Common use of Warranty Disclaimers Clause in Contracts

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “"AS-IS.” " YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES DO NOT TAKE RESPONSIBILITIES RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING i. SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND AS TO DEFECTS OR FUNCTIONALITY. THE EQUIPMENT ORIGINAL PURCHASER AND ALL END USERS BEAR ALL RISK AS TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERSOFTWARE, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE HONEYWELL MAKES NO WARRANTIES, IMPLIED OR ACTUAL, REGARDING ANY OF ITS SOFTWARE OR DOCUMENTATION. ii. HONEYWELL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE SECURITY AND FUNCTIONALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS, FIRE, OR OTHERWISE; OR THAT THE PRODUCTS WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. THE ORIGINAL PURCHASER AND ALL END USERS UNDERSTAND THAT PROPERLY INSTALLED AND MAINTAINED PRODUCTS MAY ONLY REDUCE THE RISK OF FIRE, THEFT, PROPERTY DAMAGE OR OTHER EVENTS OCCURRING WITHOUT THE FIRE PRODUCTS, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT SUCH WILL NOT OCCUR OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS NOT MANUFACTURED BY HONEYWELL, SOFTWARE, CONSUMABLE ITEMS OR IMPLIEDITEMS THAT HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE WARRANTY PERIOD (E.G., OFPAPER, AND TAKE ABSOLUTELY PRINTER RIBBONS, LAMPS, BATTERIES), SPARE PARTS, OR SERVICES. THE WARRANTIES, IF ANY, APPLICABLE TO ANY SOFTWARE OR SOFTWARE COMPONENT SHALL BE SOLELY AS STATED IN SUCH OTHER LICENSE AGREEMENT OR DOCUMENT. HONEYWELL MAKES NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR WARRANTIES THAT THE SOFTWARE COMPONENTS OF ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR PRODUCT WILL OPERATE IN CONJUNCTION WITH ANY OTHER ISSUE IN REGARD SOFTWARE OR WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS. THE ORIGINAL PURCHASER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO PROVIDE ANY FORM OF CYBERSECURITY OR DATA PROTECTION RELATING TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE OPERATION OF THE PRODUCTS OR THE NETWORK ENVIRONMENT. THE ORIGINAL PURCHASER FURTHER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO GUARANTEE CONTINUED OPERATION AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN FUNCTIONALITY OF THE EQUIPMENT GIVEN TO USPRODUCTS BEYOND THEIR STATED LIFECYCLE.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. EXCEPT AS EXPLICITLY STATED IN THIS SONIFI LIMITED WARRANTY OR ELSEWHERE IN THE EVENT WE ASSIGN THIS SONIFI SORA AGREEMENT, OUR ASSIGNEE SONIFI DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS MAKE AND WE ARE NOT AN AGENT OF SUPPLIERSPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, COVENANTS, GUARANTEES AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESSTATUTORY, EXPRESS OR IMPLIED, OFWITH RESPECT TO THE HEADEND EQUIPMENT, IN-ROOM EQUIPMENT, LICENSED SOFTWARE, DOCUMENTATION AND TAKE ABSOLUTELY NO RESPONSIBILITY FORASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED REPRESENTATION, COVENANT, GUARANTEE OR WARRANTY: (A) OF CONDITION, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT; (B) ARISING BY USAGE OR TRADE PRACTICES, CONDITIONCOURSE OF DEALING OR COURSE OF PERFORMANCE; (C) THAT THE HEADEND EQUIPMENT, QUALITYTHE IN-ROOM EQUIPMENT, ADEQUACYTHE LICENSED SOFTWARE, TITLETHE DOCUMENTATION AND ASSOCIATED SERVICES WILL BE ERROR FREE, DATA ACCURACYUNINTERRUPTED, SYSTEM INTEGRATIONSECURE FROM THIRD PARTY ATTACK OR FREE OF VIRUSES, FUNCTIONBUGS, WORMS, TROJAN HORSES, MALWARE, CANCELBOTS OR OTHER MALICIOUS CODE; (D) THAT FUNCTIONS AND FEATURES CONTAINED IN THE HEADEND EQUIPMENT, THE IN-ROOM EQUIPMENT, THE DOCUMENTATION OR THE LICENSED SOFTWARE WILL MEET COMPANY’S OR ITS GUESTS’, EMPLOYEES’ AND INVITEES’ NEEDS, REQUIREMENTS OR EXPECTATIONS; AND (E) THAT THE HEADEND EQUIPMENT, THE IN-ROOM EQUIPMENT, THE LICENSED SOFTWARE, THE DOCUMENTATION AND ASSOCIATED SERVICES ARE FREE FROM DEFECTS, INFRINGEMENT FIT TO BE SOLD, WILL PERFORM IN A PARTICULAR MANNER OR SPEED OR TO A PARTICULAR STANDARD OR ANY OTHER ISSUE IN REGARD QUALITY OF SERVICE. IMPORTANT: DO NOT OPEN OR TAMPER WITH ANY OF THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT. OPENING OR TAMPERING WITH A COMPONENT OF THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT MAY CAUSE DAMAGE THAT IS NOT COVERED BY THE SONIFI LIMITED WARRANTY OR MAY CAUSE THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSSTOP FUNCTIONING. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.The specific

Warranty Disclaimers. WE ARE LEASING i. TO THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTDELIVERABLES, INCLUDING WARRANTIES OF NON- ii. BUYER ACKNOWLEDGES THAT PRODUCTS MAY NOT BE INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURES, TIME DELAYS, ERRORS, OR INACCURACIES IN THE EVENT WE ASSIGN THIS AGREEMENTPRODUCTS, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR DATA, OR RELATED OUTPUTS COULD LEAD TO INJURY, ILLNESS, DEATH, BUSINESS INTERRUPTION OR ENVIRONMENTAL DAMAGE, AND BUYER ASSUMES THE INSTALLATION OR PERFORMANCE RISK OF THE EQUIPMENTSAME. SUPPLIER BUYER FURTHER ACKNOWLEDGES THAT THE CYBERSECURITY DELIVERABLES ARE EXPRESSLY EXCLUDED FROM ANY WARRANTY AND THAT ITS ONLY REMEDY IS AS SET FORTH IN SECTION 14 HEREIN. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS THAT ARE NORMALLY CONSUMED IN OPERATION OR WHICH HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE STATED WARRANTY, INCLUDING CONSUMABLE ITEMS (E.G., LIGHTBULBS, BATTERIES, AND STORAGE CAPACITORS), AND SPARE PARTS NOT MANUFACTURED BY HONEYWELL. HONEYWELL MAKES NO WARRANTIES THAT ANY SOFTWARE, INCLUDING EMBEDDED SOFTWARE, WILL OPERATE IN CONJUNCTION WITH ANY OTHER SOFTWARE OR WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS PURCHASED FROM HONEYWELL HEREUNDER (TO THE EXTENT SPECIFIED IN THE DOCUMENTATION). iv. HONEYWELL IS NOT AN AGENT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY ISSUES, PROBLEMS, UNAVAILABILITY, DELAY, DATA LOSS OR DISCLOSURE, OR SECURITY INCIDENTS ARISING FROM OR RELATED TO: (A) CYBERATTACK; (B) THE INTERNET, (C) DATA, SOFTWARE, HARDWARE, SERVICES, TELECOMMUNICATIONS, INFRASTRUCTURE OR NETWORKING EQUIPMENT OR MONITORING NOT PROVIDED BY HONEYWELL, (D) ACTS OR OMISSIONS OF OURS AND WE ARE THIRD PARTIES NOT AN AGENT OF SUPPLIERUNDER HONEYWELL’S CONTROL; (E) BUYER’S OR ANY USER’S NEGLIGENCE, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY (F) THE FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT BUYER OR ANY OTHER ISSUE IN REGARD USER TO THE EQUIPMENTFOLLOW PUBLISHED DOCUMENTATION; (G) MODIFICATIONS OR ALTERATIONS OF PRODUCTS NOT MADE BY HONEYWELL; (H) LOSS OR CORRUPTION OF DATA; (I) UNAUTHORIZED ACCESS VIA BUYER’S CREDENTIALS; OR (J) BUYER’S OR END USER’S FAILURE TO USE COMMERCIALLY REASONABLE ADMINISTRATIVE, ANY ASSOCIATED SOFTWARE PHYSICAL AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TECHNICAL SAFEGUARDS TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USPROTECT ITS SYSTEMS OR DATA OR FOLLOW INDUSTRY-STANDARD SECURITY PRACTICES.

Warranty Disclaimers. WE ARE LEASING (a) Except to the extent set forth in Section 8.1 above, CUSTOMER ACCEPTS THE EQUIPMENT TO YOU SPELLBOOK AI PLATFORM “AS-AS IS.,” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION WITH NO REPRESENTATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESKIND, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONOR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. (b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) RALLY HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (B) RALLY DOES NOT REPRESENT OR WARRANT THAT THE SPELLBOOK AI PLATFORM WILL PRODUCE ACCURATE OR RELEVANT CONTENT FOR THE CUSTOMER, OR OTHERWISE PERFORM WITHOUT INTERRUPTION OR ERROR; (C) RALLY DOES NOT REPRESENT OR WARRANT THAT THE SPELLBOOK AI PLATFORM IS SECURE FROM HACKING OR OTHER ISSUE UNAUTHORIZED INTRUSION, OR THAT CUSTOMER USAGE DATA WILL REMAIN PRIVATE OR SECURE, (D) RALLY DOES NOT REPRESENT THAT THE AI OUTPUTS GENERATED BY THE SPELLBOOK AI PLATFORM WILL BE SATISFACTORY IN REGARD ANY WAY TO CUSTOMER; AND (E) RALLY HAS NO CONTROL OVER OPENAI, OR THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USCONTINUED AVAILABILITY OF OPENAI’S FUNCTIONAL PERFORMANCE OR AI MODELS.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” AGREE THAT YOU HAVE SELECTED SUPPLIER ANY/ALL THIRD PARTY SUPPLIERS AND THE EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERREPRESENTATIONS MADE BY US. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ANY WARRANTIES HEREUNDER ARE LEASING THE EQUIPMENT VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTREPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY HEXAGON OF ANY SUSPECTED DEFECTS IN THE EVENT WE ASSIGN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR TO THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ITS SUPPLIERS DISCLAIM ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OFRELATING TO THE SERVICES, COVERED PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORUPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONAND NON-INFRINGEMENT. HEXAGON DOES NOT WARRANT THAT ANY SERVICES, QUALITYCOVERED PRODUCTS, ADEQUACYAND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS, TITLEAND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SERVICES, DATA ACCURACYCOVERED PRODUCTS, SYSTEM INTEGRATIONAND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, FUNCTION, DEFECTS, INFRINGEMENT THEN HEXAGON DISCLAIMS EXPRESS OR ANY OTHER ISSUE IN REGARD IMPLIED WARRANTIES TO THE EQUIPMENTMAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. HEXAGON MAY SHARE INFORMATION FROM TIME TO TIME RELATED TO ITS EXPECTED DIRECTION, ROADMAP, OR VISION FOR ITS PRODUCTS AND SERVICES, ALL OF WHICH IS SUBJECT TO CHANGE AT ANY ASSOCIATED SOFTWARE TIME IN HEXAGON’S SOLE DISCRETION. CUSTOMER SHOULD NOT RELY UPON STATEMENTS, PRESENTATIONS, OR INFORMATION REGARDING FUTURE FEATURES, FUNCTIONS, OR PRODUCTS FOR ANY PURPOSE IN ABSENCE OF HEXAGON’S FORMAL AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN EXPRESS CONTRACTUAL COMMITMENT TO YOU ANY WARRANTIES IN DELIVER THE EQUIPMENT GIVEN TO USSAME.

