Common use of Warranty Disclaimers and Limitations of Liability Clause in Contracts

Warranty Disclaimers and Limitations of Liability. AGSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, AND AGSL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; THAT THE WEBSITE OR ANY SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY SITE CONTENT. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF AGSL HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE SERVICE IS PROVIDED “AS-AS IS” AND ”, WITH ALL FAULTS, AND AGSL . WE EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE WEBSITE SERVICE OR ANY SITE CONTENT OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENT, ; AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE SERVICE OR ANY SITE CONTENTOUR PROPERTY. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL US ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINDIRECT, PUNITIVE OR SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE SERVICE OR SITE CONTENTOUR PROPERTY, EVEN IF AGSL HAS WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE PRIOR YEAR (OR, IF YOU ARE A NON-FEE PAYING USER, TO THE AMOUNT OF $10). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE SERVICE IS PROVIDED “AS-AS IS” AND ”, WITH ALL FAULTS, AND AGSL . WE EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE WEBSITE SERVICE OR ANY SITE CONTENT OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENT, ; AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE SERVICE OR OUR PROPERTY. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty. MARIGOLD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE (INCLUDING PEER MODERATORS). YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. XXXXXXXX XXXXXX DISCLAIMS ALL LIABILITY FOR ANY SITE CONTENTACT OR OMISSION OF ANY USERS OF THE SERVICE (INCLUDING PEER MODERATORS) OR THIRD PARTIES. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL US ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINDIRECT, PUNITIVE OR SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE SERVICE OR SITE CONTENTOUR PROPERTY, EVEN IF AGSL HAS WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF $10. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES 6.1 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, THE PARTIES MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, AND AGSL EXPRESSLY DISCLAIMS ANY AND ALL GRANT NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES EITHER IN FACT OR BY OPERATION OF MERCHANTABILITYLAW, FITNESS FOR A PARTICULAR PURPOSEBY STATUTE OR OTHERWISE. 6.2 Any warranty made by [***] to its customers, TITLEusers of its products or any third parties are made by [***] alone and shall not bind Finjan or be deemed or treated as having been made by Finjan, NONINFRINGEMENTand service of any such warranty shall be the sole responsibility of [***]. 6.3 FINJAN SHALL NOT BE LIABLE TO [***], AND ITS AFFILIATES, [***] THIRD PARTIES, RELATED ENTITIES, CUSTOMERS, BUYERS, SELLERS, USERS, DEVELOPERS, MANUFACTURERS, VALUE-ADDED RESELLERS, OEMS, AND/OR DISTRIBUTORS OF ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; THAT THE WEBSITE [***] PRODUCT, OR ANY SITE CONTENT WILL MEET YOUR REQUIREMENTSOTHER THIRD PARTIES, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY SITE CONTENT. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL ANY DIRECT, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES (CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESSWITHOUT LIMITATION, LOSS OF ANY DAMAGE OR INJURY TO BUSINESS EARNINGS, PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), GOODWILL SUFFERED BY ANY PERSON OR OTHERWISE ENTITY ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENTANY USE OF FINJAN’S PATENTS, EVEN IF AGSL HAS BEEN INFORMED OR SHOULD HAVE KNOWN FINJAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO [***] SHALL NOT ALLOW THE LIMITATION BE LIABLE TO FINJAN, ITS AFFILIATES, RELATED ENTITIES, CUSTOMERS, BUYERS, SELLERS, USERS, DEVELOPERS, MANUFACTURERS, VALUE-ADDED RESELLERS, OEMS, AND/OR EXCLUSION DISTRIBUTORS OF WARRANTIES ANY [***] PRODUCT, OR ANY OTHER THIRD PARTIES, FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGE OR INJURY TO BUSINESS EARNINGS, PROFITS OR GOODWILL SUFFERED BY ANY PERSON OR ENTITY ARISING FROM ANY USE OF LIABILITYFINJAN’S PATENTS, SO SOME EVEN IF [***] IS ADVISED OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE SERVICE IS PROVIDED “AS-AS IS” AND ”, WITH ALL FAULTS, AND AGSL . WE EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ALL WARRANTIES RELATED TO THE SERVICE; (B) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (B) THAT THE WEBSITE SERVICE, THE DEVICE OR ANY SITE CONTENT OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR (I) THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, AS INCLUDING BUT NOT LIMITED TO THIRD PARTY SERVICE PROVIDERS, AND (II) THE RESULTS THAT DEVICE, HOW YOU MAY BE OBTAINED FROM USE THE OPERATION OR USE DEVICE, AND ANY EFFECTS OF THE WEBSITE DEVICE ON YOU OR ANY SITE CONTENTTHIRD PARTY. We may pause or interrupt the Service at any time, AND AS TO THE ACCURACY and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty. WE HEREBY DISCLAIM ALL LIABILITY FOR ANY ACT OR RELIABILITY OMISSION OF ANY INFORMATION OBTAINED FROM USERS OF THE WEBSITE SERVICE OR ANY SITE CONTENTTHIRD PARTIES. