Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Warranty Disclaimer. You represent Unless Siemens agrees in a separate writing to provide an exception to this warranty disclaimer with respect to the LICENSED SOFTWARE, Siemens shall be only liable for defects and warrant that: (any violation of property rights as set forth in this Clause as follows: a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. YOU ACKNOWLEDGE THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE LICENSED SOFTWARE IS PROVIDED ON AN "“AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS”, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO THE LICENSOR DOES NOT WARRANT THAT SOFTWARE(i) THE LICENSED SOFTWARE SHALL SATISFY YOUR OR THE CUSTOMER’S OWN SPECIFIC REQUIREMENTS, PREMIUM SUPPORT (ii) COPIES OF THE LICENSED SOFTWARE OTHER THAN THOSE PROVIDED OR PROFESSIONAL SERVICES AUTHORIZED BY LICENSOR SHALL POSSESS FUNCTIONAL INTEGRITY, OR (iii) THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE FREE FROM ALL BUGSUNINTERRUPTED OR ERROR-FREE. b) NIETHER SIEMENS NOR ANY OF ITS LICENSORS (IF ANY) MAKES ANY REPRESENTATIONS OR WARRANTIES, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS EXPRESSED OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREMERCHANTIBILITY, PREMIUM SUPPORT FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY OF MODIFICATIONS TO THE LICENSED SOFTWARE NOT MADE BY SIEMENS, OR PROFESSIONAL SERVICES WHETHER ALLEGED THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. SIEMENS DISCLAIMS ALL OBLIGATIONS AND LIABILITIES ON THE PART OF SIEMENS FOR DAMAGES TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISECOMPUTER, INCLUDING ANY BUT NOT LIMITED TO SPECIAL, INDIRECT, AND ALL CONSEQUENTIAL DAMANGES (I) WARRANTIES EVEN IF SIEMENS HAD BEEN ADVISED OF MERCHANTABILITY, (II) WARRANTIES THE POSSIBILITY OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSEDAMAGES), AND (III) WARRANTIES WITH RESPECT TO ATTORNEY’S AND EXPERTS’ FEES AND COURT COSTS IN AN ACTION WITH A THIRD PARTY, ARISING OUT OF NONINFRINGEMENT OR CONDITION IN CONNECTIONWITH THE USE OF TITLETHE LICENSED SOFTWARE BY LICENSEE, OR ANY THIRD PARTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THIS DISCLAIMER. YOU ACKNOWLEDGE ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED RESULTS AND AGREE THAT YOU HAVE FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT. c) ANY FURTHER RIGHTS AND REMEDIES THAN THOSE AS PER THIS CLAUSE (IN PARTICULAR YOUR RIGHT TO CLAIM DAMAGES) BASED ON A DEFECT OR A VIOLATION OF PROPERTY RIGHTS SHALL BE EXCLUDED. THIS EXCLUSION SHALL NOT RELIED ON ANY WARRANTIESAPPLY IN THE EVENT OF GROSS NEGLIGENCE, UNLAWFUL INTENT OR INSOFAR AS MANDATORY LAW PROVIDES OTHERWISE.

Warranty Disclaimer. You represent Unless Siemens agrees in a separate writing to provide an exception to this warranty disclaimer with respect to the LICENSED SOFTWARE, Siemens shall be only liable for defects and warrant that: (any violation of property rights as set forth in this Clause as follows: a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. YOU ACKNOWLEDGE THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE LICENSED SOFTWARE IS PROVIDED ON AN "“AS IS" ” AND NEITHER SIEMENS NOR ANY OF THEIR LICENSORS (IF ANY) MAKE ANY REPRESENTATIONS OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR THEIR LICENSORS OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN) WITH RESPECT WRITTEN INFORMATION OR ADVICE GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE SOFTWAREINSTALLATION, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)USE, AND RESULTS OBTAINED FROM IT. b) Any further rights and remedies than those as per this Clause (IIIin particular Your right to claim damages) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEbased on a defect or a violation of property rights shall be excluded. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESThis exclusion shall not apply in the event of gross negligence, unlawful intent or insofar as mandatory law provides otherwise.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN All My Papers Technologies are provided "AS IS." OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KINDAll My Papers does not warrant that the operation of All My Papers Technologies will meet your requirements or operate free from error. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND All My Papers DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS (CONDITIONS EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF FITNESS THIRD PARTY RIGHTS. NO ORAL OR SUITABILITY FOR WRITTEN INFORMATION OR ADVICE GIVEN BY All My Papers, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY PURPOSE (WHETHER WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR NOT WE KNOWADVICE. WITHOUT LIMITATION TO THE FOREGOING, HAVE REASON TO KNOWLICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE AND MAKES NO REPRESENTATION OF ANY SUCH PURPOSE)KIND THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY ALSO HAVE NOT RELIED ON ANY WARRANTIESOTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

Warranty Disclaimer. You represent and warrant that: (a) x. Xxx release us from all users authorized by liability for you will abide by having acquired or not acquired Content through the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, ordersServices. We make no representations concerning any Content contained in or accessed through the Services, and other requirementswe will not be responsible or liable for the accuracy, now copyright compliance, or hereafter legality of material or Content contained in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to or accessed through the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. Services. b. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED ON AN "AS IS" OR ", "AS AVAILABLE" BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES OF TITLE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY OPERATION ANY COURSE OF LAW, BY REASON OF CUSTOM PERFORMANCE OR USAGE IN THE OF TRADE, BY COURSE ALL OF DEALING OR OTHERWISEWHICH ARE EXPRESSLY DISCLAIMED. WE, INCLUDING ANY AND ALL OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) WARRANTIES OF MERCHANTABILITY, THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) WARRANTIES OF FITNESS ANY DEFECTS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND ERRORS WILL BE CORRECTED; (III) WARRANTIES ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF NONINFRINGEMENT VIRUSES OR CONDITION OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF TITLEUSING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESYOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. c. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

Warranty Disclaimer. You represent and warrant thatCOMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (aI) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, SECURE OR OMISSIONS. WE DISCLAIM AVAILABLE AT ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS PARTICULAR TIME OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITYLOCATION, (II) WARRANTIES ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF FITNESS VIRUSES OR SUITABILITY FOR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY PURPOSE (WHETHER THIRD PARTY SITES OR NOT WE KNOWSERVICES LINKED THERETO) IS ACCURATE, HAVE REASON TO KNOWERROR-FREE, HAVE BEEN ADVISEDAPPROPRIATE, COMPLIANT, OR ARE OTHERWISE AWARE COMPLETE, (V) THE RESULTS OF ANY SUCH PURPOSE)USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (IIIVI) WARRANTIES IMPLIED WARRANTES OF NONINFRINGEMENT MERCHANTABILITY, FITNESS OF THE SERVICE OR CONDITION EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF TITLEANY THIRD PARTY RIGHTS. YOU ACKNOWLEDGE EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND AGREE THAT YOU HAVE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT RELIED ON ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY WARRANTIESDEFECT.

Warranty Disclaimer. We have no special relationship with or fiduciary duty to you. You represent and warrant that: (a) all acknowledge that we have no duty to take any action regarding which users authorized by gain access to the Services; what Content you will abide by access via the terms of this AgreementServices; and (b) or how you will comply with all applicable laws, regulations, rules, ordersmay interpret or use the Content. We make no representations concerning any Content contained in or accessed through the Services, and other requirementswe will not be responsible or liable for the accuracy, now copyright compliance, or hereafter legality of material or Content contained in effector accessed through the Services. The views and opinions of our hosts and show guests are their own and not necessarily representative of our views and opinions and we assumes no responsibility for the Content, accuracy, or views of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized opinions expressed by you to the same extent as if such acts or omissions were undertaken by youhosts. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED ON AN "AS IS" OR ", “AS AVAILABLE" BASIS ” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES OF TITLE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY OPERATION ANY COURSE OF LAW, BY REASON OF CUSTOM PERFORMANCE OR USAGE IN THE OF TRADE, BY COURSE ALL OF DEALING OR OTHERWISEWHICH ARE EXPRESSLY DISCLAIMED. WE, INCLUDING ANY AND ALL OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) WARRANTIES OF MERCHANTABILITY, THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) WARRANTIES OF FITNESS ANY DEFECTS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND ERRORS WILL BE CORRECTED; (III) WARRANTIES ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF NONINFRINGEMENT VIRUSES OR CONDITION OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF TITLEUSING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESYOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Warranty Disclaimer. You represent 10.1. The warranty and remedies provided in Section 9, and as provided in a Schedule (if any) are the only warranties and remedies provided by Agilos in relation to the Software, Maintenance and/or Services and are exclusive and in lieu of all other warranties, terms and conditions, including but not limited for hidden/latent defects, all of which are hereby excluded to the fullest extent permitted by law. Agilos does not warrant that: (ai) all users authorized by you the Software will abide by meet End User’s requirements; (ii) the terms Software will operate in combination with other hardware or software, except as expressly specified in the Documentation; or (iii) operation of this Agreement; and (b) you the Software will comply with all applicable lawsbe uninterrupted or error free. 10.2. EXCEPT FOR THE LIMITED WARRANTIES ABOVE, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by youTHE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS”. THE SOFTWARE, PREMIUM SUPPORT LIMITED WARRANTIES ABOVE ARE EXCLUSIVE AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, IN LIEU OF ALL OTHER WARRANTIES, COVENANTS CONDITIONS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARETERMS, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (WHETHER EXPRESS OR IMPLIEDIMPLIED BY STATUTE, ORAL TRADE USAGE OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDHIDDEN/LATENT DEFECTS, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)TITLE. 10.3. Each of the parties acknowledges and agrees that in entering into any Agreement, AND and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (IIIwhether negligently or innocently made) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEof any person (whether party to this agreement or not) other than as expressly set out in the relevant Agreement as a warranty or representation. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESThe only remedy available to it for breach of such warranties or representations shall be for breach of contract under the terms of the relevant Agreement. Nothing in any Agreement shall, however, operate to limit or exclude any liability for fraud.

Warranty Disclaimer. You represent and warrant that: 8.1 For a period of ninety (90) days from the invoice date, NI warrants that (a) all users authorized by you the Software will abide by perform substantially in accordance with the terms of this Agreement; applicable documentation provided with the Software and (b) you the Professional Services will comply with all be performed in a good and workmanlike manner. If NI receives notice of a defect or non-conformance during the applicable lawswarranty period, regulationsNI will, rulesin its sole discretion: (i) repair or replace the affected Software, ordersor (ii) re-perform the affected Professional Services. The above warranty is Customer’s sole and exclusive remedy, and other requirementsNI’s sole and exclusive obligation and liability, now for a warranty claim under this subsection; Provided, however, that NI determines in good faith that the defect is not due to any misuse, abuse, neglect, negligence, or hereafter unauthorized repair of the Software. Any enhancement provided as part of the foregoing remedy will not re- commence the warranty period and is warranted for the remainder of the warranty period as then in effect. 8.2 EXCEPT AS EXPRESSELY PROVIDED HEREIN, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT DOCUMENTATION, AND PROFESSIONAL SERVICES OTHER ITEMS PROVIDED OR MADE AVAILABLE BY NI ARE PROVIDED ON AN "“AS IS" OR "” AND “AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS” BASIS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER EXPRESS, IMPLIED AND STATUTORY CONDIITONS AND WARRANTIES AND REPRESENTATIONS (EXPRESS INCLUDING WITHOUTLIMITATION ANY IMPLIED CONDITIONS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF SATISFACTORY QUALITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE, HAVE REASON TO KNOWTITLE, HAVE BEEN ADVISEDQUIET POSSESSION, NON-INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE OTHERWISE AWARE HEREBY DISCLAIMED. NI DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEEOR CONDITION REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, COMPLETENESS, OR QUALITY OF THE SOFTWARE, DOCUMENTATION, OR SUCH OTHER ITEMS, OR THAT USE THEREOF WILL BEUNINTERRUPTED, SECURE OR ERROR-FREE. 8.3 NI PRODUCTS ARE NOT DESIGNED OR TESTED FOR USE IN HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEARFACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH PURPOSE)OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE, OR ENVIRONMENTAL HARM. YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS NI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, AND EXPENSES (IIIINCLUDING REASONABLE ATTORNEYS' FEES) WARRANTIES ARISING OUT OF NONINFRINGEMENT YOUR USE OF THE SOFTWARE FOR HIGH-RISK USES, INCLUDING CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY OR CONDITION DEATH, OR DAMAGE TO PROPERTY, AND REGARDLESS OF TITLE. WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART ON THE ALLEGED OR ACTUAL NEGLIGENCE OF NI. 8.4 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE ARE RESPONSIBLE FOR TAKING STEPS TO PROTECT AGAINSTPRODUCT AND SYSTEM FAILURES, INCLUDING PROVIDING BACK-UP OR SHUTDOWN MECHANISMS. BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM NI'S TESTING PLATFORMS AND BECAUSE YOU MAY USE NI PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT RELIED ON EVALUATED OR CONTEMPLATED BY NI, YOU ARE ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF NI PRODUCTS FOR YOUR INTENDED USE. YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS NI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY WARRANTIESAND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF YOUR AUTHORIZED APPLICATION OR YOUR INCORPORATION OF THE SOFTWARE IN YOUR SYSTEM OR APPLICATION; PROVIDED, HOWEVER, THAT YOUR CONTRACTUAL OBLIGATION OF INDEMNIFICATION SHALL NOT EXTEND TO THE PERCENTAGE OF THE CLAIMANT'S DAMAGES OR INJURIES OR THE SETTLEMENT AMOUNT ATTRIBUTABLE TO NI’ NEGLIGENCE OR OTHER FAULT OR TO STRICT LIABILITY IMPOSED UPON NI AS A MATTER OF LAW.