Warranty Disclaimers. WE ANY WARRANTIES HEREUNDER ARE LEASING THE EQUIPMENT VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTREPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY INTERGRAPH OF ANY SUSPECTED DEFECTS IN THE EVENT WE ASSIGN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR TO THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ITS SUPPLIERS DISCLAIM ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OFRELATING TO THE SERVICES, COVERED PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORUPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONAND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SERVICES, QUALITYCOVERED PRODUCTS, ADEQUACYAND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS, TITLEAND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SERVICES, DATA ACCURACYCOVERED PRODUCTS, SYSTEM INTEGRATIONAND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, FUNCTION, DEFECTS, INFRINGEMENT THEN INTERGRAPH DISCLAIMS EXPRESS OR ANY OTHER ISSUE IN REGARD IMPLIED WARRANTIES TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USMAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND THE EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENTJUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES DO NOT TAKE RESPONSIBILITIES RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. THE SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF THE SUPPLIER, AND NOTHING THE SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDEROBLIGATION UNDER THIS AGREEMENT. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING A. THIS WARRANTY SUPERSEDES AND REPLACES ANY PREVIOUS WARRANTY MADE OR OFFERED TO THE EQUIPMENT BUYER BY HYPERFORM AND SEADEK, INCLUDING BUT NOT LIMITED TO YOU “AS-ISANY WARRANTY SET FORTH IN ANY OTHER AGREEMENT BETWEEN THE PARTIES HERETO.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE B. HYPERFORM SPECIFICALLY DISCLAIMS ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESKIND, EXPRESS OR IMPLIED, OFNOT SPECIFICALLY SET FORTH IN THIS WARRANTY. OTHER THAN AS SPECIFICALLY SET FORTH IN THIS WARRANTY; (1) THERE ARE NO WARRANTIES ESTABLISHED OR IMPLIES; (2) THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF; (3) NO EXPRESS WARRANTY IS GIVEN; AND (4) NO AFFIRMATION OF FACT OR PROMISE MAKE BY HYPERFORM, AND TAKE ABSOLUTELY BY WORD OR ACTION, SHALL CONSTITUTE A WARRANTY. C. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY. D. EXCEPT FOR THE PROVISIONS SET FORTH IN THIS WARRANTY, NO RESPONSIBILITY FORAGENT, MERCHANTABILITYEMPLOYEE, FITNESS FOR SUBCONTRACTOR, OR REPRESENTATIVE OF HYPERFORM HAS ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR AUTHORITY TO BIND HYPERFORM TO ANY OTHER ISSUE IN REGARD AFFIRMATION, REPRESENTATION, OR WARRANY CONCERNING THE PRODUCT SOLD TO THE EQUIPMENTBUYER. UNLESS AN AFFIRMATION, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSREPRESENTATION OR WARRANTY IS SPECIFICALLY INCLUDED IN THIS WARRANTY, IT SHALL NOT BE ENFORCEABLE BY THE BUYER. E. HYPERFORM MAY, FROM TIME TO TIME, IN THEIR SOLE DISCRETION OFFER TO REPAIR OR REPLACE COVERED PRODUCT IN CERTAIN SPECIFIC SITUATIONS. SO LONG AS YOU SUCH OFFERS BY HYPERFORM, INC, IF MADE, ARE NOT TO BE CONSTRUED AS A WAIVER OF ANY EXCLUSION OR OTHER LIMITATION TO THIS WARRANTY STATED HEREIN, NOR ARE THEY TO BE TO BE CONSTRUED AS A COURSE OF DEALING THAT IN DEFAULT UNDER ANY WAY MODIFIES THE TERMS OF THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USWARRANTY.

Warranty Disclaimers. WE ARE LEASING RENTING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE T HE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER (a) OTHER THAN AS EXPRESSLY SET FORTH HEREIN, MANAGER DISCLAIMS ANY AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS (EXPRESS OR IMPLIED, OFORAL OR WRITTEN) WITH RESPECT TO SERVICES RENDERED OR PRODUCTS PROCURED FOR THE COMPANY OR ITS SUBSIDIARIES, OR ANY PART THEREOF, INCLUDING ANY AND TAKE ABSOLUTELY ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER MANAGER KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. (b) MANAGER MAKES NO RESPONSIBILITY FOREXPRESS OR IMPLIED WARRANTY, MERCHANTABILITYGUARANTY OR REPRESENTATION, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT SUITABILITY OR MERCHANTABILITY REGARDING ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, MATERIALS, SUPPLIES OR SERVICES ACQUIRED FROM VENDORS, SUPPLIERS OR SUBCONTRACTORS. THE COMPANY’S AND ITS SUBSIDIARIES’ EXCLUSIVE REMEDIES WITH RESPECT TO EQUIPMENT, MATERIALS, SUPPLIES OR SERVICES OBTAINED BY MANAGER FROM VENDORS, SUPPLIERS AND SUBCONTRACTORS SHALL BE THOSE UNDER THE VENDOR, SUPPLIER AND SUBCONTRACTOR WARRANTIES, IF ANY, AND MANAGER’S ONLY OBLIGATION, ARISING OUT OF OR IN CONNECTION WITH ANY ASSOCIATED SOFTWARE SUCH WARRANTY OR BREACH THEREOF, SHALL BE TO USE DILIGENT EFFORTS TO ENFORCE SUCH WARRANTIES ON BEHALF OF THE COMPANY, AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTTHE COMPANY (AND ITS SUBSIDIARIES) SHALL HAVE NO OTHER REMEDIES AGAINST MANAGER WITH RESPECT TO EQUIPMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USMATERIALS, SUPPLIES OR SERVICES OBTAINED BY MANAGER FROM ITS VENDORS, SUPPLIERS AND SUBCONTRACTORS.

Warranty Disclaimers. WE EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, THE SYSTEM, ITS INTERFACES, ANY RELATED EQUIPMENT, THE SERVICES AND ANY MATERIALS ARE LEASING THE EQUIPMENT TO YOU PROVIDED “ASAS IS”. PREFECT AND ANY THIRD-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENTPARTY PROVIDERS SPECIFICALLY DISCLAIM, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERWITHOUT LIMITATION, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, OFINCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, NON-INFRINGEMENT OR ANY OTHER ISSUE IN REGARD THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PREFECT MAKES NO REPRESENTATION OR WARRANTY (I) AS TO THE EQUIPMENTSYSTEM OR THE SERVICES; (II) AS TO THE RESULTS TO BE ATTAINED BY CLIENT OR ANY THIRD PARTY FROM THE SERVICES OR FROM ACCESS TO OR USE OF THE SYSTEM; (III) AS TO THE LIFE OF ANY URL USED IN THE SYSTEM; (IV) THAT ACCESS TO THE HOSTING SITE OR THE SERVICES WILL BE UNINTERRUPTED, ANY ASSOCIATED SECURE, COMPLETE, ACCURATE OR ERROR-FREE; OR (V) THAT ALL USES THAT CAN BE MADE OF THE SYSTEM OR SERVICES COMPLY WITH APPLICABLE LAW. CLIENT ACKNOWLEDGES THAT CERTAIN SOFTWARE AND ANY FINANCED ITEMSEQUIPMENT USED BY IT MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OF THE SYSTEM. SO LONG AS YOU ARE THE FOREGOING SHALL NOT IN DEFAULT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER SECTION 5 OF THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. 5.1. We represent and warrant that: (a) we will provide our Platform in accordance with this PAA and any applicable documentation; (b) our performance hereunder will comply at all times with all applicable laws, rules, regulations, and orders, including those relating to privacy and data protection; (c) our Platform will have reasonable security controls in place to prevent the introduction into your systems of any viruses, worms, time bombs, Trojan horses or other harmful, malicious or destructive code; and (d) except for our express suspension or termination rights under the Framework Agreement we will not disable or interfere with your use of or access to our Platform. 5.2. EXCEPT AS OTHERWISE SET FORTH IN THIS PAA OR THE FRAMEWORK AGREEMENT: WE ARE LEASING PROVIDE OUR PLATFORM AND ANY ADDITIONAL PRODUCTS OR SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, AND YOUR ACCESS TO OUR PLATFORM IS NOT GUARANTEED TO RESULT IN ANY DELIVERY REQUESTS; WE DO NOT WARRANT THAT OUR PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS OR LOSSES RESULTING FROM SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT YOUR ACCESS TO OUR PLATFORM. 5.3. WE PROVIDE LEAD GENERATION AND RELATED SERVICES ONLY, AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION ACTIONS OR PERFORMANCE INACTIONS OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES DELIVERY RECIPIENTS WHO MAY REQUEST OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENTACTUALLY RECEIVE DELIVERIES FROM YOU. WE MAKE NO DO NOT SCREEN OR EVALUATE THESE DELIVERY RECIPIENTS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATIONAVAILABILITY, FUNCTIONSAFETY, DEFECTSSECURITY, INFRINGEMENT AND NON-INFRINGEMENT. EXCEPT AS SET FORTH IN THIS PAA OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS FRAMEWORK AGREEMENT, WE ASSIGN EXCLUDE ALL WARRANTIES TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USEXTENT THOSE REGULATIONS ALLOW.