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL US ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINDIRECT, PUNITIVE OR SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSDATA, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE SERVICE OR SITE CONTENTOUR PROPERTY, EVEN IF AGSL HAS WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE INCLUDING THE DEVICE IN THE PRIOR YEAR (OR, IF YOU ARE A NON- FEE PAYING USER, TO THE AMOUNT OF $10). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES NO REPRESENTATIONS OR WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICE AND ALLOWANCE AND DEBIT CARD ACCOUNTS, INCLUDING, FOR THE AVOIDANCE OF DOUBT, ALL FEATURES PROVIDED AS PART OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE PLAN LEVEL, AND SITE CONTENT PURCHASED ITEMS ARE PROVIDED “AS-AS IS” AND ‘AS AVAILABLE’, WITH ALL FAULTS, AND AGSL . WE EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS EXPRESS, STATUTORY OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM MALICIOUS SOFTWARE OR CODE, COMPUTER VIRUS OR WORM, OR OTHER DISABLING ROUTINE AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE WEBSITE SERVICE OR ANY SITE CONTENT PURCHASED ITEM OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, ; AND (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENTACCURACY, AND AS TO THE ACCURACY COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE SERVICE OR ANY SITE CONTENTPURCHASED ITEM OR OUR PROPERTY EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, NETHER WE NOR ANY OF OUR BANKS, AGENTS, CONTRACTORS, VENDORS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. UNDER We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty. JASSBY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. JASSBY HEREBY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OF THE SERVICE OR THE ALLOWANCE AND DEBIT CARD ACCOUNTS OR THIRD PARTIES.UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL US ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE SERVICE OR SITE CONTENTOUR PROPERTY OR ANY PURCHASED ITEM, EVEN IF AGSL HAS WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY OR ANY PURCHASED ITEM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE AND PURCHASED ITEMS IN THE PRIOR YEAR (OR, IF YOU ARE A NON-FEE PAYING USER, TO THE AMOUNT OF $10). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE SERVICE IS PROVIDED “AS-AS IS” AND ”, WITH ALL FAULTS, AND AGSL . WE EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE WEBSITE SERVICE OR ANY SITE CONTENT OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENT, ; AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE SERVICE OR OUR PROPERTY. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty. MARIGOLD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. MARIGOLD HEREBY DISCLAIMS ALL LIABILITY FOR ANY SITE CONTENTACT OR OMISSION OF ANY USERS OF THE SERVICE OR THIRD PARTIES. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL US ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINDIRECT, PUNITIVE OR SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE SERVICE OR SITE CONTENTOUR PROPERTY, EVEN IF AGSL HAS WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF $10. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES 8.1 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, THE PARTIES MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, AND AGSL EXPRESSLY DISCLAIMS ANY AND ALL GRANT NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES EITHER IN FACT OR BY OPERATION OF MERCHANTABILITYLAW, FITNESS FOR A PARTICULAR PURPOSEBY STATUTE OR OTHERWISE. 8.2 EXCEPT AS SET FORTH IN SECTION 12.1, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; THAT THE WEBSITE OR ANY SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS NO PARTY SHALL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS LIABLE TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OTHER PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR USE OF THE WEBSITE OR OTHERWISE, FOR ANY SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY SITE CONTENT. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL ANY DIRECTSPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSARISING HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS GOODWILL, BUSINESS INTERRUPTIONS AND CLAIMS OF USE)SUPPLIERS, WHETHER BASED ON CONTRACTDISTRIBUTORS, TORT (INCLUDING NEGLIGENCE)CUSTOMERS, LICENSEES, END USERS OF ANY OF THE OTHER PARTY’S PRODUCT, OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENTANY OTHER THIRD PARTIES, EVEN IF AGSL HAS BEEN INFORMED OR SHOULD HAVE KNOWN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO EXCEPT FOR A PARTY’S OBLIGATIONS UNDER SECTIONS 12, AND FINJAN BLUE Confidential Treatment has been requested for portions of this document marked as “[***]”. A complete version of this document has been filed separately with the Securities and Exchange Commission. 