Warranty Disclaimer. You represent and warrant that: (a) all of your authorized users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, orders and other requirements, now or hereafter in effect, of any applicable governmental authority, in your its performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all of your authorized users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (IA) WARRANTIES OF MERCHANTABILITY, (IIB) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE HAS BEEN ADVISED, OR ARE IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (IIIC) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Warranty Disclaimer. You represent and warrant that: 11.1 Nothing in this Agreement shall be construed as: (a) all users authorized A warranty or representation by you will abide by MSU as to the terms validity or scope of this Agreement; and any Patent; (b) you A warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or will comply with all applicable lawsbe free from infringement of patents, regulationscopyrights and/or trademarks of third parties; (c) An obligation of MSU to bring or prosecute actions or suits against third parties for infringement; (d) Conferring rights to use in advertising, rulespublicity or otherwise any trademark or the name of MSU; or (e) Granting by implication, ordersestoppel or otherwise any licenses under patents of MSU other than the Patents, and regardless of whether such other requirements, now patents are dominant of or hereafter in effect, of subordinate to any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary Patent. 11.2 Except as expressly set forth in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY MSU MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS EXTENDS NO WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) AND ASSUMES NO RESPONSIBILITIES WHATEVER WITH RESPECT TO THE SOFTWAREUSE, PREMIUM SUPPORT SALE OR PROFESSIONAL OTHER DISPOSITION BY COMPANY OR ITS VENDEES OR OTHER TRANSFEREES OF PRODUCTS, PROCESSES, OR SERVICES INCORPORATING OR MADE BY USE OF THE TECHNOLOGY, KNOW-HOW, OR PATENTS LICENSED UNDER THIS AGREEMENT OR INFORMATION, IF ANY, FURNISHED UNDER THIS AGREEMENT. SUCH TECHNOLOGY, KNOW-HOW, PATENTS AND INFORMATION ARE PROVIDED AS IS, WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. 11.3 MSU ASSUMES NO LIABILITY UNDER THIS AGREEMENT. IN NO EVENT WILL MSU BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY OR SERVICES OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PATENTS OR KNOW HOW OR OTHERWISE ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER ALLEGED TO ARISE BY OPERATION FOR BREACH OF LAWCONTRACT, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES . THIS LIMITATION WILL APPLY EVEN IF MSU HAS BEEN ADVISED OF MERCHANTABILITY, (II) WARRANTIES THE POSSIBILITY OF FITNESS OR SUITABILITY FOR ANY SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESLIMITED REMEDY.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by The Products will, for a period of 120 days from the terms date of this Agreement; and (b) you will comply receipt, perform materially in accordance with all applicable lawsthe Products’ documentation. EXCEPT AS SPECIFICALLY PROVIDED IN THE FOREGOING SENTENCE, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES PRODUCTS ARE PROVIDED ON AN "“AS IS" OR "AS AVAILABLE" BASIS ,” “WHERE IS,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PRECEDING SENTENCE DOES NOT LIMIT CLIENT’S INDEMNITY OBLIGATIONS UNDER SECTION 1 OF THIS AGREEMENT. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONSClient acknowledges that the Products may not work properly or in accordance with their documentation. WE DISCLAIM ANY Consultant does not warrant that Client’s use of the Products will be uninterrupted or error-free or that any security mechanisms implemented by the Products will not have inherent limitations. THE WARRANTIES HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS (WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE ERROR-FREE OR WRITTEN) WITHOUT INTERRUPTION, OR THAT THE PRODUCTS WILL BE COMPATIBLE WITH RESPECT OTHER SOFTWARE, OPERATING SYSTEMS OR ENVIRONMENTS, OR EQUIPMENT. CLIENT MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE FULLEST EXTENT PERMITTED BY OPERATION OF LAW, BY REASON THE DURATION AND SCOPE OF CUSTOM OR USAGE IN STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESMAXIMUM EXTENT PERMITTED.

Warranty Disclaimer. M-Prep Inc has no special relationship with or fiduciary duty to you. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, ordersacknowledge that M-Prep Inc has no control over, and other requirementsno duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release M-Prep Inc from all liability for you having acquired or not acquired Content through the Services. The Services may contain, now or hereafter direct you to websites containing, information that some people may find offensive or inappropriate. M-Prep Inc makes no representations concerning any content contained in effector accessed through the Services, and M-Prep Inc will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. M-Prep Inc makes no representations or warranties regarding suggestions or recommendations of services or products (including Third Party Software provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any applicable governmental authoritykind from M-Prep Inc or others unless, with respect to others (only), otherwise made expressly and unambiguously in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible writing by a designated third party for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by youa specific product. THE SOFTWARESERVICES, PREMIUM SUPPORT CONTENT, WEBSITE AND PROFESSIONAL SERVICES ANY SOFTWARE ARE PROVIDED ON AN "“AS IS" OR "AS AVAILABLE" BASIS ” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREINCLUDING, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWWITHOUT LIMITATION, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE, HAVE REASON TO KNOW, HAVE BEEN ADVISEDNON-INFRINGEMENT, OR ARE OTHERWISE AWARE THAT USE OF ANY SUCH PURPOSE)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SO THE ABOVE LIMITATIONS MAY NOT RELIED ON ANY WARRANTIESAPPLY TO YOU.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, orders and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE HAS BEEN ADVISED, OR ARE IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Warranty Disclaimer. You represent and warrant that: a. Lessor warrants that either (ai) all users it will have good title to the Engines at the time of delivery to Lessee or (ii) if Lessor is not the owner of the Engines, Lessor has been authorized by you will abide the owner of the Engines (the "Owner") to lease the Engines to Lessee and to perform as Lessor hereunder. b. The Engines are leased and accepted by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter Lessee in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONScondition and with all faults accepted Lessor makes no warranties whatsoever with respect to any Engine, WARRANTIESexpress or implied, COVENANTS OR CONDITIONS except the warranty appearing in Section 12.a. above. c. THE WARRANTIES SET FORTH IN THIS SECTION 12 AND THE OBLIGATIONS AND LIABILITIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARELESSOR THEREUNDER, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE ARE EXPRESSLY IN LIEU OF AND LESSEE HERE WAIVES AND RELEASES LESSOR FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (WARRANTIES, AGREEMENTS, GUARANTEES, CONDITIONS, DUTIES, OBLIGATIONS, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE ARISING BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND ALL (I) WARRANTIES OF MERCHANTABILITYFITNESS FOR INTENDED USE, (II) WARRANTIES OF FITNESS WITH RESPECT TO ANY ENGINE LEASED HEREUNDER OR SUITABILITY FOR ANY PURPOSE (WHETHER LESSOR'S PERFORMANCE HEREUNDER. NO AGREEMENT OR NOT WE KNOWUNDERSTANDING VARYING, HAVE REASON TO KNOW, HAVE BEEN ADVISEDALTERING, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)EXTENDING LESSOR'S LIABILITY WILL BE BINDING ON LESSOR UNLESS WRITING AND SIGNED BY LESSEE'S AND LESSOR'S DULY AUTHORIZED OFFICER OR REPRESENTATIVE. d. Upon Lessee's request and provided that Lessee is not in default under this Agreement, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLELessor reasonably assist Lessee in processing claims and enforcing rights of Lessor arising under a existing manufacturer's or overhaul agency warranties for any Engine leased hereunder; provided always that Lessee will indemnify Lessor for any reasonable costs and expenses incurred Lessor in connection therewith. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESWith respect to any such warranties, it is understood that, except as specifically provided in this Section 12.d., Lessor will have no further liabilities to Lessee.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms Subject to the contrary limitations and exceptions set forth in this Agreement, you will remain responsible Allure warrants, that when properly used for acts or omissions of all users the purpose and in the manner authorized by you this Agreement, the Software will, during a Subscription Term, perform substantially in accordance with the specifications set forth in the Documentation. Licensee’s sole and exclusive remedy and Allure’s sole and exclusive obligation under this warranty shall be, at Allure’s sole discretion, (i) for Allure to correct any failure of the same extent Software to perform as if such acts warranted, (ii) for Allure to replace the Software with a new copy or omissions were undertaken by youupdate, or (iii) termination of this Agreement and the licenses granted herein, and a refund of that portion of the prepaid Subscription Fee associated with the unused prepaid portion of the then current Subscription Term. OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND THE LICENSEE ACCEPTS THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND RESULTS OF USE OF THE SOFTWARE, PREMIUM SUPPORT TECHNOLOGY, DOCUMENTATION, AND PROFESSIONAL SERVICES ARE ANY CONTENT OR RESULTS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THROUGH THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM AND ALLURE DISCLAIMS ANY AND ALL OTHER WARRANTIES REPRESENTATIONS AND REPRESENTATIONS (WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREINCLUDING, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWBUT NOT LIMITED TO, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. ALLURE DOES NOT WARRANT THAT THE SOFTWARE, THE CONTENT PROVIDED THROUGH THE SOFTWARE OR ANY OTHER MATERIALS, INFORMATION OR SERVICES PROVIDED BY ALLURE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THEIR OPERATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. USE OF FITNESS OR SUITABILITY THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ALLURE IS NOT RESPONSIBLE FOR ANY PURPOSE (WHETHER OR NOT WE KNOWDELAYS, HAVE REASON TO KNOW, HAVE BEEN ADVISEDDELIVERY FAILURES, OR ARE OTHERWISE AWARE OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. FURTHER, LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HIGH-RISK OR HAZARDOUS ENVIRONMENT, WHERE THE FAILURE OR MALFUNCTION OF THE SOFTWARE CAN REASONABLY BE EXPECTED TO RESULT IN DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR SEVERE ENVIRONMENTAL HARM. ALLURE SHALL NOT BE LIABLE TO LICENSEE IN ANY SUCH PURPOSE), AND (III) WARRANTIES WAY FOR USE OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHE SOFTWARE IN A HIGH RISK ENVIRONMENT.

Warranty Disclaimer. You represent and warrant that: 10.1 Nothing in this Agreement will be construed as: (a) all users authorized A warranty or representation by you CHMC as to the validity or scope of any Patent or that any pending patent applications under the Patents will abide by the terms of this Agreement; and issue; (b) you will comply with all applicable lawsA warranty or representation that anything made, regulationsused, rules, orders, and other requirements, now sold or hereafter in effect, otherwise disposed of under any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary license granted in this AgreementAgreement is or will be free from infringement of patents, you will remain responsible copyrights, trade secrets or other intellectual property of third parties; (c) An obligation of CHMC to bring or prosecute actions or suits against third parties for acts infringement; (d) Granting by implication, estoppel or omissions otherwise any licenses under patents of all users authorized by you CHMC other than Patents; or (e) An obligation to the same extent furnish any technology, technological information or other materials other than as if such acts or omissions were undertaken by you. THE SOFTWAREexpressly identified herein. 10.2 CHMC MAKES NO, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" HAS NOT MADE ANY, REPRESENTATIONS OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL AND ASSUMES NO RESPONSIBILITIES OR WRITTEN) LIABILITY WHATSOEVER WITH RESPECT TO THE SOFTWAREPATENTS, PREMIUM SUPPORT TECHNOLOGY OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BIOLOGICAL MATERIALS OR THE USE, SALE OR OTHER DISPOSITION BY OPERATION COMPANY OR ITS AFFILIATES, SUBLICENSEES, VENDEES OR OTHER AGENTS OR TRANSFEREES OR END USERS OF LAW, PRODUCTS OR PROCESSES INCORPORATING OR MADE BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE USE OF ANY SUCH PURPOSETECHNOLOGY OR PATENTS LICENSED UNDER THIS AGREEMENT OR BIOLOGICAL MATERIALS (IF ANY), FURNISHED IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING ARE PROVIDED AS IS, WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AND (III) COMPANY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST CHMC WITH RESPECT TO ANY OF THE FOREGOING. COMPANY SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS AND WARRANTIES THAT COMPANY OR ITS AGENTS, SUBLICENSEES OR AFFILIATES MAKE TO THIRD PARTIES WITH RESPECT TO ANY OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHE FOREGOING.