Warranty Disclaimers. WE ARE LEASING YOU AGREE THAT USE OF THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER SERVICES, THE XXXX.XX PLATFORM AND THE EQUIPMENT BASED UPON WEBSITE IS ENTIRELY AT YOUR OWN JUDGMENTRISK. IN THE EVENT WE ASSIGN THIS AGREEMENTSERVICES, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION XXXX.XX PLATFORM, THE WEBSITE AND THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER“AS AVAILABLE” BASIS, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WITHOUT ANY WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, KIND. ALL EXPRESS AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, OFWITHOUT LIMITATION, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONNON-INFRINGEMENT OF PROPRIETARY RIGHTS, QUALITYAND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ADEQUACYXXXX.XX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ACCESSED THROUGH OR ADVERTISED ON THE WEBSITE, TITLETHE XXXX.XX PLATFORM OR SERVICES, DATA ACCURACYOR ACCESSED THROUGH ANY LINKS THEREFROM. XXXX.XX DOES NOT GUARANTEE OR ASSUME ANY RESPONSIBILITY OR LIABILITY THAT THE SERVICES, SYSTEM INTEGRATIONTHE XXXX.XX PLATFORM AND THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, FUNCTIONDELAY OR ERRORS. XXXX.XX DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. A number of factors may impact the quality of your communications and use of the Services, DEFECTSthe Website and the Xxxx.xx Platform and may result in the failure of your communications including, INFRINGEMENT without limitation, for example, your use of Shippers or other third party software, your local network, firewall, your internet service provider, the public internet and your power supply. XXXX.XX TAKES NO RESPONSIBILITY FOR ANY DISRUPTION, INTERRUPTION OR DELAY CAUSED BY ANY FAILURE OF OR INADEQUACY IN ANY OF THESE ITEMS OR ANY OTHER ISSUE IN ITEMS OVER WHICH WE HAVE NO CONTROL. YOU FURTHER ACKNOWLEDGE THAT XXXX.XX IS NOT RESPONSIBLE AND HAS NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANYONE OTHER THAN XXXX.XX. YOU ACKNOWLEDGE THAT THE SERVICES AND DATA ARE HOSTED ON A THIRD PARTY HOSTING FACILITY, AND THAT XXXX.XX SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION TO THE SERVICES OR LOSS OF DATA WHICH IS CAUSED BY SUCH THIRD PARTY HOSTING FACILITY. XXXX.XX MAY CHANGE THE THIRD PARTY HOSTING PROVIDER OR ITS LOCATION, FROM TIME TO TIME, AT ITS SOLE DISCRETION. YOU FURTHER ACKNOWLEDGE THAT XXXX.XX IS NOT A BACKUP OR STORAGE SERVICE, AND THAT XXXX.XX SHALL HAVE NO LIABILITY TOWARDS YOU WITH REGARD TO ANY LOSS OR DESTRUCTION OF USER DATA DURING THE EQUIPMENTRETENTION PERIOD. YOU ACKNOWLEDGE THAT XXXX.XX DOES NOT WARRANT OR GUARANTY THE SECURITY OF THE WEBSITE, THE XXXX.XX PLATFORM OR OF COMMUNICATIONS MADE USING THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM XXXX.XX OR THROUGH THE WEBSITE AND/OR THE XXXX.XX PLATFORM WILL CREATE ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSWARRANTY NOT EXPRESSLY MADE HEREIN. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTYou are solely responsible for all of your communications and interactions with other Users of the Xxxx.xx Platform and with other persons with whom you communicate or interact as a result of your use of the Xxxx.xx Platform. For example, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USUsers may participate in a user-to-user forum. You understand that Xxxx.xx does not screen or inquire into the background of any users of the Xxxx.xx Platform, nor does Xxxx.xx make any attempt to verify the statements of Users. Xxxx.xx makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users of the Xxxx.xx Platform. You should not provide your financial information (e.g. your credit card or bank account information) to other Users.

Warranty Disclaimers. WE ARE LEASING EXCEPT FOR THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER LIMITED WARRANTIES SET FORTH IN THIS LIMITED WARRANTY SECTION, CYBERBIT PROVIDES THE PRODUCT, THE COTS AND THE EQUIPMENT BASED UPON PROFESSIONAL SERVICES “AS IS”, AND YOUR USE OF THE PRODUCT IS AT YOUR OWN JUDGMENTRISK. IN CYBERBIT, ITS LICENSORS AND AFFILIATES HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR PRODUCT AND/OR THE INSTALLATION SERVICES AND/OR PERFORMANCE ANY RELATED DOCUMENTATION AND/OR LICENSES AND/OR COTS AND/OR ANY RESULTS FROM THE USE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT PRODUCT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONPERFORMANCE OF THE PRODUCT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND TITLE, SATISFACTORY QUALITY, ADEQUACYSUITABILITY, TITLEACCURACY OR COMPLETENESS. CYBERBIT MAKES NO WARRANTY REGARDING NON-INTERRUPTION OF USE, DATA ACCURACYFREEDOM FROM BUGS OR VIRUSES OR ERRORS IN CODE, SYSTEM INTEGRATIONNON-INTRUSION DUE TO HACKING OR OTHER SIMILAR MEANS OF UNAUTHORIZED ACCESS, FUNCTIONUNINTERRUPTED OR ERROR-FREE OPERATION OF THE PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT MAY NOT REFLECT REAL-WORLD SITUATIONS, DEFECTSAND ITS USE THEREOF SHALL NOT BE RELIED UPON AS ADVICE OR EVIDENCE FOR REAL-WORLD SITUATIONS. THE FOREGOING ARE ESSENTIAL TERMS OF THIS AGREEMENT AND, INFRINGEMENT IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO CYBERBIT, ITS AFFILIATES, LICENSORS AND SUPPLIERS, FOR ANY OTHER ISSUE REASON, THEN THE LICENSE AND ALL RIGHTS TO ACCESS OR USE THE PRODUCT SHALL TERMINATE IMMEDIATELY. CYBERBIT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF WHATEVER NATURE SUFFERED BY YOU AND ARISING OUT OF, OR IN REGARD TO THE EQUIPMENTCONNECTION WITH, ANY ASSOCIATED SOFTWARE AND ACT, OMISSION, MISREPRESENTATION OR ERROR MADE BY YOU OR ON YOUR BEHALF OR ARISING FROM ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USCAUSE BEYOND CYBERBIT’S CONTROL.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE WEB SERVICES ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH THE WEB SERVICES. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A THE SERVICE PROVIDER AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THE WEB SERVICES, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON- INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SERVICE PROVIDERS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE WEB SERVICES: (A) WILL BE SECURE, CONDITIONTIMELY, QUALITYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, ADEQUACY, TITLE, DATA ACCURACYSOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, CUSTOMERACKNOWLEDGES AND AGREES THAT RESULTS HAS NO CONTROL OVER THE INTERNET, AND THAT RESULTS IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN PORTION OF THE EQUIPMENT GIVEN TO USINTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENTEXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERNEITHER CORELIGHT NOR ITS SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTORS, RESELLERS, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL LICENSORS MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS ANY WARRANTY OF ANY CLAIM KIND REGARDING THE OFFERINGS, WHETHER EXPRESS, IMPLIED, STATUTORY OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTUREROTHERWISE, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CORELIGHT MAKES NO WARRANTY THAT THE OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, MEET CUSTOMER’S REQUIREMENTS, BE SECURE OR ERROR FREE, OR ACHIEVE ANY ASSOCIATED SOFTWARE INTENDED RESULT. CUSTOMER UNDERSTANDS AND ANY FINANCED ITEMSAGREES THAT INFORMATION TECHNOLOGY SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT CORELIGHT DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN CUSTOMER’S NETWORK. SO LONG AS YOU THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN DEFAULT UNDER THIS AGREEMENTAPPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, WE ASSIGN TO YOU SEVERE INJURY OR PROPERTY DAMAGE. OFFERINGS PROVIDED FREE OF CHARGE AND BETA SERVICES ARE PROVIDED “AS IS,” AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USWARRANTY WHATSOEVER.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENTEXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS NEITHER PARTY MAKES ANY WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND, LICENSOR OR MANUFACTURERWHETHER EXPRESS, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFSTATUTORY OR OTHERWISE (IN FACT OR BY OPERATION OF LAW), REGARDING THE SERVICES, PROFESSIONAL SERVICES, OR ANY MATTER WHATSOEVER; AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR(B) STANDARDS DIGITAL AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES OR ANY PROFESSIONAL SERVICES ARE OR WILL BE ERROR-FREE, MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULTS, OR BE TIMELY OR SECURE. STANDARDS DIGITAL AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, PURPOSE AND NON-INFRINGEMENT OR ANY OTHER ISSUE IN REGARD WITH RESPECT TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE SERVICES AND ANY FINANCED ITEMSPROFESSIONAL SERVICES, AND CUSTOMER HAS NO RIGHT TO MAKE OR PASS ON TO ANY THIRD PARTY ANY REPRESENTATION OR WARRANTY BY STANDARDS DIGITAL. SO LONG AS YOU THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET OR ELECTRONIC COMMUNICATIONS. STANDARDS DIGITAL IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE, LOSS OR LIABILITY RESULTING FROM SUCH PROBLEMS NOT CAUSED BY STANDARDS DIGITAL. CUSTOMER AGREES THAT ITS SUBSCRIPTION TO THE SERVICES AND FEES DUE OR PAID UNDER THIS AGREEMENT ARE NOT NEITHER CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, NOR BASED ON ANY ORAL OR WRITTEN COMMENTS REGARDING ANY FUTURE FUNCTIONALITY OR FEATURES. MORE GENERALLY, IN DEFAULT UNDER ENTERING INTO THIS AGREEMENT, WE ASSIGN TO YOU NEITHER PARTY IS RELYING ON ANY WARRANTIES OTHER COMMITMENTS, STATEMENTS OR OTHER MATTERS NOT EXPRESSLY ADDRESSED IN THE EQUIPMENT GIVEN TO USTHIS AGREEMENT, AN ORDER FORM OR AN SOW.