8 of 22 BREACH OF SECTION 2.1 OR SECTION 11.3, IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ALL BREACHES OF THIS AGREEMENT, INCLUDING BUT NOT ALLOW THE LIMITATION LIMITED TO BREACH OF REPRESENTATION OR EXCLUSION OF WARRANTIES OR OF LIABILITYWARRANTY UNDER SECTION 7, SO SOME EXCEED ONE HUNDRED PERCENT (100%) OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TOTAL CONSIDERATION PAID BY FINJAN BLUE TO YOUIBM AT THE TIME OF THE BREACH, AS SET FORTH IN SECTION 2.1 UNDER THIS AGREEMENT.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENTIf you have paid all fees due, xxxxxxxx.xxx covenants that it will deliver the Service in accordance with applicable industry standards. THE WEBSITE AND SITE CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTSIn the event of any breach of such covenant, AND AGSL or other failure or defect with respect to the Service, the sole and exclusive remedy of the User, and the sole and exclusive liability of xxxxxxxx.xxx, shall be, at xxxxxxxx.xxx option (a) to re- perform the Service to remedy the defect or failure or (b) to refund the amount paid for the period during which the Service was alleged to be defective. Except as stated in the previous paragraph, xxxxxxxx.xxx and xxxxxxxx.xxx Affiliates make no representations or warranties of any kind regarding the Service and the Site Content, and xxxxxxxx.xxx and xxxxxxxx.xxx Affiliates EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR AND USAGE OF TRADE; THAT THE WEBSITE SERVICE OR ANY THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OPERATION, USE OR USE OTHER EXPLOITATION OF THE WEBSITE SERVICE OR ANY THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE SERVICE OR ANY THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from xxxxxxxx.xxx, any of xxxxxxxx.xxx Affiliates or through the Service or Site Content will create any warranty not expressly stated herein. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL xxxxxxxx.xxx OR xxxxxxxx.xxx AFFILIATES ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINDIRECT, PUNITIVE OR SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE WEB SITE OR SITE CONTENT, EVEN IF AGSL xxxxxxxx.xxx OR xxxxxxxx.xxx AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF xxxxxxxx.xxx AND xxxxxxxx.xxx AFFILIATES FOR ANY AND ALL DAMAGES INCURRED BY YOU SHALL BE THE AMOUNT PAID BY YOU TO xxxxxxxx.xxx FOR THE SERVICE DURING THE PERIOD IN WHICH IT WAS ALLEGED TO BE DEFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimers and Limitations of Liability. AGSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENTIf you have paid all fees due, Mobile United Marketing covenants that it will deliver the Service in accordance with applicable industry standards. THE WEBSITE AND SITE CONTENT ARE PROVIDED “ASIn the event of any breach of such covenant, or other failure or defect with respect to the Service, the sole and exclusive remedy of the User, and the sole and exclusive liability of Mobile United Marketing, shall be, at Mobile United Marketing option (a) to re-IS” AND WITH ALL FAULTSperform the Service to remedy the defect or failure or (b) to refund the amount paid for the period during which the Service was alleged to be defective. Except as stated in the previous paragraph, AND AGSL Mobile United Marketing and Mobile United Marketing Affiliates make no representations or warranties of any kind regarding the Service and the Site Content, and Mobile United Marketing and Mobile United Marketing Affiliates EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR AND USAGE OF TRADE; THAT THE WEBSITE SERVICE OR ANY THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OPERATION, USE OR USE OTHER EXPLOITATION OF THE WEBSITE SERVICE OR ANY THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE SERVICE OR ANY THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Mobile United Marketing, any of Mobile United Marketing Affiliates or through the Service or Site Content will create any warranty not expressly stated herein. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AGSL MOBILE UNITED MARKETING OR MOBILE UNITED MARKETING AFFILIATES ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINDIRECT, PUNITIVE OR SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE WEB SITE OR SITE CONTENT, EVEN IF AGSL MOBILE UNITED MARKETING OR MOBILE UNITED MARKETING AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF MOBILE UNITED MARKETING AND MOBILE UNITED MARKETING AFFILIATES FOR ANY AND ALL DAMAGES INCURRED BY YOU SHALL BE THE AMOUNT PAID BY YOU TO MOBILE UNITED MARKETING FOR THE SERVICE DURING THE PERIOD IN WHICH IT WAS ALLEGED TO BE DEFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.