Warranty Disclaimer. You represent Licensee acknowledges and warrant thatagrees 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’ their sole risk. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, Black Duck AND ITS AFFILIATES AND SUPPLIERS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) DISCLAIM ANY WARRANTY: (aA) all users authorized by you will abide by the terms of this AgreementTHAT THE CBT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; and (bB) you will comply with all applicable lawsAS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CBT; (C) AS TO THE ACCURACY, regulationsRELIABILITY, rulesCOMPLETENESS, ordersOR CONTENTS OF ANY CONTENT, and other requirementsINFORMATION, now or hereafter in effectMATERIAL, of any applicable governmental authorityPOSTINGS, in your performance of this AgreementOR 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. Notwithstanding any terms to the contrary in this AgreementEXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE CBT IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF NON-INFRINGEMENT OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH A PARTICULAR PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Warranty Disclaimer. The contents on this platform have been compiled by us from internal and external sources. While we have made attempts to provide accurate and valid information on our platform, no representation is made or warranty given as to the validity, completeness, or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You represent and warrant that: (a) all users authorized should, therefore, verify information obtained from the platform before you take any action upon it. No advice or information, whether oral or written, obtained by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of from us shall create any applicable governmental authority, in your performance of this Agreementwarranty not expressly made herein. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. OUR SITE AND THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SITE SERVICES ARE PROVIDED “AS AVAILABLE” AND ON AN "AS “AS-IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WARRANTIES, COVENANTS OR CONDITIONS WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY, OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. WE DO NOT WARRANT THAT SOFTWAREGUARANTEE CONTINUOUS, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORSUNINTERRUPTED, OR OMISSIONS. WE DISCLAIM ANY SECURE ACCESS TO ITS SERVICES, AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, OUR SITE MAY BE INTERFERED WITH BY REASON NUMEROUS FACTORS OUTSIDE OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.OUR CONTROL

Warranty Disclaimer. The Software is made available to you free of charge. You represent may be entitled to warranties, conditions and warrant that: (a) all users authorized terms that may not be excluded or limited by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsAdobe under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, regulationsCONDITIONS AND TERMS, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT ADOBE ONLINE SERVICES AND PROFESSIONAL THIRD PARTY ONLINE SERVICES ARE PROVIDED ON AN "MADE AVAILABLE “AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY .” EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTIES, COVENANTS GUARANTEES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS TERMS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREWHETHER BY STATUTE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF COMMON LAW, BY REASON OF CUSTOM OR CUSTOM, USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, INCLUDING ANY AND ALL (I) WARRANTIES OF RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, (II) WARRANTIES OF INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ADOBE DOES NOT WE KNOWSEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. These exclusions and limitations will apply to the maximum extent permitted by applicable law, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEeven if any remedy fails its essential purpose. Adobe provides no support services for the Software. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON THAT: ADOBE HAS NO EXPRESS OR IMPLIED OBLIGATION TO CONTINUE TO MAKE THE SOFTWARE OR ANY WARRANTIESFEATURE THEREOF AVAILABLE NOR INTRODUCE ANY PRODUCTS OR SERVICES COMPATIBLE WITH THE SOFTWARE.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsTHE FOREGOING EXPRESS WARRANTIES ARE IN LIEU OF ALL LIABILITIES OR OBLIGATIONS ON THE PART OF RSA. OTHER THAN THE EXPRESS WARRANTIES MADE BY RSA AS SET FORTH IN THIS XXXXXXX 0, regulationsXXX AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AS TO ANY MATTER WHATSOEVER, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). YOUR SOLE REMEDY FOR BREACH OF SUCH EXPRESS LIMITED WARRANTIES SHALL BE A CORRECTION, FIX OR WRITTEN) WITH RESPECT REFUND AS SET FORTH IN THIS SECTION 4. This warranty gives You specific legal rights. As some jurisdictions do not allow the exclusion of implied conditions or warranties, statutory or otherwise, the above exclusion may not apply to you and, as such, You may also have other rights that vary from jurisdiction to jurisdiction. Any and all related warranty issues and subsequent support issues shall be directed to the party that You purchased this license from, unless, in the case of support matters, You have entered into a separate support service contract directly with RSA. YOU UNDERSTAND THAT, IF YOU PURCHASED THis PACKAGE FROM AN AUTHORIZED RESELLER OF RSA, SUCH RESELLER IS NOT RSA'S AGENT AND IS NOT AUTHORIZED TO THE SOFTWAREMAKE ANY REPRESENTATIONS, PREMIUM SUPPORT CONDITIONS OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWWARRANTIES, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING STATUTORY OR OTHERWISE, INCLUDING ON RSA'S BEHALF NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. IN ADDITION, YOU ACKNOWLEDGE THAT, UNLESS OTHERWISE AGREED BY SUCH RESELLER IN WRITING OR IF PROHIBITED BY LAW, THE LIMITATIONS OF CONDITIONS AND ALL (I) WARRANTIES OF MERCHANTABILITYWARRANTIES, (II) WARRANTIES OF FITNESS STATUTORY OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)OTHERWISE, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE LIABILITY SET FORTH IN THIS AGREEMENT ALSO APPLY TO AND AGREE BENEFIT THAT YOU HAVE NOT RELIED ON ANY WARRANTIESRESELLER.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized The statements herein constitute the only warranty extended by you will abide by KMEW for the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this AgreementProduct. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, KMEW DISCLAIMS ALL OTHER WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR WRITTEN) FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE PRODUCT PURCHASE IS SUBJECT TO CONSUMER PRODUCT WARRANTY LAW, OR BY USAGE OF TRADE OR COURSE OF DEALING IN WHICH INSTANCES THE DURATION OF ANY APPLICABLE WARRANTIES ARE LIMITED TO THE FIRST ELAPSE OF THE WARRANTY PERIOD PROVIDED ABOVE, OR SUCH SHORTER PERIOD AS APPLICABLE LAW PERMITS OR REQUIRES. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. IN NO EVENT WILL KMEW HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES (WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. NO OTHER WARRANTY WILL BE MADE BY THE MANUFACTURER OR THE SELLER OR BY OPERATION OF LAW OR BY USAGE OF TRADE OR COURSE OF DEALING WITH RESPECT TO THE SOFTWAREPRODUCT OR ITS INSTALLATION, PREMIUM SUPPORT STORAGE, HANDLING, MAINTENANCE, USE, REPLACEMENT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEREPAIR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESThis Warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Warranty Disclaimer. You represent and warrant that: (5.1 Nothing in this Agreement will be construed as: a) all users authorized by you A warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or will abide by the terms be free from infringement of this Agreement; and (patents, copyrights, trade secrets or other intellectual property of Third Parties; b) you will comply with all applicable lawsGranting by implication, regulationsestoppel or otherwise any licenses under proprietary rights of Xxxx Hutch other than Biological Materials; or c) An obligation to furnish any technology, rulestechnological information or other materials other than as expressly identified herein. 5.2 XXXX HUTCH MAKES NO, ordersHAS NOT MADE ANY, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL AND ASSUMES NO RESPONSIBILITIES OR WRITTEN) LIABILITY WHATSOEVER WITH RESPECT TO THE SOFTWAREUSE, PREMIUM SUPPORT SALE OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE OTHER DISPOSITION BY OPERATION COMPANY OR ITS AFFILIATES, VENDEES OR OTHER AGENTS OR TRANSFEREES OR END USERS OF LAW, DEVELOPED PRODUCTS INCORPORATING OR MADE BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE USE OF ANY SUCH PURPOSE)BIOLOGICAL MATERIALS UNDER THIS AGREEMENT, FURNISHED IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING ARE PROVIDED AS IS, WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AND (III) COMPANY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST XXXX HUTCH WITH RESPECT TO ANY OF THE FOREGOING. COMPANY SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS AND WARRANTIES THAT COMPANY OR ITS AGENTS OR AFFILIATES MAKE TO THIRD PARTIES WITH RESPECT TO ANY OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHE FOREGOING.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT THE SAAS SERVICES AND PROFESSIONAL SERVICES THE API ARE PROVIDED ON AN "“AS IS" OR "” AND “AS AVAILABLE" BASIS ,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWAREPERSONALIZED SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) IN CONNECTION WITH RESPECT TO THIS AGREEMENT, THE SOFTWARE, PREMIUM SUPPORT THE SAAS SERVICES OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION THE API. WITHOUT LIMITING THE FOREGOING, PERSONALIZED SOFTWARE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF LAWMERCHANTABILITY, BY REASON OF CUSTOM OR USAGE IN THE TRADEFITNESS FOR A PARTICULAR PURPOSE, BY NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR OTHERWISEUSAGE OF TRADE. We make no warranty that the Software, INCLUDING ANY AND the SaaS Services or the API will meet your requirements or that the SaaS Services will be available on an uninterrupted, secure, or error-free basis. Personalized Software will have no liability arising out of or in connection with any errors or omissions in any Center Content provided to Personalized Software by you in connection with the SaaS Services; or any actions taken by Personalized Software at your direction; or your or any Authorized User’s use of any third-party products, services, software or websites, however accessed. NEITHER PERSONALIZED SOFTWARE NOR ITS LICENSORS ARE RESPONSIBLE FOR YOUR OR YOUR AUTHORIZED USERS’ OR PARENTS’ CONDUCT OR YOUR PROVISION OF CHILDCARE SERVICES. WITHOUT LIMITING THE FOREGOING, PERSONALIZED SOFTWARE DISCLAIMS ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY LIABILITY FOR ANY PURPOSE (WHETHER CLAIM, PERSONAL INJURY OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE PROPERTY DAMAGE ARISING IN CONNECTION WITH YOUR PROVISION OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESCHILDCARE SERVICES.

Warranty Disclaimer. You represent Unless Siemens agrees in a separate writing to provide an exception to this warranty disclaimer with respect to the LICENSED SOFTWARE as provided in the “XXXX” Product purchased by you, Siemens shall be only liable for defects and warrant that: (any violation of property rights as set forth in this Clause as follows: a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. YOU ACKNOWLEDGE THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE LICENSED SOFTWARE IS PROVIDED ON AN "“AS IS" ” AND NEITHER SIEMENS NOR ANY OF THEIR LICENSORS (IF ANY) MAKE ANY REPRESENTATIONS OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR THEIR LICENSORS OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN) WITH RESPECT WRITTEN INFORMATION OR ADVICE GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE SOFTWAREINSTALLATION, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)USE, AND RESULTS OBTAINED FROM IT. b) Any further rights and remedies than those as per this Clause 9 (IIIin particular Your right to claim damages) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEbased on a defect or a violation of property rights shall be excluded. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESThis exclusion shall not apply in the event of gross negligence, unlawful intent or insofar as mandatory law provides otherwise.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, orders and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "“AS IS" ” OR "“AS AVAILABLE" ” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE HAS BEEN ADVISED, OR ARE IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Warranty Disclaimer. The contents on this platform have been compiled by us from internal and external sources. While we have made attempts to provide accurate and valid information on our site, no representation is made or warranty given as to the validity, completeness, or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You represent and warrant that: (a) all users authorized should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsfrom us, regulations, rules, orders, and other requirements, now or hereafter in effect, of shall create any applicable governmental authority, in your performance of this Agreementwarranty not expressly made herein. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. OUR SITE AND THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SITE SERVICES ARE PROVIDED “AS AVAILABLE” AND ON AN "AS “AS-IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WARRANTIES, COVENANTS OR CONDITIONS WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY, OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. WE DO NOT WARRANT THAT SOFTWAREGUARANTEE CONTINUOUS, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORSUNINTERRUPTED, OR OMISSIONS. WE DISCLAIM ANY SECURE ACCESS TO ITS SERVICES, AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, OUR SITE MAY BE INTERFERED WITH BY REASON NUMEROUS FACTORS OUTSIDE OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.OUR CONTROL