Warranty Disclaimers. WE ARE LEASING OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 7, NEITHER COMPANY NOR ITS DISTRIBUTORS MAKES ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO CLIENT OR ANY OTHER PARTY WITH RESPECT TO THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND SOFTWARE, THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN USER MATERIAL, OR ANY SERVICES OR WORKS OF AUTHORSHIP PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, OUR ASSIGNEE DOES WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OF CONDITION OR MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE ALL EXPRESSLY EXCLUDED AND DISCLAIMED. NEITHER COMPANY NOR ITS DISTRIBUTORS PROVIDE ANY WARRANTY REGARDING ANY THIRD PARTY SOFTWARE AND/OR HARDWARE NOT TAKE RESPONSIBILITIES MANUFACTURED BY COMPANY. FURTHERMORE, CLIENT AGREES THAT, EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER COMPANY NOR ITS DISTRIBUTORS WILL BE RESPONSIBLE FOR THE INSTALLATION ANY THIRD PARTY SOFTWARE, THIRD PARTY SERVICES AND/OR PERFORMANCE HARDWARE IT PROVIDES TO CLIENT. IF ANY PROBLEM, OPERATIONAL FAILURE OR ERROR OF THE EQUIPMENTSOFTWARE HAS RESULTED FROM ANY ALTERATION OF THE SOFTWARE, ACCIDENT, ABUSE OR MISAPPLICATION, THEN, AT COMPANY’S SOLE OPTION, ANY WARRANTY MADE SHALL BE NULL AND VOID. SUPPLIER IS CLIENT ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND SERVICES MAY NOT AN AGENT OF OURS BE RELIED UPON TO PERFORM MEDICAL DIAGNOSTIC FUNCTIONS OR TO SET TREATMENT PROCEDURES. WHEN USING THE SOFTWARE, DOCUMENTATION, SUPPORT AND WE SERVICES, CLIENT AND ITS AUTHORIZED USERS (E.G. EMPLOYEES) ARE NOT AN AGENT OF SUPPLIERSOLELY RESPONSIBLE FOR EXERCISING DUE CARE AND USING THEIR INDEPENDENT PROFESSIONAL JUDGMENT WITH REGARD TO PATIENT EXAMINATION, DIAGNOSIS AND NOTHING SUPPLIER STATES TREATMENT. NEITHER COMPANY NOR ITS DISTRIBUTORS ASSUME ANY RESPONSIBILITY FOR CLIENT’S ACTIONS WHICH MAY RESULT IN ANY LIABILITY OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERDAMAGES DUE TO MALPRACTICE, LICENSOR OR MANUFACTURERFAILURE TO WARN, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT NEGLIGENCE OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USBASIS.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE LEASING THE EQUIPMENT TO YOU PROVIDED “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER”, AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. YOU WILL MAKE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THIS SITE OR PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORSERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, CONDITIONITS PRODUCTS, QUALITYSERVICES, ADEQUACYAND/OR CONTENT: (A) WILL BE SECURE, TITLETIMELY, DATA ACCURACYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE THE ABOVE LIMITATIONS MAY NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN APPLY TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USYOU.

Warranty Disclaimers. WE ARE LEASING EACH OF LESSOR, EACH CERTIFICATE HOLDER, EACH LENDER, THE ADMINISTRATIVE AGENT AND THE COLLATERAL AGENT AS APPLICABLE DEMISE, LEASE AND FINANCE THE ITEMS OF EQUIPMENT TO YOU “HEREUNDER AS-IS.” YOU HAVE SELECTED SUPPLIER IS AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. WHERE-IS WITH ALL FAULTS IF ANY AND IN THE EVENT WE ASSIGN THIS AGREEMENTWHATEVER CONDITION THEY MAY BE IN AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, OFAS TO THE DESIGN, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORCONDITION, QUALITY, CAPACITY, MERCHANTABILITY, DURABILITY, SUITABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR QUALIFICATION FOR ANY PARTICULAR TRADE OR ANY OTHER ISSUE MATTER CONCERNING, THE ITEMS OF EQUIPMENT. LESSEE HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN REGARD TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, ANY CERTIFICATE HOLDER, ANY LENDER, THE TRUST COMPANY, THE ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO THE EQUIPMENTEXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BY LESSEE'S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER. LESSOR HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST ANY CERTIFICATE HOLDER, ANY ASSOCIATED SOFTWARE AND LENDER, THE TRUST COMPANY, THE ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTLOSS, WE ASSIGN DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO YOU THE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BY LESSOR'S LOSS OF USE THEREOF FOR ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USREASON WHATSOEVER.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. YOU WILL MAKE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THIS SITE OR PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORSERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON- INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, CONDITIONITS PRODUCTS, QUALITYSERVICES, ADEQUACYAND/OR CONTENT: (A) WILL BE SECURE, TITLETIMELY, DATA ACCURACYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE THE ABOVE LIMITATIONS MAY NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN APPLY TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USYOU.

Warranty Disclaimers. WE ARE LEASING i. SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND AS TO DEFECTS OR FUNCTIONALITY. THE EQUIPMENT ORIGINAL PURCHASER AND ALL END USERS BEAR ALL RISK AS TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERSOFTWARE, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE HONEYWELL MAKES NO WARRANTIES, IMPLIED OR ACTUAL, REGARDING ANY OF ITS SOFTWARE OR DOCUMENTATION. ii. HONEYWELL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE SECURITY AND FUNCTIONALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS, FIRE, OR OTHERWISE; OR THAT THE PRODUCTS WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. THE ORIGINAL PURCHASER AND ALL END USERS UNDERSTAND THAT PROPERLY INSTALLED AND MAINTAINED PRODUCTS MAY ONLY REDUCE THE RISK OF FIRE, THEFT, PROPERTY DAMAGE OR OTHER EVENTS OCCURRING, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT SUCH WILL NOT OCCUR OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS NOT MANUFACTURED BY HONEYWELL, SOFTWARE, CONSUMABLE ITEMS OR IMPLIEDITEMS THAT HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE WARRANTY PERIOD (E.G., OFPAPER, AND TAKE ABSOLUTELY PRINTER RIBBONS, LAMPS, BATTERIES), SPARE PARTS, OR SERVICES. THE WARRANTIES, IF ANY, APPLICABLE TO ANY SOFTWARE OR SOFTWARE COMPONENT SHALL BE SOLELY AS STATED IN SUCH OTHER LICENSE AGREEMENT OR DOCUMENT. HONEYWELL MAKES NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR WARRANTIES THAT THE SOFTWARE COMPONENTS OF ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR PRODUCT WILL OPERATE IN CONJUNCTION WITH ANY OTHER ISSUE IN REGARD SOFTWARE OR WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS. THE ORIGINAL PURCHASER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO PROVIDE ANY FORM OF CYBERSECURITY OR DATA PROTECTION RELATING TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE OPERATION OF THE PRODUCTS OR THE NETWORK ENVIRONMENT. THE ORIGINAL PURCHASER FURTHER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO GUARANTEE CONTINUED OPERATION AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN FUNCTIONALITY OF THE EQUIPMENT GIVEN TO USPRODUCTS BEYOND THEIR STATED LIFECYCLE.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE LEASING THE EQUIPMENT TO YOU PROVIDED “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER”, AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. YOU WILL MAKE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THIS SITE OR PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORSERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, CONDITIONITS PRODUCTS, QUALITYSERVICES, ADEQUACYAND/OR CONTENT: (A) WILL BE SECURE, TITLETIMELY, DATA ACCURACYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY OUTAGES DUE TO GOOGLE OR IOS DISCONNECTING THE APPLICATION OR IF GOOGLE OR IOS RESTRICTS YOUR INDIVIDUAL USER ACCOUNTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, INFRINGEMENT ERROR-FREE, OR 100% SECURE. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE THE ABOVE LIMITATIONS MAY NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN APPLY TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USYOU.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. EXCEPT AS EXPRESSLY CONTAINED IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE, COMMON LAW OR IMPLIEDIN ANY OTHER WAY, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR INCLUDING ANY PARTICULAR PURPOSE, CONDITION, IMPLIED WARRANTIES AS TO QUALITY, ADEQUACYPERFORMANCE, TITLE, DATA ACCURACYNONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE, ARE EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. XXXXXXXX-XXXXXX DOES NOT WARRANT THAT THE SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT WILL MEET THE REQUIREMENTS OF CUSTOMER OR ANY OTHER ISSUE IN REGARD USERS OR THAT THE OPERATION OR USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE. WHILE XXXXXXXX- XXXXXX SHALL USE ITS REASONABLE EFFORTS TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT MEET DEADLINES FOR PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, WE ASSIGN TO YOU TIME FOR SUCH PERFORMANCE SHALL NOT BE OF THE ESSENCE OF THIS AGREEMENT AND XXXXXXXX-XXXXXX SHALL NOT BE LIABLE FOR ANY WARRANTIES LOSS OR DAMAGE CAUSED BY DELAY IN THE EQUIPMENT GIVEN TO USPERFORMANCE UNDER THIS AGREEMENT.