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by Other than the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orderswarranty set forth in Section 11.1 above, and to the maximum extent permitted by applicable law, Foxit, its authorized resellers and their subsidiaries provides the Product and any support services related to the Product ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all other requirementswarranties and conditions, now either express, implied or hereafter in effectstatutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of any applicable governmental authorityfitness for a particular purpose, in your performance of this Agreement. Notwithstanding any terms accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the contrary in this AgreementProduct, you will remain responsible for acts and the provision of or omissions of all users authorized by you failure to the same extent as if such acts or omissions were undertaken by youprovide support services. 12. LIMIT OF LIABILITY AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREMIUM IN NO EVENT SHALL FOXIT, ITS AUTHORIZED RESELLERS OR THEIR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORSSERVICES, OR OMISSIONS. WE DISCLAIM OTHERWISE UNDER OR IN CONNECTION WITH ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIEDPROVISION OF THIS LICENSE, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE EVEN IN THE TRADEEVENT OF THE FAULT, BY COURSE OF DEALING OR OTHERWISE, TORT (INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSENEGLIGENCE), AND (III) WARRANTIES STRICT LIABILITY, BREACH OF NONINFRINGEMENT CONTRACT OR CONDITION BREACH OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESWARRANTY OF FOXIT, EVEN IF FOXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty Disclaimer. You represent and warrant that: (a) Tenable warrants that the Services and Software will provide in all users authorized material respects the functionality described in Tenable’s Documentation applicable to the Services purchased by you will abide by You. Your sole and exclusive remedy in the terms event Tenable breaches this warranty shall be for Tenable to use commercially reasonable efforts to modify the Services to provide in all material respects the functionality described in Tenable’s Documentation and, if Tenable is unable to restore such functionality within sixty (60) days, You shall be entitled to terminate the Agreement and receive a pro-rata refund of any prepaid subscription fees for Your use of the nonconforming Services for the terminated portion of the term. Tenable shall have no obligation with respect to a warranty claim unless You notify Tenable of such claim within thirty (30) days of the date the underlying condition first arose, and such notice must be sent in accordance with Section 22. The warranties set forth in this Agreement; Section are made to You and for Your benefit only. All warranties shall only apply if the applicable Service has been utilized in accordance with this Agreement and the Documentation. (b) you will comply with all applicable lawsEXCEPT AS EXPRESSLY STATED IN SECTION 11(a), regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS TENABLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND THAT ASSESSING NETWORK SECURITY IS A COMPLEX PROCEDURE, AND TENABLE DOES NOT WARRANT GUARANTEE THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL THE RESULTS OF THE SERVICES WILL BE ERROR- FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY PROVIDE A COMPLETE AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION ACCURATE PICTURE OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)YOUR SECURITY FLAWS, AND (III) WARRANTIES YOU AGREE NOT TO RELY SOLELY ON SUCH SERVICES IN DEVELOPING YOUR SECURITY STRATEGY. TENABLE MAKES NO GUARANTEE THAT A SUCCESSFUL COMPLETION OF NONINFRINGEMENT OR CONDITION OF TITLEA TENABLE PCI SCAN WILL MAKE YOU COMPLIANT WITH THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD. YOU ACKNOWLEDGE THAT THE SERVICES MAY RESULT IN LOSS OF SERVICE OR OTHER IMPACT TO NETWORKS OR COMPUTERS, AND AGREE THAT YOU HAVE NOT RELIED ON ARE SOLELY RESPONSIBLE FOR ANY WARRANTIESDAMAGES RELATING TO SUCH LOSS OR IMPACT.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by Other than the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orderswarranty set forth in Section 11.1 above, and to the maximum extent permitted by applicable law, Foxit, its authorized resellers and their subsidiaries provides the Product and any support services related to the Product ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all other requirementswarranties and conditions, now either express, implied or hereafter in effectstatutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of any applicable governmental authorityfitness for a particular purpose, in your performance of this Agreement. Notwithstanding any terms accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the contrary in this AgreementProduct, you will remain responsible for acts and the provision of or omissions of all users authorized by you failure to the same extent as if such acts or omissions were undertaken by youprovide support services. 12. LIMIT OF LIABILITY AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREMIUM IN NO EVENT SHALL FOXIT, ITS AUTHORIZED RESELLERS OR THEIR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORSSERVICES, OR OMISSIONS. WE DISCLAIM OTHERWISE UNDER OR IN CONNECTION WITH ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIEDPROVISION OF THIS LICENSE, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE EVEN IN THE TRADEEVENT OF THE FAULT, BY COURSE OF DEALING OR OTHERWISE, TORT (INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSENEGLIGENCE), AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF FOXIT, EVEN IF FOXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. . The foregoing exclusion/limitation of liability shall not apply to (III1) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.personal injury or death resulting from FOXIT’s negligence; (2) for fraud;

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by The Company makes no representations or warranties concerning any Content contained in or accessed through the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, ordersServices, and other requirementsthe Company shall not be responsible or liable for the accuracy, now copyright compliance, legality, or hereafter decency of material contained in effect, or accessed through the Services. The Sensor Platform is provided “AS IS” and without any warranty of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to kind from the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by youCompany. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED BY THE COMPANY ON AN "AS “AS-IS" OR "” AND “AS AVAILABLE" BASIS ” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO EQUIPMENT OR WRITTEN) WITH RESPECT TO SERVICES LISTED ON THE SOFTWAREWEBSITE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE, HAVE REASON TO KNOW, HAVE BEEN ADVISEDNON-INFRINGEMENT, OR ARE OTHERWISE AWARE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET USER’S REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT THE QUALITY OF ANY SUCH PURPOSE)EQUIPMENT OR THE USE OF THE SERVICES WILL MEET USER’S EXPECTATIONS. THE COMPANY MAKES NO GUARANTEES, AND (III) WARRANTIES OF NONINFRINGEMENT REPRESENTATIONS OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WARRANTIESCONTENT AVAILABLE THROUGH THE SERVICES.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. ENC PROVIDES THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "SOFTWARE FOR USE “AS IS" OR "AS AVAILABLE" BASIS ” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, QUIET ENJOYMENT, INTEGRATION, TITLE, NON- INTERFERENCE AND NON-INFRINGEMENT. WE DO FURTHER, ENC DOES NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES THE SOFTWARE WILL BE FREE FROM ALL BUGSERROR OR BUGS OR THAT ITS USE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE OR WRITTEN MATERIALS WILL BE CORRECT, ERRORSACCURATE, OR OMISSIONSRELIABLE. WE DISCLAIM ANY THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SHOULD THE SOFTWARE PROVE DEFECTIVE FOLLOWING LICENSE, LICENSEE (AND NOT ENC) ASSUMES THE ENTIRE COST OF ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS NECESSARY SERVICING OR IMPLIEDREPAIR, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREEXCEPT AS MAY OTHERWISE BE PROVIDED BY ENC, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDA RESELLER, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)A SUPPORT PROVIDER. The Software is owned by ENC and is protected by Canadian and United States copyright laws and international treaty provisions. Therefore, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEyou must treat the Software like any other copyrighted material. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESPaying the license fee allows you the right to use one copy of the Software. You may not modify, adapt, translate, reverse engineer, or disassemble the Software. The Software is for personal use only. Resale of the Software, in any form, in whole or in part, is strictly prohibited. If you violate any part of this agreement, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession.

Warranty Disclaimer. You represent 7.1 PTC represents and warrant that: warrants that (a) it has all users authorized by you will abide by requisite corporate or other power to enter into this Agreement and to carry out the terms of this Agreement; and (b) you will all corporate action on the part of PTC, its officers, board of directors and stockholders necessary for the performance of its obligations under this Agreement has been taken. EXCEPT AS EXPRESSLY SET FORTH ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, PTC AND ITS LICENSORS, AS APPLICABLE, MAKE NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR SOFTWARE, AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY PTC AND ITS LICENSORS. CLIENT ACKNOWLEDGES THAT NEITHER PTC NOR ITS LICENSORS HAVE REPRESENTED OR WARRANTED THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY OR WITHOUT COMPROMISE OF THE SECURITY SYSTEMS RELATED TO THE SERVICES OR THAT ALL ERRORS WILL BE CORRECTED. 7.2 Client represents and warrants that it shall comply with all applicable lawsprivacy, regulations, rules, orders, consumer and other requirementslaws and regulations with respect to its (i) provision, now use and disclosure of the Data; (ii) dealings with the users providing the Data; and (iii) use of the Services. Additionally, Client represents and warrants that (a) it has all requisite corporate or hereafter in effect, of any applicable governmental authority, in your performance other power to enter into this Agreement and to carry out the terms of this Agreement. Notwithstanding ; (b) all corporate action on the part of Client, its officers, board of directors and stockholders necessary for the performance of its obligations under this Agreement has been taken; (c) this Agreement constitutes its valid and legally binding obligation, enforceable against it in accordance with the terms hereof; (d) if Client is a corporation, then it is a corporation in good standing in its jurisdiction of incorporation; (e) it has read and understands the entire Agreement and desires to be bound thereby, and it has been represented by counsel of its own choosing; and (f) it represents and warrants that, except as expressly set forth herein, no representations of any terms kind or character have been made to the contrary in induce it to execute and enter into this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Warranty Disclaimer. a. We have no special relationship with or fiduciary duty to you. You represent and warrant that: (a) acknowledge that we have no duty to take any action regarding: i. which users gain access to the Services; ii. what Content you access via the Services; or iii. how you may interpret or use the Content. b. You release us from all users authorized by liability for you will abide by having acquired or not acquired Content through the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, ordersServices. We make no representations concerning any Content contained in or accessed through the Services, and other requirementswe will not be responsible or liable for the accuracy, now copyright compliance, or hereafter legality of material or Content contained in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to or accessed through the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. Services. c. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED ON AN "“AS IS" OR "”, “AS AVAILABLE" BASIS ” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES OF TITLE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY OPERATION ANY COURSE OF LAW, BY REASON OF CUSTOM PERFORMANCE OR USAGE IN THE OF TRADE, BY COURSE ALL OF DEALING OR OTHERWISEWHICH ARE EXPRESSLY DISCLAIMED. WE, INCLUDING ANY AND ALL OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) WARRANTIES OF MERCHANTABILITY, THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) WARRANTIES OF FITNESS ANY DEFECTS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND ERRORS WILL BE CORRECTED; (III) WARRANTIES ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF NONINFRINGEMENT VIRUSES OR CONDITION OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF TITLEUSING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESYOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by EVL has made no representation or ------------------- warranty regarding the terms of this Agreement; and (b) you will comply with all applicable lawsLeased System. PRIME LESSEE/SUBLESSOR ACKNOWLEDGES AND AGREES THAT EVL IS NOT THE MANUFACTURER OF THE LEASED SYSTEMS, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THAT EVL LEASES THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN LEASED SYSTEMS TO PRIME LESSEE/SUBLESSOR "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSAND THAT EVL MAKES NO WARRANTY, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT DESIGN OR CONDITION OF TITLETHE LEASED SYSTEMS, THEIR MERCHANTABILITY OR FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR THE WORKMANSHIP OF THE LEASED SYSTEM OR THAT THE LEASED SYSTEM, OR ANY PART OR COMPONENT THEREOF, OR PRIME LESSEE/SUBLESSOR'S USE THEREOF, DOES NOT INFRINGE THE PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PERSON. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESEVL shall have no liability whatsoever for the selection, quality, condition, merchantability, suitability, fitness, operation or performance of the Leased Systems. Without limiting the generality of the foregoing, EVL shall not be liable to the Prime Lessee/Sublessor, or any officer, trustee, employee, agent or representative of Prime Lessee/Sublessor, or to any person with respect to whom a BriteSmile Procedure is performed, for any liabilities, claims, losses, damages (including incidental, consequential and punitive damages) or expenses of any kind or nature (including strict liability in tort) caused, directly or indirectly, by any Leased System, or any inadequacy thereof for any purpose, or any deficiency or defect therein, or installation or maintenance thereof, or any repairs, servicing or adjustments thereto; or any delay in providing or failure to provide any part thereof, or any interruption or loss of service or use thereof, or any loss of business, or any damage whatsoever and howsoever caused, it being understood and acknowledged that EVL has no obligation whatsoever with respect to the delivery, installation, maintenance, repairs, servicing or adjustments of the Leased System or any part thereof, or any replacement part thereto.

Warranty Disclaimer. WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS”. You represent acknowledge that none of Supplier or their representatives are our agents and warrant that: (a) all users none of them are authorized by you will abide by to modify the terms of this Agreement; Agreement or on any Schedule. No representation or warranty of Supplier with respect to the Equipment will bind us, nor will any breach thereof relieve you of any of your obligations hereunder. You are aware of the name of the manufacturer or supplier of each item of Equipment and (b) you will comply contact the manufacturer or supplier for a description of your warranty rights. You hereby acknowledge and confirm that you have not received any tax, financial, accounting or legal advice from us, the manufacturer or Supplier of the Equipment. THIS AGREEMENT AND EACH SCHEDULE CONSTITUTES A “FINANCE LEASE” AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. You agree that any manufacturer or Supplier warranty is a separate and independent obligation of Supplier to you, that no assignee of the Lessor shall have any obligation to you with all applicable lawsrespect to such warranty and that your obligations under this Agreement are not subject to setoff, regulationswithholding, rulesreduction, orderscounterclaim or defense for any reason whatsoever including, and other requirementswithout limitation, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, claim you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESmay have against Supplier.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsEXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE ALL SOFTWARE, PREMIUM DOCUMENTATION, MAINTENANCE AND SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "“AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE ” AND APPDYNAMICS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES REPRESENTATIONS AND REPRESENTATIONS (EXPRESS OR WARRANTIES, EITHER EXPRESS, IMPLIED, ORAL STATUTORY, OR WRITTEN) OTHERWISE WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE ACCESS TO OR OPERATION OF THE SOFTWARE. APPDYNAMICS EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWDOCUMENTATION, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY MAINTENANCE AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDSUPPORT, OR ARE OTHERWISE AWARE OF SERVICES OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY SUCH PURPOSEEND USER OR THIRD PARTY SOFTWARE OR HARDWARE. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. AppDynamics is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and End User acknowledges that the Software and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. The Software is not fault- tolerant and is not designed or intended for use in hazardous environments, including without limitation, in the operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems, or any other application in which failure of the Software could lead to death or serious bodily injury of a person, or to severe physical or environmental damage (each, a “High Risk Use”). AppDynamics expressly disclaims any express or implied warranty or representation of fitness for High Risk Use. AppDynamics shall not be liable to End User for any loss, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESdamage or harm suffered by End User that is directly or indirectly caused by End User’s unauthorized use of the Software to process Prohibited Data.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by The Company makes no representations or warranties concerning any Content contained in or accessed through the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, ordersServices, and other requirementsthe Company shall not be responsible or liable for the accuracy, now copyright compliance, legality, or hereafter decency of material contained in effect, or accessed through the Services. The Sensor Platform is provided “AS IS” and without any warranty of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to kind from the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by youCompany. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED BY THE COMPANY ON AN "AS “AS-IS" OR "” AND “AS AVAILABLE" BASIS ” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO EQUIPMENT OR WRITTEN) WITH RESPECT TO SERVICES LISTED ON THE SOFTWAREWEBSITE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE, HAVE REASON TO KNOW, HAVE BEEN ADVISEDNON- INFRINGEMENT, OR ARE OTHERWISE AWARE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET USER’S REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE; OR THAT THE QUALITY OF ANY SUCH PURPOSE)EQUIPMENT OR THE USE OF THE SERVICES WILL MEET USER’S EXPECTATIONS. THE COMPANY MAKES NO GUARANTEES, AND (III) WARRANTIES OF NONINFRINGEMENT REPRESENTATIONS OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WARRANTIESCONTENT AVAILABLE THROUGH THE SERVICES.

Warranty Disclaimer. 12.1) We have no special relationship with or fiduciary duty to you. You represent and warrant that: (aacknowledge that we have no duty to take any action regarding: 12.1.1) which users gain access to the Services; 12.1.2) what Content you access via the Services; or 12.1.3) how you may interpret or use the Content. 12.2) You release us from all users authorized by liability for you will abide by having acquired or not acquired Content through the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, ordersServices. We make no representations concerning any Content contained in or accessed through the Services, and other requirementswe will not be responsible or liable for the availability, now accuracy, truthfulness, copyright compliance, or hereafter legality of material or Content contained in effector accessed through the Services. 12.3) The views and opinions of our users are their own and not necessarily representative of the views and opinions of us or our officers, directors, or employees, and we assume no responsibility for the Content, accuracy, or views of any applicable governmental authorityor opinions expressed by such users. 12.4) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED ON AN "AS IS" OR ", "AS AVAILABLE" BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES OF TITLE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY OPERATION ANY COURSE OF LAW, BY REASON OF CUSTOM PERFORMANCE OR USAGE IN THE OF TRADE, BY COURSE ALL OF DEALING OR OTHERWISEWHICH ARE EXPRESSLY DISCLAIMED. WE, INCLUDING ANY AND ALL OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, SPONSORS, AND CONTENT PROVIDERS (COLLECTIVELY “TALLY PARTIES”) DO NOT WARRANT THAT: (I) WARRANTIES OF MERCHANTABILITY, THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) WARRANTIES OF FITNESS ANY DEFECTS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND ERRORS WILL BE CORRECTED; (III) WARRANTIES ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF NONINFRINGEMENT VIRUSES OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.OTHER HARMFUL COMPONENTS; OR

Warranty Disclaimer. You represent 6.1 If Goods and/or Services are defective or are not in substantial conformity with the specifications, subject to the tolerances and warrant that: variations consistent with usual trade practices, Steel Nouveau will replace such with conforming Goods and/or Services provided that (ai) the Client has notified Steel Nouveau of the defect or nonconformity within 48 hours after the delivery or installation of the Goods and/or Services (failure to give such notice constitutes acceptance and an irrevocable waiver of all users authorized by you will abide claims); (ii) the Goods and/or Services have been properly worked or used by the terms of this Agreement; Client, and (biii) you will comply with Steel Nouveau has been given a reasonable opportunity to inspect the Goods and/or Services. The Client may not return, repair, or dispose of any allegedly defective or nonconforming Goods and/or Services without Steel Nouveau’s consent. 6.2 Goods and/or Services found by Steel Nouveau to be defective or not to conform to specifications shall, upon return, be replaced or repaired by Steel Nouveau without any additional charge. 6.3 The Client agrees that no oral or written representation, guaranty or warranty made by Steel Nouveau, its employees, agents, or representatives, other than as expressly set out in these Terms and Conditions, shall be binding on Steel Nouveau. 6.4 The warranty in this Section and in the Warranty Policy is expressly in lieu of all applicable lawsother warranties, regulations, rules, ordersexpressed or implied, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts other obligations or omissions were undertaken by youliabilities on Steel Nouveau’s part. THE SOFTWARE, PREMIUM SUPPORT STEEL NOUVEAU EXPRESSLY EXCLUDES AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, DISCLAIMS ALL OTHER WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS EXPRESSED OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE. CLIENT ACKNOWLEDGES AND AGREES THAT CLIENT TAKES SOLE RESPONSIBILITY FOR THE SELECTION OF AND SPECIFICATIONS FOR THE GOODS AND/OR SERVICES AND THEIR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESPURPOSES INTENDED BY CLIENT.

Warranty Disclaimer. You represent To the maximum extent permitted by applicable laws, the warranty and warrant that: remedies provided in this Agreement and as provided in Attachments (aif any) are the only warranties and remedies provided by Licensor in relation to the Software and/or Services and are exclusive and in lieu of all users authorized by you will abide by other warranties, terms and conditions. EXCEPT AS EXPLICITLY PROVIDED HEREIN, LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE CONTINUOUS, UNINTERRUPTED, ERROR FREE, VIRUS-FREE, OR SECURE ACCESS TO OR OPERATION OF THE SOFTWARE. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE SOFTWARE. Each of the Parties acknowledges and agrees that in entering into this Agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to this agreement or not) other than as expressly set out in this Agreement as a warranty or representation. The only remedy available to it for breach of such warranties or representations shall be for breach of contract under the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary Nothing in this AgreementAgreement shall, you will remain responsible however, operate to limit or exclude any liability for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESfraud.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsYOUR USE OF THE APP IS AT YOUR SOLE RISK, regulationsTO THE EXTENT PERMITTED BY APPLICABLE LAW. WE, rulesAND OUR EMPLOYEES, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT CONTRACTORS AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, AGENTS DISCLAIM ALL WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL IN CONNECTION WITH THE APP AND YOUR USE OF THE APP. WE MAKE NO WARRANTIES OR WRITTEN) WITH RESPECT TO REPRESENTATIONS ABOUT THE SOFTWARE, PREMIUM SUPPORT ACCURACY OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION COMPLETENESS OF LAW, BY REASON OF CUSTOM THE APP OR USAGE IN THE TRADE, BY COURSE OF DEALING ANY CONTENT AND ASSUME NO LIABILITY OR OTHERWISE, INCLUDING RESPONSIBILITY FOR ANY AND ALL (I) WARRANTIES OF MERCHANTABILITYERRORS, MISTAKES, OR INACCURACIES IN THE APP OR SERVICE, (II) WARRANTIES OF FITNESS PERSONAL INJURY OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWPROPERTY DAMAGE, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) WARRANTIES ANY UNAUTHORIZED ACCESS TO OR USE OF NONINFRINGEMENT OUR SERVERS OR CONDITION NETWORK AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR STORED THEREON, (IV) ANY INTERRUPTION OR STOP OF TITLECOMMUNICATION WITH THE APP AND THE TRANSIT AGENCY, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE APP. YOU ACKNOWLEDGE SHOULD USE YOUR BEST JUDGMENT AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESEXERCISE CAUTION AT ALL TIMES WHEN USING THE APP OR THE SERVICES.

Warranty Disclaimer. You represent 9.1 Company represents and warrant that: (a) warrants to Customer that the Services will operate in a manner that conforms in all users authorized by you material respects to the specifications included in the Documentation and that it will abide by provide the terms of Services and perform its other obligations under this Agreement; Agreement in a professional and (b) you workmanlike manner substantially consistent with general industry standards. The foregoing warranties will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authoritynot apply to the extent such breach arises, in your whole or in part, from an Exclusion (as defined in Section 11.2). Provided that Customer notifies Company in writing of the breach within thirty (30) days following performance of this Agreement. Notwithstanding the defective Service(s), specifying the breach in reasonable detail, Company will, as Customer’s sole and exclusive remedy, for any terms breach of the foregoing, re-perform the Services which gave rise to the contrary breach and, if Company is unable to do so, then Customer may terminate this Agreement as set forth in this AgreementSection 7 (Term and Termination) by providing thirty (30) days’ advance written notice to Company. 9.2 EXCEPT AS EXPLICITLY PROVIDED IN SECTION 9.1 OR THE SUPPORT TERMS, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL ALL SERVICES ARE PROVIDED ON AN "“AS IS" OR "” AND “AS AVAILABLE" BASIS ” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWAREKIND TO THE FULLEST EXTENT PERMITTED BY LAW, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREINCLUDING, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWBUT NOT LIMITED TO, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY CUSTOMER FROM COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ANY OBLIGATIONS WITH RESPECT TO STORAGE OF CUSTOMER DATA, INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA. IN ADDITION, COMPANY DISCLAIMS ANY LIABILITY IN CONNECTION WITH (I) CUSTOMER’S CHOICE TO DOWNGRADE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF CONTENT, FEATURES, OR CAPACITY OF SERVICES; AND (II) WARRANTIES CUSTOMER’S USE OF FITNESS OR SUITABILITY FOR CONNECTION TO ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHIRD-PARTY SERVICES.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of Unless Siemens agrees in a separate writing to provide an exception to this Agreement; and (b) you will comply warranty disclaimer with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms respect to the contrary Software Siemens shall be only liable for defects and any violation of property rights as set forth in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent Clause as if such acts or omissions were undertaken by you. follows: YOU ACKNOWLEDGE THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE SOFTWARE IS PROVIDED ON AN "“AS IS" ” AND NEITHER SIEMENS NOR ANY OF THE LICENSORS MAKE ANY REPRESENTATION OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR THE PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR THEIR LICENSOR OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN) WITH RESPECT WRITTEN IN- FORMATION OR ADVICE GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OF IN ANY WAY AFFECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED RE- SULTS AND FOR THE SOFTWAREINSTALLATION, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWUSE, BY REASON OF CUSTOM OR USAGE AND RESULTS OBTAINED FROM IT. THIS EXCLUSION SHALL NOT APPLY IN THE TRADEEVENT OF GROSS NEGLIGENCE, BY COURSE OF DEALING UNLAWFUL INTENT OR INSOFAR AS MANDATORY LAW PROVIDES OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Warranty Disclaimer. You represent a. User expressly acknowledges, agrees, and warrant understands that: (a) all users authorized the Service is merely a venue where Users may act as Practices and/or DCPs; (b) Dentalocum is not a party to any Booking Agreements between Practices and DCPs; (c) Users are not an employee of Dentalocum and that Dentalocum does not, in any way, supervise, direct, or control DCP or DCP Services; (d) Dentalocum will not have any liability or obligations under or related to Booking Agreements or any acts or omissions by you will abide or other Users; (e) Dentalocum has no control over DCPs or DCP Services offered or rendered by the terms of this AgreementDCPs; and (bf) you will comply with all applicable lawsDentalocum makes no representations as to the reliability, regulationscapability, rulesor qualifications of any DCP or the quality, orderssecurity, or legality of any DCP Services, and other requirementsDentalocum disclaims any and all liability relating thereto. b. CARITUDE MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO PROFESSIONAL(S), now or hereafter in effectTHE SERVICE, of any applicable governmental authorityANY DATA PROVIDED BY ANY USER, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. OR THE SOFTWARE, PREMIUM SUPPORT SUBJECT MATTER OF THIS AGREEMENT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS SPECIFICALLY DISCLAIMS ALL WAR•RANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF NONINFRINGEMENT, COMPLIANCE WITH LAW, AND FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE. CLIENT SHALL MAKE NO REPRE•SENTATION, HAVE REASON TO KNOW, HAVE BEEN ADVISEDGUARANTEE, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (IIIWARRANTY CONCERNING PROFESSIONAL(S) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESEXCEPT AS EXPRESSLY AUTHORIZED IN ADVANCE BY CARITUDE IN WRITING.

Warranty Disclaimer. You represent Unless Siemens agrees in a separate writing to provide an exception to this warranty disclaimer with respect to the LICENSED SOFTWARE as provided in the Smart Thermostat RDS120 Product purchased by you, Siemens shall be only liable for defects and warrant that: (any violation of property rights as set forth in this Clause as follows: a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. YOU ACKNOWLEDGE THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE LICENSED SOFTWARE IS PROVIDED ON AN "“AS IS" ” AND NEITHER SIEMENS NOR ANY OF THEIR LICENSORS (IF ANY) MAKE ANY REPRESENTATIONS OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR THEIR LICENSORS OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN) WITH RESPECT WRITTEN INFORMATION OR ADVICE GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE SOFTWAREINSTALLATION, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)USE, AND RESULTS OBTAINED FROM IT. b) Any further rights and remedies than those as per this Clause 8 (IIIin particular Your right to claim damages) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEbased on a defect or a violation of property rights shall be excluded. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESThis exclusion shall not apply in the event of gross negligence, unlawful intent or insofar as mandatory law provides otherwise.