Warranty Disclaimers. WE Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, Panacea makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEOR NON-INFRINGEMENT ARE LEASING THE EQUIPMENT SPECIFICALLY DISCLAIMED. NEITHER PANACEA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO YOU “AS-IS.” YOU ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE BEEN ADVISED OF THE EQUIPMENTPOSSIBILITY OF SUCH DAMAGES. SUPPLIER THIS DISCLAIMER IS NOT AN AGENT APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF OURS AND WE ARE NOT AN AGENT PANACEA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT USER INFORMATION THROUGH THEFT OR ANY OTHER ISSUE MEANS. PANACEA IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN REGARD NO EVENT WILL PANACEA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL PANACEA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN CONNECTION WITH USE OF THE EQUIPMENT GIVEN TO USSITE.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. YOU WILL MAKE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THIS SITE OR PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORSERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, CONDITIONITS PRODUCTS, QUALITYSERVICES, ADEQUACYAND/OR CONTENT: (A) WILL BE SECURE, TITLETIMELY, DATA ACCURACYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The use of this website or any communications through this website, INFRINGEMENT including email, shall not constitute a binder or title insurance commitment by our company or its underwriters to insure a particular title or titles. A binder or title insurance commitment can only be issued in writing by the issuing of a title commitment number after we have specifically agreed to handle the transaction and a complete title examination has been completed. Title insurance products are subject to terms, conditions and exclusions not described on this Web site. Statements on this website as to policies and coverages and other content provide general information only and we provide no warranty as to their accuracy. Clients should consult with their licensed agent as to how these coverages pertain to their individual situation. Any hypertext links to other sites or vendors are provided as a convenience only. We have no control over those sites or vendors and cannot, therefore, endorse nor guarantee the accuracy of any information provided by those sites or the services provided by those vendors Information provided on this website does not constitute professional advice. If you have legal, tax or financial planning questions, you need to contact a qualified professional. We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog or social media posts on this site or affiliated social media sites regarding our website, its products or services. For this reason, if others post "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical. We provide links to other sites from this website for your convenience. We do not endorse these sites and they are not under our authority. We are not responsible for the information these linked sites provide or for the use you make of them. All trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners. Any rights not expressly granted herein are reserved. This site is not intended to create an attorney-client relationship, and no attorney-client relationship will be created or legal advice given through your use of this site, its services and content. No special relationship or privilege exists between you and this site. You will be representing yourself in any legal matter you undertake as a result of your use of this site, its services and content. This site provides (i) articles, newsletters, and content for informational purposes only. In the process of providing this information, this site is engaged in the publication of information regarding legal issues commonly encountered. This site is not a substitute for the advice of an attorney. This site does not review any of your answers to questions for sufficiency, provide legal advice, or analyze applicable law and apply it to your specific requirements. Accordingly, if you need legal advice for a specific issue, or if your specific matter is too complex to be addressed by our automated software tool, you are advised to seek the advice of an attorney. Sensitive or confidential information should not be sent via an email message due to the lack of security or procedures in place to prevent tampering or interception. Communication with us via this website or email, may not be treated as privileged or confidential. The receipt of any such communication will not create any legal right and such communication will not create an attorney-client relationship. . THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE THE ABOVE LIMITATIONS MAY NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN APPLY TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USYOU.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “"AS-IS.” " YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES DO NOT TAKE RESPONSIBILITIES RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL ARE UNCONDITIONALLY OBLIGATED TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING TO THE EQUIPMENT TO YOU “AS-MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KLIPME APPLICATION IS PROVIDED 'AS IS.” YOU HAVE SELECTED SUPPLIER ', 'AS AVAILABLE', 'WITH ALL FAULTS' AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE WITHOUT WARRANTY OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERANY KIND, AND NOTHING SUPPLIER STATES KLIPME HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KLIPME APPLICATION, EITHER EXPRESS, IMPLIED OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ANY CLAIM COMPLETENESS, EXHAUSTIVENESS, ACCURACY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURERNON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY FAILURE IMPLIED WARRANTIES OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF SUITABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE. XXXXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE KLIPME APPLICATION, CONDITIONTHAT THE KLIPME APPICATION WILL MEET YOUR REQUIREMENTS, QUALITYTHAT THE OPERATION OF THE KLIPME APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES THAT DEFECTS IN THE EQUIPMENT GIVEN TO USKLIPME APPLICATION WILL BE CORRECTED, THAT THE KLIPME APPICATION WILL BE FREE FROM CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. Any material accessed, downloaded or otherwise obtained through the use of the Klipme Application, is accessed at your own discretion and risk, and you will be solely responsible for and hereby irrevocably waive and release Klipme and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any damage to your Internet access and/or loss of data that results from the download of any such material. Klipme provides all technical support on an 'as is' basis, and does not make any representation or warranty of any as to such support and/or the reliability, quality, accuracy, availability thereof, or its ability to meet your needs, provide certain outputs or achieve certain results. Klipme makes no guarantee of confidentiality or privacy of any communication or information transmitted through the use of the Application.. You understand and agree that no data transmission over the Internet or information storage technology can be guaranteed to be completely secure, and Klipme expressly disclaims any warranties, express or implied, to that effect. Nothing generated by Klipme Application, whether Deliverables or otherwise, whether oral or written, obtained by you from us through the Klipme Application or otherwise, shall create any warranty, representation or guarantee not expressly stated in these Terms of Use. 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 (or any part thereof) may not apply to you.

Warranty Disclaimers. WE ARE LEASING A. THIS WARRANTY SUPERSEDES AND REPLACES ANY PREVIOUS WARRANTY MADE OR OFFERED TO THE EQUIPMENT BUYER BY HYDRANAUTICS, INCLUDING BUT NOT LIMITED TO YOU “AS-ISANY WARRANTY SET FORTH IN ANY OTHER AGREEMENT BETWEEN THE PARTIES HERETO.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE B. HYDRANAUTICS SPECIFICALLY DISCLAIMS ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESKIND, EXPRESS OR IMPLIED, OFNOT SPECIFICALLY SET FORTH IN THIS WARRANTY. OTHER THAN AS SPECIFICALLY SET FORTH IN THIS WARRANTY: (1) THERE ARE NO WARRANTIES ESTABLISHED OR IMPLIED; (2) THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF; (3) NO EXPRESS WARRANTY IS GIVEN; AND (4) AND NO AFFIRMATION OF FACT OR PROMISE MADE BY HYDRANAUTICS, AND TAKE ABSOLUTELY BY WORD OR BY ACTION, SHALL CONSTITUTE A WARRANTY. C. THE WARRANTY OF MERCHANTABILITY IS EXPRESSLY EXCLUDED FROM THIS WARRANTY. D. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN ATTACHMENT “A” HERETO, NO RESPONSIBILITY FOR, MERCHANTABILITY, WARRANTY IS MADE FOR THE FITNESS OF THE COVERED PRODUCT FOR ANY PARTICULAR PURPOSE. E. EXCEPT FOR THE PROVISIONS SET FORTH IN THIS WARRANTY, CONDITIONNO AGENT, QUALITYEMPLOYEE, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR REPRESENTATIVE OF HYDRANAUTICS HAS ANY AUTHORITY TO BIND HYDRANAUTICS TO ANY OTHER ISSUE IN REGARD AFFIRMATION, REPRESENTATION, OR WARRANTY CONCERNING THE PRODUCT SOLD TO THE EQUIPMENTBUYER. UNLESS AN AFFIRMATION, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE REPRESENTATION OR WARRANTY IS SPECIFICALLY INCLUDED IN THIS WARRANTY, IT SHALL NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN BE ENFORCEABLE BY THE EQUIPMENT GIVEN TO USBUYER.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES EXCEPT FOR THE INSTALLATION LIMITED WARRANTY PROVIDED ABOVE, NEITHER IDTPLANS NOR ANY OF ITS SUPPLIERS OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS RESELLERS MAKES ANY WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESKIND, EXPRESS OR IMPLIED, OFAND IDTPLANS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORNON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTIONAND DATA ACCURACY. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, DEFECTSSO THE ABOVE LIMITATION MAY NOT APPLY. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE SERVICE, INFRINGEMENT OR AND THAT CUSTOMER HAS NOT RELIED ON ANY OTHER ISSUE REPRESENTATION NOT EXPRESSLY SET OUT IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT. IDTPLANS DOES NOT WARRANT THAT THE SERVICE OR SITE WILL MEET CUSTOMER'S REQUIREMENTS, WE ASSIGN TO YOU ANY WARRANTIES THAT THE SERVICE OR SITE WILL OPERATE IN THE EQUIPMENT GIVEN TO USCOMBINATIONS WHICH CUSTOMER MAY SELECT FOR USE, OR THAT THE OPERATION OF THE SERVICES OR SITE WILL BE UNINTERRUPTED, OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR 100% SECURE. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT THAT IDTPLANS HAS NO CONTROL OVER THE INTERNET, AND THAT IDTPLANS IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. 15.1. THE APP IS A BETA VERSION AND MAY NOT REPRESENT THE FINAL ITERATION OF THE APP AND MAY BE FEATURE LIMITED AND/OR FUNCTIONALITY LIMITED. ACCORDINGLY, YOU ACKNOWLEDGE THAT THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 15.2. WE DO NOT GUARANTEE THAT THE USE OF THIS APP WILL IMPROVE YOUR BASKETBALL SKILLS OR HELP YOU TO ACHIEVE ANY OTHER RESULTS OF ANY KIND. LEGEND PROVIDES THROUGH ITS APP SPORTS TRAINING SERVICES. THESE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR MEDICAL SERVICES. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENTNOT LICENSED MEDICAL PROFESSIONALS, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT IN THE BUSINESS OF SUPPLIERPROVIDING MEDICAL ADVICE. SHOULD YOU HAVE ANY MEDICAL ISSUES, WE ENCOURGAE YOU TO CONSULT A MEDICAL PROFFESSIONAL. YOUR USE OF THE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND NOTHING SUPPLIER STATES LEGEND. 15.3. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDEROTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES AGREE THAT WE WILL NOT EXCUSE YOUR OBLIGATIONS BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO US UNDER THIS AGREEMENTYOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. 15.4. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE MAKE RESERVE THE RIGHT, BUT HAVE NO WARRANTIESOBLIGATION, EXPRESS OR IMPLIEDTO MONITOR ANY SUCH DISPUTE. 15.5. Applicable law may not allow the exclusion of certain warranties, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USso to that extent such exclusions may not apply.

Warranty Disclaimers. WE ARE LEASING i. THE EQUIPMENT TO YOU APP IS PROVIDED ON AN “AS-AS IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, KIND EITHER EXPRESS OR IMPLIEDIMPLIED INCLUDING, OFWITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACYNON-INFRINGEMENT, SYSTEM INTEGRATIONAND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ii. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, FUNCTIONTHAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THIRD PARTY CONTENT, DEFECTSTHIRD PARTY SOURCES, INFRINGEMENT THIRD PARTY OPEN SOURCE SOFTWARE, YOUR DATA, PERSONAL INFORMATION, USER SUBMISSIONS AND ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM USE OR INABILITY TO USE ANY OF THE ABOVE INCLUDING TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER ISSUE IN REGARD TO THE EQUIPMENTSERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. iii. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU AGREE THAT WE ARE NOT IN DEFAULT UNDER THIS AGREEMENTLIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, WE ASSIGN BUT HAVE NO OBLIGATION, TO YOU MONITOR ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USSUCH DISPUTE. iv. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply. v. We also don’t control what people and others users do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our App.