Warranty Disclaimer. 9.1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE, RELATED SERVICES AND THE DOCUMENTATION ARE PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY APPLICABLE LAW. LICENSOR, FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS, EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES, BE THEY EXPRESS OR IMPLIED BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND WITHOUT LIMITATION, ON ITS OWN BEHALF AND THAT OF ITS SUPPLIERS, LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ANY WARRANTIES RELATING TO NON- INTERRUPTION OF USE OR FREEDOM FROM ERRORS, VIRUSES OR BUGS. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF LICENSOR CONCERNING THE SOFTWARE OR THE DOCUMENTATION. TO THE EXTENT AN IMPLIED TERM, CONDITION OR WARRANTY CANNOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE WARRANTY PERIOD. 10.1. The Licensee shall comply with all applicable import and export laws, restrictions, and regulations of any Finland, EU, United States or foreign agency or authority. You will not import or export or re- export or allow the import or export or re-export of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any such laws, restrictions or regulations. 10.2. If the Software is held or identified as export controlled items under any applicable export law, You represent and warrant that: (a) all users authorized by you will abide by that You are not a citizen, or otherwise located within, an embargoed nation and that You are not otherwise prohibited under any applicable export law from receiving the Software. All rights and license to use the Software are granted on condition that such rights are forfeited if You fail to comply with the terms and conditions of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Warranty Disclaimer. You represent and warrant that: If you live in a region that does not permit the disclaimers of warranties or exclusions or limitations of liability set out in section 11 below (a) all users authorized by which may be the case if you are a consumer residing in Quebec), these exclusions or limitations will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsnot apply to you, regulationsbut only insofar as they are not permitted. In such cases, rules, orders, and other requirements, now such exclusions or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms limitations are limited to the contrary in this Agreementfull extent permitted by applicable legislation. ALL INFORMATION (INCLUDING TEXT, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. IMAGES, GRAPHICS, LINKS AND OTHER MATERIAL) ON THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE WEBSITE IS PROVIDED ON AN "“AS IS" OR "” AND “AS AVAILABLE" BASIS WITHOUT .” THE COMPANY, ANY REPRESENTATIONSOF ITS SUBSIDIARIES, WARRANTIESANY MEMBER OF THE BOARD OF DIRECTORS, COVENANTS ITS OFFICERS, PERSONNEL, PARTNERS, VENDOR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM HEREIN, TO THE EXTENT PERMITTED BY LAW, ANY REPRESENTATION, CONDITION OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGSWHETHER LEGAL, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS EXPRESSED OR IMPLIED, ORAL NAMELY ARISING BY LAW OR WRITTEN) WITH RESPECT TO BY STATUTE, OR BY THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISEUSAGE OF TRADE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OF OWNERSHIP, OF NON-INFRINGEMENT OR OF THE OPERATION OF THIS WEBSITE, OF THE CONTENT OR USER CONTENT. NEITHER THE COMPANY OR ANY OF ITS SUBSIDIARIES, A MEMBER OF THE BOARD OF DIRECTORS, ITS OFFICERS, PERSONNEL, PARTNERS, VENDOR LICENSORS AND ALL AFFILIATES WARRANT OR REPRESENT THAT (I) WARRANTIES OF MERCHANTABILITY, THE SITE WILL SATISFY YOUR REQUIREMENTS (II) WARRANTIES OF FITNESS OR SUITABILITY FOR THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION, AT THE RIGHT TIME, WILL BE SECURE AND NOT HAVE ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDERRORS, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NONINFRINGEMENT THE SITE, INCLUDING THE INFORMATION AND MATERIALS ON THIS WEBSITE, WILL BE ACCURATE, COMPLETE, RELIABLE OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESWILL OTHERWISE MEET YOUR REQUIREMENTS.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsEXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE ALL SOFTWARE, PREMIUM DOCUMENTATION, MAINTENANCE AND SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "“AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE ” AND APPDYNAMICS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES REPRESENTATIONS AND REPRESENTATIONS (EXPRESS OR WARRANTIES, EITHER EXPRESS, IMPLIED, ORAL STATUTORY, OR WRITTEN) OTHERWISE WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE ACCESS TO OR OPERATION OF THE SOFTWARE. APPDYNAMICS EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWDOCUMENTATION, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY MAINTENANCE AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDSUPPORT, OR ARE OTHERWISE AWARE OF SERVICES OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY SUCH PURPOSEEND USER OR THIRD PARTY SOFTWARE OR HARDWARE. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. AppDynamics is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and End User acknowledges that the Software and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments, including without limitation, in the operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems, or any other application in which failure of the Software could lead to death or serious bodily injury of a person, or to severe physical or environmental damage (each, a “High Risk Use”). AppDynamics expressly disclaims any express or implied warranty or representation of fitness for High Risk Use. AppDynamics shall not be liable to End User for any loss, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESdamage or harm suffered by End User that is directly or indirectly caused by End User’s unauthorized use of the Software to process Prohibited Data.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN "AS IS" OR AND "AS AVAILABLE" BASIS AND NEITHER WE NOR OUR SUPPLIERS OR SUB-CONTRACTORS MAKE ANY WARRANT IES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR OPERATE UNINTERRUPTED, TIMELY OR ERROR FREE OR THAT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KINDDEFECTS IN THE SERVICES WILL BE CORRECTED. IT IS FURTHER AGREED AND UNDERSTOOD THAT WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT THE ACCURACY OR PROFESSIONAL RE LIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS DATA DOWNLOADED OR IMPLIED, ORAL OTHERWISE OBTAINED OR WRITTEN) WITH RESPECT TO ACQUIRED THROUGH USE OF THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)SERVICES, AND (III) WARRANTIES IT IS HEREBY ACKNOWLEDGED BY EACH CUSTOMER THAT ANY DATA DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH USE OF NONINFRINGEMENT OR CONDITION THE SERVICES ARE TO BE USE D AT SUCH CUSTOMER’S SOLE RISK. THE ENTIRE RISK ASSOCIATED WITH USE OF TITLE. YOU ACKNOWLEDGE THE SERVICES AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHE RESULTS AND INFORMATION DERIVED THEREFROM SHALL BE BORNE SOLELY BY THE CUSTOMER.

Warranty Disclaimer. You represent and warrant thatTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT litsentse xx xxxx õigused, mida ei ole käesolevas dokumendis sõnaselgelt lubatud, on seega kaitstud. Te nõustute ka sellega, et N21-l on vabadus kasutada ja rakendada mistahes viisil Tagasisides sisalduvaid ideid, kontseptsioone, oskusteavet ja tehnoloogiaid xx xxxx mistahes eesmärgil, xxxx et selleks xxxxx xxxx Xxxx või kolmanda isiku nõusolekut, samuti xxxx xxxxx eest Teile või kolmandale isikule mingisugust tasu maksmata. Te mõistate ja tunnustate xx xxxx, et juhul xxx xxxxxx isik esitab Xxxx vastu nõude, et Rakendused (või teie käsutuses või kasutuses olevad Rakendused) rikuvad kolmanda isiku intellektuaalse omandi õigusi, siis on N21-l xx xxxxx ühelgi mobiiliplatvormi operaatoril, ainuvastutus asja uurimise eest, kaitse korraldamise eest, küsimusele lahenduse leidmise eest või intellektuaalse omandi rikkumise nõude suhtes süüst vabastamise eest. 8. Toodetel esitatud väited/nõuded. Te mõistate ja tunnustate, et pärast Rakenduste või Teie käsutuses ja kasutuses olevate Rakenduste osas tuvastatud väidete/nõuete korral on N21 xx xxxxx ükski mobiilioperaator vastutav tegelema väidetega/nõuetega, mis on seotud (kuid ei pruugi piirduda) järgmiste asjaoludega: (ai) tootevastutusega seotud nõuded; (ii) mistahes väide, et Rakendused xx xxxxx kohaldatavatele õigusnormidele; ja/või (iii) nõuded, mis tekivad seoses tarbijakaitsega või sarnaste õigusaktidega. 9. Xxxxxxx ja klienditugi. Te mõistate ja tunnustate, et N21 ei ole xxxxx XXXX raames mingit kohustust pakkuda seoses Rakendustega mistahes tehnilist tuge või hooldust. Me jätame endale õiguse pakkuda teatud tugiteenuseid (kui üldse), mida sooritatakse üksnes Poolte vahel sõlmitud eraldi kirjaliku kokkuleppe alusel. N21 võib otsustada pakkuda enda äranägemise järgi, kuid mitte kohustuslikus korras, mõningaid põhilisi tugiteenuseid (näit. e-posti tugi, uuendused, ajakohastamised või vigade kõrvaldamine). Veelgi enam, Te mõistate ja nõustute, et N21-l (või selleks volitatud äripartneritel) on ainuvastutus pakkuda Rakendustega seotud hooldus- ja tugiteenuseid ning ühelgi mobiiliplatvormi operaatoril ei ole mingit kohustust viia läbi mistahes Rakendustega seotud või N21 nimel teostatavaid hooldus- või tugitöid. NB! Te olete teadlik ja nõustute, et tarbija õigus taganeda sellest veebipõhisest lepingust (XXXX) ei kohaldu digitaalset sisu pakkuvate lepingute puhul, mida ei ole koostatud füüsilisel andmekandjal, pärast xxxx xxx teenuse osutamine on tarbija sõnaselgel nõusolekul juba alanud. 10. Lepingu lõpetamine. Litsents on jõus, kuni see lõpetatakse Teie või N21 poolt. Teie õigused selle litsentsi all users authorized by you will abide by the terms of this Agreement; and tegutseda lõpevad automaatselt ja xxxx eelneva hoiatuseta N21-lt juhul, kui te ei järgi selle litsentsi mistahes tingimust/tingimusi. Litsentsi lõpetamise korral tuleb teil Rakenduste kasutamisest loobuda, hävitada kõik Rakenduste koopiad, nii täielikud kui osalised, ja Rakendused oma mobiilseadmest kustutada või deinstalleerida. 11. Garantiist loobumine. KOHALDATAVATE ÕIGUSAKTIDEGA LUBATUD ULATUSES EDASTATAKSE RAKENDUSI JA NENDE POOLT PAKUTUD VÕI TEOSTATUD TEENUSEID (b„TEENUSED“) you will comply with all applicable laws„NII NAGU NAD ON“ VÕI „SAADAVUSE PIIRES“, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this AgreementXXXX XXXX KÕIGI PROBLEEMIDEGA JA XXXX IGASUGUSE GARANTIITA. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS SEEGA LOOBUB N21 KÄESOLEVAGA IGASUGUSE WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM AND N21 HEREBY DISCLAIMS ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) CONDITIONS WITH RESPECT TO THE SOFTWAREAPPLICATION AND ANY SERVICES, PREMIUM SUPPORT EITHER EXPRESS, IMPLIED OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWSTATUTORY, BY REASON OF CUSTOM INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES CONDITIONS OF MERCHANTABILITY, (II) WARRANTIES OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND FREEDOM FROM PATENT INFRINGEMENT OR SUITABILITY FOR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL 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 PURPOSE (WHETHER MONEY, OR NOT WE KNOWLOSE MONEY, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE AS A RESULT OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEUSING THE APPLICATIONS. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT YOU MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. 12. Limitation of liability. TO THE EXTENT NOT RELIED PROHIBITED BY LAW, IN NO EVENT SHALL N21 (OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL GARANTII ANDMISEST SEOSES RAKENDUSTEGA JA MISTAHES TEENUSTEGA, XXXX XXX OTSESELT KUI KAUDSELT VÕI SEADUSEGA ETTENÄHTUD KORRAS. SEE HÕLMAB KA (KUID MITTE AINULT) TAGATISI JA/VÕI TINGIMUSI, MIS PUUDUTAVAD TURUSTATAVUST, RAHULDAVAT KVALITEETI, SOBIVUST TEATUD EESMÄRGI SAAVUTAMISEKS, TÄPSUST VÕI TEENUSE HÄIRIMATUT KASUTAMIST JA KOLMANDATE ISIKUTE ÕIGUST PATENTI RIKKUDA VÕI MITTE RIKKUDA. N21 EI XXXX TAGATIST SEKKUMISTE PUHUL TEIE RAKENDUSE KASUTAMISE OSAS EGA SELLES OSAS, KAS RAKENDUSE POOLT PAKUTAVAD FUNKTSIOONID VÕI TEENUSED VASTAVAD TEIE OOTUSTELE, KAS RAKENDUST VÕI TEENUSEID VAHENDAV OPERAATOR TÖÖTAB KATKESTUSTE JA HÄIRETETA VÕI KAS RAKENDUSES JA TEENUSTES ILMNEVAD XXXX SAAVAD KÕRVALDATUD. ÜKSKI N21 VÕI TEMA VOLITATUD ESINDAJATE POOLT SUULISELT VÕI KIRJALIKULT EDASTATUD TEAVE VÕI NÕUANNE EI KVALIFITSEERU GARANTIIKS. KUI RAKENDUS VÕI TEENUSED OSUTUVAD PUUDULIKUKS, KATATE TEIE KÕIK VAJALIKUD HOOLDUS- JA PARANDUSKULUD. MÕNED KOHTUALLUVUSED EI VÕIMALDA SEOSES KOHALDATAVATE TARBIJAÕIGUSTEGA VAIKIMISI GARANTIIDE VÄLISTAMIST VÕI PIIRAMIST, SEEGA ÜLALKIRJELDATUD VÄLISTAMINE JA PIIRAMINE EI PRUUGI TEIE PUHUL KEHTIDA. POLE ÜHTKI LUBADUST EGA TAGATIST SELLE KOHTA, ET TEIL ÕNNESTUB RAKENDUSTE KASUTAMISE TULEMUSENA TEATUD SUMMA – VÕI MISTAHES SUMMA – RAHA TEENIDA, EGA KA SELLEKS, ET TE RAHA EI KAOTA. TE MÕISTATE JA NÕUSTUTE, ET MOBIILSIDEVÕRGU OPERAATORITEL EI OLE KOHUSTUST KORVATA RAKENDUSTE OSTUHINDA JA ET OPERAATORITEL EI OLE – KOHALDATAVATE ÕIGUASKTIDE POOLT LUBATUD MAKSIMUMULATUSES – KA MITTE MINGIT MUUD GARANTIIKOHUSTUST SEOSES RAKENDUSEGA JA/VÕI MUUDE NÕUETEGA, KAHJUMIGA, KAHJUDEGA VÕI MUUDE KULUDEGA, MIDA VÕIB SEOSTADA MISTAHES GARANTIITINGIMUSTE MITTETÄIMISEGA. 12. Vastuse piiramine. SELLES ULATUSES, MIS EI OLE KOHALDATAVATE SEADUSTEGA VASTUOLUS, EI OLE N21 (VÕI TEMA SIDUSETTEVÕTTED, TÜTARETTEVÕTTED, AMETNIKUD, AGENDID JA MUUD PARTNERID NING TÖÖTAJAD) MINGIL MÄÄRAL VASTUTAVAD INIMVIGASTUSTEGA SEOTUD, JUHUSLIKE, ERILISTE, KAUDSETE VÕI PÕHJUSLIKE KAHJUDE EEST, XXXXX ARVATUD (XXXX PIIRANGUTETA) KASUMI KAOTUSEST, ANDMETE KAOTUSEST, ÄRIKATKESTUSTEST VÕI MUUDEST KAUBANDUSKAHJUDEST PÕHJUSTATUD KAHJUDE VÕI KAHJUMI EEST, MIS ON ANY WARRANTIES.SEOTUD TEIE RAKENDUSE KASUTAMISEGA VÕI VÕIMETUSEGA SEDA KASUTADA – OLENEMATA KAHJU(DE) PÕHJUSEST JA SÕLTUMATA VASTUTUSE TEOORIAST (LEPINGU ALUSEL, LEPINGU VÄLISELT VÕI MUUL VIISIL) XX XXXX ISEGI JUHUL, KUI N21 ON SELLISTE KAHJUDE VÕIMALUSEST