Warranty Disclaimers. WE ARE LEASING RENTING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “"AS-IS.” ' YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN Af\l AGENT OF OURS AND WE ARE NOT AN Af\l AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENTEXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIEROTHERWISE, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE EACH PARTY SPECIFICALLY DISCLAIMS ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO IMPLIED WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT AND SERVICES ARE PROVIDED AS-IS, EXCLUSIVE OF ANY PARTICULAR PURPOSEWARRANTY WHATSOEVER, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT EXCEPT AS EXPRESSLY STATED HEREIN. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD- PARTY HOSTING PROVIDERS. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES RESULTING DIRECTLY FROM BUGS ALREADY EXISTING IN YOUR OR ANY OTHER ISSUE IN REGARD TO THIRD PARTY’S SYSTEMS OR SOFTWARE, OR BUGS INTRODUCED INTO OUR SYSTEMS BY PARTIES NOT UNDER THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO CONTROL OF US.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERHEREBY DISCLAIM, AND NOTHING SUPPLIER STATES YOU HEREBY RELEASE US, FROM ANY AND ALL LIABILITY FOR DOWNTIME OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OTHER INTERRUPTIONS IN SERVICE REGARDING THE LINKS AND/OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. OUR WEBSITE LIMITING THE FOREGOING: WE MAKE NO WARRANTIESWARRANTIES OR REPRESENTATIONS OF ANY KIND WITH REGARD TO THE “INDEPENDENT AGENT/ADVISOR” PROGRAM OR ANY PRODUCTS, EXPRESS OR IMPLIED, OFSTATUTORY, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONOR ARISING OUT OF COURSE OF PERFORMANCE, QUALITYCOURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR WEBSITE OR PRODUCTS WILL BE ERROR FREE, ADEQUACYFUNCTION WITHOUT INTERRUPTION OR THAT ANY ERRORS WILL BE CORRECTED. IF AS A MATTER OF LAW WE MAY NOT DISCLAIM ANY WARRANTY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE SCOPE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USAPPLICABLE LAW.

Warranty Disclaimers. WE Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, Screena makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEOR NON-INFRINGEMENT ARE LEASING THE EQUIPMENT SPECIFICALLY DISCLAIMED. NEITHER SCREENA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO YOU “AS-IS.” YOU ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE BEEN ADVISED OF THE EQUIPMENTPOSSIBILITY OF SUCH DAMAGES. SUPPLIER THIS DISCLAIMER IS NOT AN AGENT APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF OURS AND WE ARE NOT AN AGENT SCREENA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT USER INFORMATION THROUGH THEFT OR ANY OTHER ISSUE MEANS. SCREENA IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN REGARD NO EVENT WILL SCREENA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL SCREENA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN CONNECTION WITH USE OF THE EQUIPMENT GIVEN TO USSITE.

Warranty Disclaimers. WE ARE LEASING TO THE EQUIPMENT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRAPPE BE LIABLE TO YOU “AS-CUSTOMER PERSONNEL AND/OR ANY OTHER THIRD PARTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FRAPPE PROVIDES THE SERVICE "AS IS.” YOU HAVE SELECTED SUPPLIER " AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS "AS AVAILABLE" AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE EXPRESSLY DISCLAIMS ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OTHER WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, OFSTATUTORY OR OTHERWISE, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORINCLUDING BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY CONDITION OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR QUIET ENJOYMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT, TRIAL, BETA SERVICES AND FREE SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" EXCLUSIVE OF ANY PARTICULAR PURPOSEWARRANTY WHATSOEVER. FRAPPE AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE FRAPPE PRODUCTS WILL BE UNINTERRUPTED, CONDITIONSECURE, QUALITYERROR-FREE, ADEQUACYVIRUS-FREE, TITLEACCURATE OR COMPLETE OR COMPLY WITH REGULATORY REQUIREMENTS, DATA OR THAT FRAPPE WILL CORRECT ALL ERRORS. FRAPPE DOES NOT REPRESENT OR WARRANT NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS BY THIRD-PARTY COMPONENTS. FRAPPE DOES NOT GUARANTEE, REPRESENT OR WARRANT CONSULTATION RESULTS, IDENTIFICATION OF ALL ISSUES, OR THAT ALL ERRORS AND XXXX WILL BE CORRECTED TO CUSTOMER'S SATISFACTION. FRAPPE SHALL NOT BE LIABLE FOR CUSTOMER'S CONTENT, MATERIAL OR THIRD PARTY MATERIAL, INCLUDING BUT NOT LIMITED TO LINKS TO THIRD PARTY WEBSITES AND ACTIVITIES. FRAPPE SHALL NOT BE RESPONSIBLE FOR CUSTOMER'S FAILURE TO STORE, DOWNLOAD, OR BACKUP ITS DATA. CUSTOMER SHALL REMAIN RESPONSIBLE TO EVALUATE THE ACCURACY, SYSTEM INTEGRATIONRELIABILITY, FUNCTION, DEFECTS, INFRINGEMENT COMPLETENESS AND USEFULNESS OF ANY AND ALL CONTENT DELIVERED THROUGH THE SERVICES. FRAPPE IS NOT RESPONSIBLE OR LIABLE FOR ANY OTHER ISSUE FAILURE TO PERFORM OR DELAY IN REGARD PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EQUIPMENTEXTENT THAT THE FAILURE OR DELAY IS CAUSED BY CIRCUMSTANCES BEYOND FRAPPE'S REASONABLE CONTROL (SUCH AS EVENTS MENTIONED UNDER "FORCE MAJEURE" BELOW). FRAPPE SHALL NOT BE LIABLE FOR ANY INDIRECT DAMAGE, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSINCLUDING FINANCIAL LOSS, SUCH AS LOSS OF PROFIT. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USABOVE SHALL APPLY EVEN IF FRAPPE WAS ADVISED OF THE POSSIBILITY OF SUCH EVENTS OR THEY WERE FORESEEABLE.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. YOU WILL MAKE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THIS SITE OR PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORSERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, CONDITIONITS PRODUCTS, QUALITYSERVICES, ADEQUACYAND/OR CONTENT: (A) WILL BE SECURE, TITLETIMELY, DATA ACCURACYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE WE MAKE EVERY EFFORT TO ENSURE THE ACCURACY OF THE AUTOMATED DIAGNOSTIC SERVICE, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD DUE TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT NUMBER OF VARIABLES INVOLVED IN DEFAULT UNDER THIS AGREEMENTMACHINE HEALTH ASSESSMENTS, WE ASSIGN DO NOT WARRANT OR MAKE ANY REPRESENTATION CONCERNING THE ACCURACY OF THE DIAGNOSTIC SERVICE OR ITS ABILITY TO YOU DETECT ANY WARRANTIES IN OR ALL POTENTIAL OR ACTUAL MACHINE CONDITIONS. INFORMATION PROVIDED BY THE EQUIPMENT GIVEN TO USDIAGNOSTIC SERVICE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED ON OR CONSIDERED AS A SAFETY DEVICE OR METHOD. ANY ACTION, INACTION OR FURTHER ANALYSIS BY THE USER BASED ON THE DIAGNOSTIC SERVICE IS AT THE USER DISCRETION.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-PRODUCT IS PROVIDED ON AN "AS IS.” YOU HAVE SELECTED SUPPLIER " BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND. USE OF THE EQUIPMENT BASED UPON PRODUCT IS AT YOUR OWN JUDGMENTRISK. INSTALLATION OF THE SOFTWARE MAY AFFECT THIRD PARTY SOFTWARE. SUBJECT ONLY TO THE PROVISIONS OF SECTION 12 BELOW, BURLINGTON ENGLISH SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE USE OF THE PRODUCT. BURLINGTON ENGLISH DOES NOT TAKE RESPONSIBILITIES FOR WARRANT THAT THE INSTALLATION PRODUCT IS ERROR-FREE OR PERFORMANCE OF THE EQUIPMENTFAULT-TOLERANT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE BURLINGTON ENGLISH DISCLAIMS ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EITHER EXPRESS OR IMPLIED, OFWHETHER BY STATUTE, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORCOMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONPERFORMANCE, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATIONRELIABILITY, FUNCTIONNON-INFRINGEMENT OF THIRD PARTY RIGHTS, DEFECTSINTEGRATION AND SECURITY. BURLINGTON ENGLISH DOES NOT MAKE, INFRINGEMENT AND THIS AGREEMENT DOES NOT PASS TO YOU IN ANY WAY, ANY REPRESENTATION, WARRANTY OR UNDERTAKING ON BEHALF OF BURLINGTON ENGLISH, ITS SUPPLIERS OR LICENSORS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION IS TO STOP USING THE PRODUCT. WITHOUT DEROGATING FROM THE FOREGOING, BURLINGTON ENGLISH IS NOT, NOR SHALL BE, OBLIGED TO PROVIDE YOU WITH ANY SUPPORT, MAINTENANCE AND/OR OTHER ISSUE IN REGARD SERVICES WITH RESPECT TO THE EQUIPMENTPRODUCT, ANY ASSOCIATED SOFTWARE UNLESS OTHERWISE AGREED BETWEEN YOU AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT BURLINGTON ENGLISH IN DEFAULT WRITING UNDER THIS A SEPARATE, DULY EXECUTED SUPPORT AND MAINTENANCE AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU EACH PIXEL VAULT NFT AND PIXEL VAULT NFT ART IS PROVIDED “AS-AS IS.,” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WITHOUT WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST KIND. WITHOUT LIMITING THE FOREGOING, PIXEL VAULT EXPLICITLY DISCLAIMS ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO ALL WARRANTIES, EXPRESS OR IMPLIED, OFINCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND TAKE ABSOLUTELY ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PIXEL VAULT MAKES NO WARRANTY THAT THE PIXEL VAULT NFTS WILL MEET PURCHASER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR FREE BASIS. PIXEL VAULT MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE PIXEL VAULT NFTS. PIXEL VAULT WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS IN CONNECTION WITH ANY PIXEL VAULT NFT OR PIXEL VAULT ART AND TAKES NO RESPONSIBILITY FOR, MERCHANTABILITYAND WILL NOT BE LIABLE TO YOU FOR, FITNESS ANY USE OF OR INABILITY TO USE ANY PIXEL VAULT NFT OR PIXEL VAULT ART, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) THE BEHAVIOR OR OUTPUT OF ANY SOFTWARE OR HARDWARE; (III) DATA LOSS OR CORRUPTION; (IV) ANY FEATURES, DEVELOPMENT, ERRORS OR OTHER ISSUES WITH BLOCKCHAIN NETWORKS OR WALLETS; (V) UNAUTHORIZED ACCESS TO ANY PIXEL VAULT NFT OR PIXEL VAULT NFT ART; OR (V) THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING ANY PIXEL VAULT NFT OR PIXEL VAULT ART. EACH PIXEL VAULT NFT IS AN INTANGIBLE DIGITAL ASSET THAT EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH PIXEL VAULT DOES NOT CONTROL. PIXEL VAULT DOES NOT GUARANTEE THAT PIXEL VAULT CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY PIXEL VAULT NFTS. PURCHASER BEARS FULL RESPONSIBILITY FOR ANY PARTICULAR PURPOSEVERIFYING THE IDENTITY, CONDITIONLEGITIMACY, QUALITYAND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, ADEQUACYPIXEL VAULT MAKES NO CLAIMS ABOUT THE IDENTITY, TITLELEGITIMACY, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE OR ANY OTHER ISSUE IN REGARD TO PURPORTED SUBSEQUENT TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE EQUIPMENT GIVEN ABOVE EXCLUSION MAY NOT APPLY TO USYOU.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE WEB SERVICES ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH THE WEB SERVICES. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A THE SERVICE PROVIDER AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THE WEB SERVICES, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON- INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SERVICE PROVIDERS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE WEB SERVICES: (A) WILL BE SECURE, CONDITIONTIMELY, QUALITYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, ADEQUACY, TITLE, DATA ACCURACYSOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT Perspectium HAS NO CONTROL OVER THE INTERNET, AND THAT Perspectium IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN PORTION OF THE EQUIPMENT GIVEN TO USINTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE WEB SERVICES ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH THE WEB SERVICES. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A THE SERVICE PROVIDER AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THE WEB SERVICES, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SERVICE PROVIDERS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE WEB SERVICES: (A) WILL BE SECURE, CONDITIONTIMELY, QUALITYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, ADEQUACY, TITLE, DATA ACCURACYSOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT THAT RESULTS HAS NO CONTROL OVER THE INTERNET, AND THAT RESULTS IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN PORTION OF THE EQUIPMENT GIVEN TO USINTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. WE ARE LEASING i. SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND AS TO DEFECTS OR FUNCTIONALITY. THE EQUIPMENT ORIGINAL PURCHASER AND ALL END USERS BEAR ALL RISK AS TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERSOFTWARE, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE HONEYWELL MAKES NO WARRANTIES, IMPLIED OR ACTUAL, REGARDING ANY OF ITS SOFTWARE OR DOCUMENTATION. ii. HONEYWELL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE SECURITY AND FUNCTIONALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS, FIRE, OR OTHERWISE; OR THAT THE PRODUCTS WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. THE ORIGINAL PURCHASER AND ALL END USERS UNDERSTAND THAT PROPERLY INSTALLED AND MAINTAINED PRODUCTS (INCLUDING FOLLOWING ALL TECHNICAL INSTRUCTION BULLETINS OR NOTIFICATIONS OF VULNERABILITIES OR TECHNICAL ISSUES, AS WELL AS INSTALLING ALL RECOMMENDED PATCHES OR UPDATES TO ANY APPLICABLE SOFTWARE OR THE PRODUCTS) MAY ONLY REDUCE THE RISK OF FIRE, THEFT, PROPERTY DAMAGE OR OTHER EVENTS OCCURRING, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT SUCH WILL NOT OCCUR OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. iii. THE EXPRESS WARRANTIES OF HONEYWELL STATED HEREIN DO NOT APPLY TO PRODUCTS NOT MANUFACTURED BY HONEYWELL, (the “Warranty Period(s)”). Notwithstanding the foregoing Warranty Periods, if the original purchaser or end user is unable to present an invoice to Honeywell for the Products covered by this Limited Warranty or show documentation sufficient to identify the date of installation, Honeywell may, in its discretion, treat the Warranty Period as having commenced on the date of manufacture of the Products. In the case of INNCOM Products, if Honeywell or its subcontractors are responsible for installing the Product, the Warranty Period will not begin to run on that Product until such time as the user accepts the Product or begins beneficial use of the Product, whichever occurs first. This Limited Warranty does not cover defects caused by normal wear and tear or maintenance. Honeywell’s sole liability, and the original purchaser’s or end user’s exclusive remedy, which shall be determined in Honeywell’s sole discretion, is limited to replacement or repair of the relevant Product(s) or a credit for the purchase price of the relevant Product(s). The Warranty Period does not restart for replacement Products, and any replacement Products will only be warranted for the remainder of the original Warranty Period, if any. b. Warranty Exclusions. THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PRODUCT OR IMPLIEDSERVICE THAT IS: i. software, OFincluding any subscription-based software, AND TAKE ABSOLUTELY platform-as-a-service, infrastructure-as-a-service, or software-as-a-service; ii. altered or repaired by anyone other than Honeywell’s authorized employees or agents; iii. installed, used, serviced, or maintained in a manner that fails to conform with Honeywell’s documentation, technical or instruction bulletins, notifications of vulnerabilities or technical issues, or training for the Products, as well as installing all recommended patches or updates to any applicable software or the Products; or iv. lost or damaged, tampered with, or destroyed due to (A) rough or negligent treatment of the Product (including, without limitation, damage during shipment back to Honeywell caused by improper packaging on return); (B) an act of God (including, without limitation, lightning or related voltage surges); or (C) any other cause not within Honeywell’s control, including, without limitation, the failure to apply required or recommended updates or patches to any software or device in the Product’s network environment. SOFTWARE, CONSUMABLE ITEMS OR ITEMS THAT HAVE A NORMAL LIFE INHERENTLY SHORTER THAN THE WARRANTY PERIOD (E.G., PAPER, PRINTER RIBBONS, LAMPS, BATTERIES), SPARE PARTS, OR SERVICES. THE WARRANTIES, IF ANY, APPLICABLE TO ANY SOFTWARE OR SOFTWARE COMPONENT SHALL BE SOLELY AS STATED IN SUCH OTHER LICENSE AGREEMENT OR DOCUMENT. HONEYWELL MAKES NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR WARRANTIES THAT THE SOFTWARE COMPONENTS OF ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR PRODUCT WILL OPERATE IN CONJUNCTION WITH ANY OTHER ISSUE IN REGARD SOFTWARE OR WITH ANY EQUIPMENT OTHER THAN THE PRODUCTS. THE ORIGINAL PURCHASER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO PROVIDE ANY FORM OF CYBERSECURITY OR DATA PROTECTION RELATING TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE OPERATION OF THE PRODUCTS OR THE NETWORK ENVIRONMENT. THE ORIGINAL PURCHASER FURTHER ACKNOWLEDGES THAT HONEYWELL HAS NO OBLIGATION TO GUARANTEE CONTINUED OPERATION AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN FUNCTIONALITY OF THE EQUIPMENT GIVEN TO USPRODUCTS BEYOND THEIR STATED LIFECYCLE.