Warranty Disclaimer. We have no special relationship with or fiduciary duty to you. You represent and warrant that: (a) all acknowledge that we have no duty to take any action regarding which users authorized by gain access to the Services; what Content you will abide by access via the terms of this AgreementServices; and (b) or how you will comply with all applicable laws, regulations, rules, ordersmay interpret or use the Content. We make no representations concerning any Content contained in or accessed through the Services, and other requirementswe will not be responsible or liable for the accuracy, now copyright compliance, or hereafter legality of material or Content contained in effector accessed through the Services. The views and opinions of our hosts and show guests are their own and not necessarily representative of our views and opinions and we assume no responsibility for the Content, accuracy, or views of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized opinions expressed by you to the same extent as if such acts or omissions were undertaken by youhosts. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED ON AN "AS IS" OR ", “AS AVAILABLE" BASIS ” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES OF TITLE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY OPERATION ANY COURSE OF LAW, BY REASON OF CUSTOM PERFORMANCE OR USAGE IN THE OF TRADE, BY COURSE ALL OF DEALING OR OTHERWISEWHICH ARE EXPRESSLY DISCLAIMED. WE, INCLUDING ANY AND ALL OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS THE SERVICES WILL BE SECURE OR SUITABILITY FOR AVAILABLE AT ANY PURPOSE (WHETHER PARTICULAR TIME OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.LOCATION;

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. 4.1 THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND UNIVERSITY OF BERN MAKES NO REPRESENTATIONS OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, ORAL BUT WITHOUT LIMITATION, UNIVERSITY OF BERN MAKES NO REPRESENTATIONS OR WRITTEN) WITH RESPECT TO WARRANTIES OF MERCHANTIBILY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S RE- QUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY'S PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. FURTHERMORE, BERN UNIVERSITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCCURACY, RELIABILITY, OR OTHERWISE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. UNIVERSITY OF BERN WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF, OR FOR ANY CLAIM BY ANY THIRD PARTY, ARISING FROM THE USE OF THE LICENSED SOFTWARE. 4.2 The LICENSEE expressly acknowledges and agrees that the use of the SOFTWARE is at LI- CENSEE's sole risk and to hold harmless and indemnify UNIVERSITY OF BERN, and its affili- ates, employ-ees or partners, from and against any third party claim arising from or in any way re- lated to LI-CENSEE's use of SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.violation of this AGREEMENT or any other actions in connection with the use of SOFTWARE..

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws7.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED LICENSOR PROVIDES THE PRODUCT STRICTLY ON AN "AS IS" OR AND "AS AVAILABLE" BASIS BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KINDKIND AS TO THE PRODUCT’S USE OR PERFORMANCE. 7.2. WE DO NOT WARRANT THAT SOFTWARETO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM THE LICENSOR AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS, AND VENDORS (INCLUDING THIRD PARTY SERVICE PROVIDERS AND RESELLERS) HEREBY DISCLAIM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE(INCLUDING, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWBUT NOT LIMITED TO, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWTITLE, HAVE REASON TO KNOW, HAVE BEEN ADVISEDNON- INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 7.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT OR ANY SERVICES RELATED THERETO (A) ARE OTHERWISE AWARE ACCURATE, RELIABLE, OR CORRECT; (B) WILL MEET THE LICENSEE’S REQUIREMENTS, (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; (D) ARE FREE OF ANY SUCH PURPOSEDEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; (E) ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. 7.4. The Licensee acknowledges and agrees that any information or advice given by the Licensor, its staff, or resellers shall not be deemed to create or in any way increase the scope of the warranties set forth herein and that the Licensee shall not rely on any such information or advice. 7.5. The Licensor further disclaims representations, warranties or assurances that the products are designed for, or suitable for use in: (a) any aircraft or automobile, including any safety or navigation devices related thereto; (b) any life support or other healthcare delivery systems or medical devices; (c) any nuclear facilities; (d) any weapon systems or other military or policing devices; or (e) any other high risk environment or manner that could reasonably be expected to result in personal injury, death or property damage ("high risk use"). The Licensee accepts all disclaimers related to any high risk use and takes sole responsibility for, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESand agrees to indemnify and hold harmless the Licensor and its personnel from any claim arising from, Licensee's high risk use.

Warranty Disclaimer. You represent a. User expressly acknowledges, agrees, and warrant understands that: (a) all users authorized the Service is merely a venue where Users may act as Practices and/or DCPs; (b) Dentalocums is not a party to any Booking Agreements between Practices and DCPs; (c) Users are not an employee of Dentalocums and that Dentalocums does not, in any way, supervise, direct, or control DCP or DCP Services; (d) Dentalocums will not have any liability or obligations under or related to Booking Agreements or any acts or omissions by you will abide or other Users; (e) Dentalocums has no control over DCPs or DCP Services offered or rendered by the terms of this AgreementDCPs; and (bf) you will comply with all applicable lawsDentalocums makes no representations as to the reliability, regulationscapability, rulesor qualifications of any DCP or the quality, orderssecurity, or legality of any DCP Services, and other requirementsDentalocums disclaims any and all liability relating thereto. b. CARITUDE MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO PROFESSIONAL(S), now or hereafter in effectTHE SERVICE, of any applicable governmental authorityANY DATA PROVIDED BY ANY USER, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. OR THE SOFTWARE, PREMIUM SUPPORT SUBJECT MATTER OF THIS AGREEMENT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS SPECIFICALLY DISCLAIMS ALL WAR-RANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF NONINFRINGEMENT, COMPLIANCE WITH LAW, AND FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE. CLIENT SHALL MAKE NO REPRE-SENTATION, HAVE REASON TO KNOW, HAVE BEEN ADVISEDGUARANTEE, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (IIIWARRANTY CONCERNING PROFESSIONAL(S) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESEXCEPT AS EXPRESSLY AUTHORIZED IN ADVANCE BY CARITUDE IN WRITING.

Warranty Disclaimer. We have no special relationship with or fiduciary duty to you. You represent and warrant that: (a) all acknowledge that we have no duty to take any action regarding which users authorized by gain access to the Services; what Content you will abide by access via the terms of this AgreementServices; and (b) or how you will comply with all applicable laws, regulations, rules, ordersmay interpret or use the Content. We make no representations concerning any Content contained in or accessed through the Services, and other requirementswe will not be responsible or liable for the accuracy, now copyright compliance, or hereafter legality of material or Content contained in effector accessed through the Services. The views and opinions of our hosts and show guests are their own and not necessarily representative of our views and opinions and we assume no responsibility for the Content, accuracy, or views of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized opinions expressed by you to the same extent as if such acts or omissions were undertaken by youhosts. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED ON AN "AS IS" OR ", “AS AVAILABLE" BASIS ” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES OF TITLE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY OPERATION ANY COURSE OF LAW, BY REASON OF CUSTOM PERFORMANCE OR USAGE IN THE OF TRADE, BY COURSE ALL OF DEALING OR OTHERWISEWHICH ARE EXPRESSLY DISCLAIMED. WE, INCLUDING ANY AND ALL OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) WARRANTIES OF MERCHANTABILITY, THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) WARRANTIES OF FITNESS ANY DEFECTS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND ERRORS WILL BE CORRECTED; (III) WARRANTIES ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF NONINFRINGEMENT VIRUSES OR CONDITION OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF TITLEUSING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESYOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Warranty Disclaimer. You represent Each party represents and warrant warrants that: (a) all users authorized by you will abide by it is validly existing and in good standing under the terms applicable Laws of the place of its establishment or incorporation; (b) it has full corporate power and authority to execute, deliver and perform its obligations under this Agreement; (c) the person entering into this Agreement on Customer’s behalf has been duly authorized and empowered to enter into this Agreement; (d) this Agreement is valid, binding and enforceable against it in accordance with its terms; and (be) you it will comply perform its obligations and exercise its rights in accordance with all the applicable lawsLaws. You acknowledge and agree that the Services are dependent on availability of and proper performance of Third Party Services, regulations, rules, orderssoftware, and Internet technology (including, but not limited to, Salesforce), and CronSights is not liable for performance issues or downtime of the Service to the extent caused by such technology. You are solely responsible for providing, at your own expense, all network access to the Services (including, but not limited to, acquiring, installing and maintaining all telecommunications equipment, hardware, software and other requirementsequipment as may be necessary to connect to, now or hereafter access and use the Services). In cases of support due to interference by a Third Party Service (including, but not limited to, Salesforce’s availability), CronSights will use reasonable efforts to assist in effect, of any applicable governmental authority, in your performance of accordance with this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. CRONSIGHTS AND ITS SUPPLIERS PROVIDE THE SOFTWARE, PREMIUM SERVICES AND ANY RELATED SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "“AS IS" OR "” AND “AS AVAILABLE" ” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE CRONSIGHTS AND ITS SUPPLIERS DO NOT WARRANT THAT SOFTWARE, PREMIUM ANY OF THE SERVICES OR THE SUPPORT OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED, ERROR-FREE FROM ALL BUGS, ERRORS, OR OMISSIONSCOMPLETELY SECURE. WE DISCLAIM ANY CUSTOMER ACKNOWLEDGES AND ALL OTHER WARRANTIES AGREES THAT: (A) THE SERVICES MAY REQUIRE ACCESS TO AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO USE OF THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.INTERNET;

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsTHE FOREGOING EXPRESS WARRANTIES ARE IN LIEU OF ALL LIABILITIES OR OBLIGATIONS ON THE PART OF RSA. OTHER THAN THE EXPRESS WARRANTIES MADE BY RSA AS SET FORTH IN THIS SECTION 4, regulationsRSA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AS TO ANY MXXXXX XXXXXXXXER, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). YOUR SOLE REMEDY FOR BREACH OF SUCH EXPRESS LIMITED WARRANTIES SHALL BE A CORRECTION, FIX OR WRITTEN) WITH RESPECT REFUND AS SET FORTH IN THIS SECTION 4. This warranty gives You specific legal rights. As some jurisdictions do not allow the exclusion of implied conditions or warranties, statutory or otherwise, the above exclusion may not apply to you, and You may also have other rights that vary from jurisdiction to jurisdiction. You shall direct any and all related warranty issues and subsequent support issues to the party that You licensed or purchased the RSA Products from, unless, in the case of support matters, You have entered into a separate support service contract directly with RSA. You UNDERSTAND THAT, IF you PURCHASED THis PACKAGE FROM AN AUTHORIZED RESELLER OF RSA, such AUTHORIZED RESELLER IS NOT RSA'S AGENT AND IS NOT AUTHORIZED TO THE SOFTWAREMAKE ANY REPRESENTATIONS, PREMIUM SUPPORT CONDITIONS, COVENANTs OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWWARRANTIES, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING STATUTORY OR OTHERWISE, INCLUDING ON RSA'S BEHALF NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. IN ADDITION, you ACKNOWLEDGE THAT, UNLESS OTHERWISE AGREED BY such AUTHORIZED RESELLER IN WRITING OR IF PROHIBITED BY LAW, THE LIMITATIONS OF CONDITIONS AND ALL (I) WARRANTIES OF MERCHANTABILITYWARRANTIES, (II) WARRANTIES OF FITNESS STATUTORY OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)OTHERWISE, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE LIABILITY SET FORTH IN THIS AGREEMENT ALSO APPLY TO AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESBENEFIT SUCH AUTHORIZED RESELLER.

Warranty Disclaimer. You represent 9.1 Playvox represents and warrant that: (a) warrants to Customer that the Services will operate in a manner that conforms in all users authorized by you material respects to the specifications included in the Documentation and that it will abide by provide the terms of Services and perform its other obligations under this Agreement; Agreement in a professional and (b) you workmanlike manner substantially consistent with general industry standards. The foregoing warranties will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authoritynot apply to the extent such breach arises, in your whole or in part, from an Exclusion (as defined in Section 11.2). Provided that Customer notifies Playvox in writing of the breach within thirty (30) days following performance of this Agreement. Notwithstanding the defective Service(s), specifying the breach in reasonable detail, Playvox will, as Customer’s sole and exclusive remedy, for any terms breach of the foregoing, re-perform the Services which gave rise to the contrary breach and, if Playvox is unable to do so, then Customer may terminate this Agreement as set forth in this AgreementSection 7 (Term and Termination) by providing thirty (30) days’ advance written notice to Playvox. 9.2 EXCEPT AS EXPLICITLY PROVIDED IN SECTION 9.1, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT SITE AND PROFESSIONAL ALL SERVICES ARE PROVIDED ON AN "“AS IS" OR "” AND “AS AVAILABLE" BASIS ” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWAREKIND TO THE FULLEST EXTENT PERMITTED BY LAW, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM AND PLAYVOX EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREINCLUDING, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWBUT NOT LIMITED TO, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT PLAYVOX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY CUSTOMER FROM PLAYVOX OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PLAYVOX DISCLAIMS ANY OBLIGATIONS WITH RESPECT TO STORAGE OF CUSTOMER DATA, INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA. IN ADDITION, PLAYVOX DISCLAIMS ANY LIABILITY IN CONNECTION WITH (I) CUSTOMER’S CHOICE TO DOWNGRADE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF CONTENT, FEATURES, OR CAPACITY OF SERVICES; AND (II) WARRANTIES CUSTOMER’S USE OF FITNESS OR SUITABILITY FOR CONNECTION TO ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHIRD-PARTY SERVICES.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by We have no special relationship with or fiduciary duty to You. You acknowledge that We have no duty to take any action regarding: (i) which Users gain access to the terms of this AgreementServices; (ii) what Content You access via the Services; and or (iii) how You may interpret or Use the Content. (b) you will comply with You release us from all applicable laws, regulations, rules, ordersliability for You having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and other requirementswe will not be responsible or liable for the accuracy, now copyright compliance, or hereafter legality of material or Content contained in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to or accessed through the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. Services. (c) THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED ON AN "AS IS" OR ", "AS AVAILABLE" BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT SOFTWARETHE FUNCTIONS, PREMIUM SUPPORT SERVER OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE SOFTWARE CONTAINED IN THE TRADE, BY COURSE OF DEALING SERVICE OR OTHERWISE, INCLUDING ANY AND ALL MATERIALS OR CONTENT CONTAINED THEREIN: (I) WARRANTIES OF MERCHANTABILITYWILL BE SECURE, UNINTERUPPTED OR READILY AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) WARRANTIES OF FITNESS WILL BE ERROR FREE, SERVICED OR SUITABILITY CORRECTED FOR ANY PURPOSE (WHETHER DEFECTS OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, ERRORS THAT MAY OCCUR; OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES IS FREE OF NONINFRINGEMENT VIRUSES OR CONDITION OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF TITLEUSING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESYOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Warranty Disclaimer. You represent and warrant thatEXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, ALL SERVICES ARE PROVIDED “AS IS”, AND, TO THE EXTENT LEGALLY PERMISSIBLE, 1KONNECTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE. FURTHER, 1KONNECTION MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. 1KONNECTION RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITES AND CONTENT PROVIDED ON OR THROUGH THE SITES AT ANY TIME WITHOUT NOTICE. Without limiting the foregoing, we are not responsible or liable for: (a) all users authorized by you will abide by any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the terms Site; (b) the availability of this Agreementtelecommunication services from your provider and access to the Site at any time or from any location; (c) any loss, damage or security intrusion of the telecommunication services; and (bd) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the accuracy, timeliness, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site and Service, including, without limitation, content associated with your use of the Site or Service. You acknowledge and agree that you will comply with all applicable lawsnot hold or seek to hold the 1Konnection Group responsible for the content provided by any third party, regulationsincluding, ruleswithout limitation, ordersany translation thereof, and other requirements, now you further acknowledge and agree that the 1Konnection Group are not a party to any agreement or hereafter in effect, transaction between those using the Service. The 1Konnection Group has no control over and does not guarantee the safety of any applicable governmental authorityagreement or transaction or the truth or accuracy of any Listing or other Content provided on the Site. The content on the Site may contain typographical errors or other errors or inaccuracies, in your performance of this Agreementand may not be complete or current. Notwithstanding 1Konnection reserves the right to correct any terms to the contrary in this Agreementerrors, you will remain responsible for acts inaccuracies, or omissions of all users authorized by you and to the same extent as if change or update information at any time without prior notice to you. 1Konnection will not, however, guarantee that any such acts errors, inaccuracies, or omissions were undertaken by youwill be corrected. THE SOFTWARE1Konnection reserves the right to refuse to provide any aspect of the Service that is based on inaccurate or erroneous information on the Site, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSincluding, WARRANTIESwithout limitation, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWAREincorrect or out-of-date information, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESor for any other lawful reason.

Warranty Disclaimer. You represent Compass represents and warrant that: warrants that (ai) all users authorized by you will abide by the terms of this Agreement; Hardware shall be in good working order when the same is delivered to the Customer and (bii) you will comply with all applicable laws, regulations, rules, orders, Compass and/or the seller of the Hardware is able to deliver good and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms marketable title to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you Hardware to the same extent Customer. Except as if such acts provided above, Customer hereby acknowledges and agrees that Compass makes no additional representation or omissions were undertaken by youwarranty with respect to the condition of the Hardware. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "HARDWARE IS SOLD “AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ” AND “WITH ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY FAULTS” AND COMPASS EXPRESSLY DISCLAIMS ALL OTHER AND MAKES NO WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREANY HARDWARE AND/OR SERVICES PROVIDED HEREUNDER, PREMIUM SUPPORT EXCEPT AS PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) OTHER WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT THE HARDWARE DOES NOT GUARANTEE ANY CRYPTOCURRENCY MINING TIME, AND COMPASS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY PURPOSE (WHETHER CRYPTOCURRENCY MINING TIME LOSS OR MINING REVENUE LOSS THAT MAY BE CAUSED BY DOWNTIME OF ANY PART OR COMPONENT OF THE HARDWARE. COMPASS DOES NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDWARRANT THAT THE HARDWARE WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS OR THAT THE HARDWARE WILL BE UNINTERRUPTED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESERROR FREE.

Warranty Disclaimer. You represent The Content, services, information and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms access to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent Site are provided "as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS ISis" OR "AS AVAILABLE" BASIS and WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO WORLD BOOK DOES NOT WARRANT THAT SOFTWAREANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES THAT DEFECTS WILL BE FREE FROM ALL BUGS, ERRORSCORRECTED, OR OMISSIONS. WE DISCLAIM ANY THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT ACCESS TO THE SOFTWARESITE WILL NOT BE INTERRUPTED, PREMIUM SUPPORT DISCONTINUED OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION ERROR-FREE. WORLD BOOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF LAWTHE USE OF THE SITE IN TERMS OF ITS QUALITY, BY REASON OF CUSTOM OR USAGE IN THE TRADECORRECTNESS, BY COURSE OF DEALING ACCURACY, RELIABILITY, OR OTHERWISE. WORLD BOOK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, INCLUDING CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SITE. WORLD BOOK CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES WORLD BOOK MAKE ANY AND ALL (I) REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON AS TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE THE SECURITY OF ANY SUCH PURPOSE)INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES. Some jurisdictions do not allow the exclusion of implied warranties or conditions. Therefore, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEthe above may not apply to you. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESIn such jurisdictions, all such warranties and conditions are excluded and disclaimed to the full extent permitted by the law.

Warranty Disclaimer. You represent and warrant that: 8.1 For a period of ninety (90) days from the invoice date, NI warrants that (a) all users authorized by you the Software will abide by perform substantially in accordance with the terms of this Agreement; applicable documentation provided with the Software and (b) you the Professional Services will comply with all be performed in a good and workmanlike manner. If NI receives notice of a defect or non-conformance during the applicable lawswarranty period, regulationsNI will, rulesin its sole discretion: (i) repair or replace the affected Software, ordersor (ii) re-perform the affected Professional Services. The above warranty is Customer’s sole and exclusive remedy, and other requirementsNI’s sole and exclusive obligation and liability, now for a warranty claim under this subsection; Provided, however, that NI determines in good faith that the defect is not due to any misuse, abuse, neglect, negligence, or hereafter unauthorized repair of the Software. Any enhancement provided as part of the foregoing remedy will not re- commence the warranty period and is warranted for the remainder of the warranty period as then in effect. 8.2 EXCEPT AS EXPRESSELY PROVIDED HEREIN, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT DOCUMENTATION, AND PROFESSIONAL SERVICES OTHER ITEMS PROVIDED OR MADE AVAILABLE BY NI ARE PROVIDED ON AN "“AS IS" OR "” AND “AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS” BASIS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER EXPRESS, IMPLIED AND STATUTORY CONDIITONS AND WARRANTIES AND REPRESENTATIONS (EXPRESS INCLUDING WITHOUTLIMITATION ANY IMPLIED CONDITIONS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF SATISFACTORY QUALITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE, HAVE REASON TO KNOWTITLE, HAVE BEEN ADVISEDQUIET POSSESSION, NON-INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE OTHERWISE AWARE HEREBY DISCLAIMED. NI DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, COMPLETENESS, OR QUALITY OF THE SOFTWARE, DOCUMENTATION, OR SUCH OTHER ITEMS, OR THAT USE THEREOF WILL BEUNINTERRUPTED, SECURE OR ERROR-FREE. 8.3 NI PRODUCTS ARE NOT DESIGNED OR TESTED FOR USE IN HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEARFACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH PURPOSE)OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE, OR ENVIRONMENTAL HARM. YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS NI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, AND EXPENSES (IIIINCLUDING REASONABLE ATTORNEYS' FEES) WARRANTIES ARISING OUT OF NONINFRINGEMENT YOUR USE OF THE SOFTWARE FOR HIGH-RISK USES, INCLUDING CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY OR CONDITION DEATH, OR DAMAGE TO PROPERTY, AND REGARDLESS OF TITLE. WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART ON THE ALLEGED OR ACTUAL NEGLIGENCE OF NI. 8.4 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE ARE RESPONSIBLE FOR TAKING STEPS TO PROTECT AGAINST PRODUCT AND SYSTEM FAILURES, INCLUDING PROVIDING BACK-UP OR SHUTDOWN MECHANISMS. BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM NI'S TESTING PLATFORMS AND BECAUSE YOU MAY USE NI PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT RELIED ON EVALUATED OR CONTEMPLATED BY NI, YOU ARE ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF NI PRODUCTS FOR YOUR INTENDED USE. YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS NI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY WARRANTIESAND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF YOUR AUTHORIZED APPLICATION OR YOUR INCORPORATION OF THE SOFTWARE IN YOUR SYSTEM OR APPLICATION; PROVIDED, HOWEVER, THAT YOUR CONTRACTUAL OBLIGATION OF INDEMNIFICATION SHALL NOT EXTEND TO THE PERCENTAGE OF THE CLAIMANT'S DAMAGES OR INJURIES OR THE SETTLEMENT AMOUNT ATTRIBUTABLE TO NI’ NEGLIGENCE OR OTHER FAULT OR TO STRICT LIABILITY IMPOSED UPON NI AS A MATTER OF LAW.

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED PRODUCT IS FURNISHED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSBASIS, AND PUBLISHER DISCLAIMS ALL WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR WRITTEN) WITH RESPECT TO THE SOFTWAREOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PREMIUM SUPPORT AND ANY WARRANTIES ARISING BY STATUTE OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF OTHERWISE IN LAW, BY REASON OF CUSTOM EQUITY, OR USAGE IN THE TRADE, BY FROM A COURSE OF DEALING OR OTHERWISEUSAGE OF TRADE. PUBLISHER SPECIFICALLY DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE PRODUCT WILL BE ERROR-FREE, INCLUDING ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; OR THAT ANY AND OR ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS ERRORS OR SUITABILITY DEFECTS IN THE PRODUCT WILL BE CORRECTED. YOU USE THE PRODUCT AT YOUR OWN RISK. NEITHER AUTODESK NOR PUBLISHER SHALL BE LIABLE FOR ANY PURPOSE (WHETHER DAMAGES WHATSOEVER ARISING FROM OR NOT WE KNOWRELATING TO YOUR USE OR INABILITY TO USE THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PUBLISHER OR AUTODESK SHALL CREATE A WARRANTY. SHOULD THE PRODUCT PROVE DEFECTIVE, HAVE REASON TO KNOWYOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, HAVE BEEN ADVISEDREPAIR, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)CORRECTION. Some states and jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESso the above limitations and exclusions may not apply to you.