Warranty Disclaimers. WE ARE LEASING 12.1. THE EQUIPMENT TO YOU APP IS PROVIDED ON AN “AS-AS IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND INCLUDING, LICENSOR OR MANUFACTURERWITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND ANY FAILURE CONDITIONS OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACYNON- INFRINGEMENT, SYSTEM INTEGRATIONAND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 12.2. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, FUNCTION, DEFECTS, INFRINGEMENT THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER ISSUE SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. 12.3. EXPAIN DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE APP ARE ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND EXPAIN SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN REGARD TO CONNECTION WITH ANY OF THE EQUIPMENTFOREGOING. 12.4. IF YOU HAVE A DISPUTE WITH YOUR HEALTH CARE PROVIDER, INCLUDING ANY ASSOCIATED SOFTWARE AND DISPUTE REGARDING ANY FINANCED ITEMS. SO LONG AS BILLING OR SERVICE PROVIDED BY SUCH HEALTH CARE PROVIDER, YOU AGREE THAT WE ARE NOT IN DEFAULT UNDER THIS AGREEMENTLIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, WE ASSIGN BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. 12.5. EXPAIN DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY IMPROVEMENT (OR LACK THEREOF) OF ANY USER’S PHYSICAL STATE AND/OR CAPABILITIES. 12.6. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE APP IS VOLUNTARY AND AT YOUR OWN RISK, AND YOU AGREE THAT EXPAIN WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES (SUCH AS, BUT NOT LIMITED TO, HEALTH PROBLEMS OR PERSONAL INJURY) TO YOU OR ANY WARRANTIES THIRD PARTY THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THE APP. 12.7. NEITHER EXPAIN NOR ITS PERSONNEL ARE LICENSED MEDICAL CARE PROVIDERS, AND THEY HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. YOU HEREBY ACKNOWLEDGE THAT NO MEDICAL OR SIMILAR PROFESSIONAL ADVICE IS PROVIDED (OR PURPORTED TO BE PROVIDED) VIA THE APP, AND THE APP SHOULD NOT BE USED OR RELIED UPON IN PLACE OF CONSULTING (OR OTHERWISE SEEKING ADVICE FROM) A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL, SUCH AS YOUR PHYSICIAN. SEEK PROFESSIONAL ADVICE BEFORE FOLLOWING ANY INSTRUCTIONS YOU RECEIVE THROUGH THE APP. NOT ALL INFORMATION THAT MAY BE SPECIFIED IN THE EQUIPMENT GIVEN TO USAPP IS SUITABLE FOR EVERYONE. 12.8. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR THROUGH THE APP. YOU SHOULD UNDERSTAND THAT WHEN PARTICIPATING IN ANY ACTIVITY OR PERFORMING ANY ACTION SUGGESTED IN THE APP, THERE IS THE POSSIBILITY OF PERSONAL INJURY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR EMERGENCY SERVICES IMMEDIATELY. 12.9. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

Warranty Disclaimers. WE ARE LEASING (a) THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. EXPRESS WARRANTIES SET FORTH IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE SECTION 4.1 (a) ABOVE IN RESPECT OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT LICENSED SOFTWARE ARE IN LIEU OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, OFOR STATUTORY, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORREGARDING THE LICENSED SOFTWARE, MERCHANTABILITYOR ITS OPERATION, FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, CONDITIONINCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS (ALL OF WHICH ARE DISCLAIMED). HAIVISION DOES NOT WARRANT THAT ANY OF THE LICENSED SOFTWARE WILL MEET ALL OF YOUR NEEDS OR REQUIREMENTS, QUALITYOR THAT THE USE OF ANY OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, ADEQUACYOR THAT ALL ERRORS WILL BE DETECTED OR CORRECTED. (b) THE EXPRESS WARRANTIES SET FORTH IN HAIVISION'S WARRANTY TERMS IN RESPECT OF HAIVISION PROPRIETARY HARDWARE ARE IN LIEU OF ALL OTHER WARRANTIES, TITLEWHETHER EXPRESS OR IMPLIED, DATA ACCURACYOR STATUTORY, SYSTEM INTEGRATIONREGARDING ANY SUCH PROPRIETARY HARDWARE, FUNCTIONOR ITS OPERATION, DEFECTSFUNCTIONALITY, INFRINGEMENT PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY OTHER ISSUE IN REGARD PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL NON-PROPRIETARY HARDWARE SOLD BY HAIVISION OR THE RESELLER TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG YOU IS SOLD "AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN IS" EXCEPT FOR HAIVISION'S AGREEMENT TO TRANSFER TO YOU ANY WARRANTIES IN THE EQUIPMENT WARRANTY GIVEN TO USIT BY ANY VENDOR FROM WHOM SUCH HARDWARE WAS PURCHASED FOR RESALE TO YOU HEREUNDER IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4.1 (b), AND HAIVISION DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, REGARDING ANY SUCH NON-PROPRIETARY HARDWARE, OR ITS OPERATION, FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Warranty Disclaimers. WE ALL CONTINENT KEYS ARE LEASING PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER FOREGOING, CONTINENT EXPLICITLY DISCLAIMS ON BEHALF OF ITSELF, ALL OTHER PERSONS, ENTITIES AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. PARTIES THAT ARE OR IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERFUTURE MAY PROVIDE ANY ACCESS RIGHTS, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS EACH OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERTHEIR RESPECTIVE DIRECTORS, LICENSOR OR MANUFACTUREROFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “DISCLAIMED PARTIES”) ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO AND ALL WARRANTIES, GUARANTEES AND CONDITIONS, EXPRESS OR IMPLIED, OFINCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND TAKE ABSOLUTELY ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE. CONTINENT ON BEHALF OF ITSELF AND THE DISCLAIMED PARTIES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTINENT KEY WILL MEET PURCHASER’S REQUIREMENTS, OR THE CONTINENT KEY WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEITHER CONTINENT NOR THE DISCLAIMED PARTIES MAKE ANY REPRESENTATION, WARRANTY REGARDING OR GUARANTEE REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO THE CONTINENT KEY. NEITHER CONTINENT NOR THE DISCLAIMED PARTIES WILL BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS, AND TAKES NO RESPONSIBILITY FOR, MERCHANTABILITYAND WILL NOT BE LIABLE TO PURCHASER FOR, FITNESS ANY USE OF THE CONTINENT KEY, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED FILES; (IV) UNAUTHORIZED ACCESS TO THE CONTINENT KEY; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, HACKING, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. NEITHER CONTINENT NOR ANY DISCLAIMED PARTY IS RESPONSIBLE FOR ANY PARTICULAR PURPOSEKIND OF FAILURE, CONDITIONABNORMAL BEHAVIOR OF SOFTWARE (E.G., QUALITYWALLET, ADEQUACYSMART CONTRACT), TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT BLOCKCHAINS OR ANY OTHER ISSUE IN REGARD FEATURES OF THE CONTINENT KEY. NEITHER CONTINENT NOR ANY DISCLAIMED PARTY IS RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE EQUIPMENTBLOCKCHAIN SUPPORTING THE CONTINENT KEY, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSOTHER ISSUES HAVING FUND LOSSES AS A RESULT. SO LONG AS YOU ARE SOME JURISDICTIONS DO NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE EQUIPMENT GIVEN ABOVE EXCLUSION MAY NOT APPLY TO USYOU.

Warranty Disclaimers. WE ARE LEASING EXCEPT FOR THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. EXPRESS WARRANTIES SET FORTH IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE INSTALLATION OR PERFORMANCE GOODS, INCLUDING ANY (A) WARRANTY OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, (C) WARRANTY OF TITLE, DATA ACCURACYOR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, SYSTEM INTEGRATIONWHETHER EXPRESS OR IMPLIED BY LAW, FUNCTIONCOURSE OF DEALING, DEFECTSCOURSE OF PERFORMANCE, INFRINGEMENT USAGE OF TRADE OR OTHERWISE. SELLER SHALL NOT BE LIABLE FOR A BREACH OF WARRANTY SET FORTH IN THIS AGREEMENT UNLESS: (i) BUYER GIVES WRITTEN NOTICE OF THE DEFECT, REASONABLY DESCRIBED, TO SELLER WITHIN THE INSPECTION PERIOD, (ii) SELLER IS GIVEN A REASONABLE OPPORTUNITY AFTER RECEIVING SUCH NOTICE TO EXAMINE SUCH GOODS AND BUYER RETURNS SUCH GOODS TO SELLER’S PLACE OF BUSINESS, AND (iii) SELLER REASONABLY VERIFIES BUYER’S CLAIM THAT THE GOODS ARE DEFECTIVE. SELLER SHALL NOT BE LIABLE FOR A BREACH OF WARRANTY IF BUYER MAKES ANY OTHER ISSUE IN REGARD FURTHER USE OF SUCH GOODS AFTER GIVING SUCH NOTICE, THE DEFECT ARISES BECAUSE BUYER FAILED TO FOLLOW SELLER’S ORAL OR WRITTEN INSTRUCTIONS AS TO THE EQUIPMENTSTORAGE, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTINSTALLATION, WE ASSIGN TO YOU ANY WARRANTIES IN USE OR MAINTENANCE OF THE EQUIPMENT GIVEN TO USGOODS, OR BUYER ALTERS OR REPAIRS SUCH GOODS WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER.

Warranty Disclaimers. WE ARE LEASING TO THE EQUIPMENT TO YOU MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE (of the APP and in the Nerivio Device) IS PROVIDED ON AN “AS-AS IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND INCLUDING, LICENSOR OR MANUFACTURERWITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND ANY FAILURE CONDITIONS OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACYNON-INFRINGEMENT, SYSTEM INTEGRATIONAND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, FUNCTIONTHAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the SOFTWARE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD-PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, DEFECTSTRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. IF YOU HAVE A DISPUTE WITH ANY OTHER Theranica's Services or Product USER, INFRINGEMENT YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT, SUCH EXCLUSIONS MAY NOT APPLY. MEDICAL DISCLAIMER. THERANICA IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSYS, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH AND FOR DISCUSSING YOUR SYMPTOMS WITH A SUITABLE DOCTOR. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY. YOU SHOULD NEVER DELAY SEEKING PROFESSIONAL MEDICAL ADVICE, DISREGARD MEDICAL ADVICE OR DISCONTINUE MEDICAL TREATMENT BECAUSE OF INFORMATION ON THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR YOU EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. THERANICA IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR ANY OTHER ISSUE IN REGARD DAMAGES THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY USE OR MISUSE OF THE APP OR NERIVIO DEVICE. NERIVIO DEVICE IS A PRESCRIPTION DEVICE. USE THE NERIVIO DEVICE AND THIS APP ONLY IF YOU HAVE A VALID PRESCRIPTION AND AFTER CONSULTING WITH YOUR HEALTH CARE PROFESSIONAL. TO THE EQUIPMENTMAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THERANICA BE LIABLE FOR ANY ASSOCIATED SOFTWARE AND SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN DEFAULT UNDER CONNECTION WITH THIS AGREEMENT, WE ASSIGN OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP OR NERIVIO DEVICE EVEN IF THERANICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH IN ANY EVENT AND WHERE PERMITTED BY LAW, THERANICA’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP OR NERIVIO DEVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU ANY WARRANTIES IN TO THERANICA FOR USING THE EQUIPMENT GIVEN TO USAPP OR NERIVIO DEVICE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM. You agree to defend, indemnify and hold harmless Theranica and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App or Nerivio Device; (ii) your violation of this Agreement; and (iii) your violation of any Third-Party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER EXCEPT AS WARRANTED HEREIN, ALL REPRESENTATIONS AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, OFOR STATUTORY, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED. PLANGRID’S PREMIUM SERVICES MAY BE SUBJECT TO, AND PLANGRID IS NOT REPSONSIBLE FOR, LIMITATIONS, RISKS, AND OTHER PROBLEMS INHERENT IN ELECTRONIC COMMUNICATIONS, AND PLANGRID DOES NOT WARRANT THAT USE OF THE PREMIUM SERVICES IS RISK-FREE. PLANGRID DOES NOT PROVIDE REPRESENTATIONS, WARRANTIES, OR ASSURANCES AGAINST INTERCEPTION OR ACCESS AND PLANGRID IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACTS RESULTING IN LOSS OF OR DAMAGE TO CUSTOMER DATA ACCURACYOR OTHER PROPERTY IN CONNECTION WITH CUSTOMER’S USE OF THE PREMIUM SERVICES. PLANGRID MAY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD PERFORMING ITS OBLIGATIONS PURSUANT TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU BE DEPENDENT UPON OR USE DATA, MATERIAL, AND OTHER INFORMATION FURNISHED BY CUSTOMER WITHOUT ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USINDEPENDENT INVESTIGATION OR VERIFICATION THEREOF, AND PLANGRID MAY ASSUME THAT SUCH INFORMATION IS ACCURATE, COMPLETE, AND LEGALLY SUFFICIENT.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. YOU WILL MAKE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THIS SITE OR PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORSERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, CONDITIONITS PRODUCTS, QUALITYSERVICES, ADEQUACYAND/OR CONTENT: (A) WILL BE SECURE, TITLETIMELY, DATA ACCURACYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE THE ABOVE LIMITATIONS MAY NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN APPLY TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USYOU.

Warranty Disclaimers. WE ARE LEASING A. THE EQUIPMENT SDK, INCLUDING BUT NOT LIMITED TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER THE SAMPLE CODE, APIS AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTDOCUMENTATION, MAY BE INCOMPLETE OR CONTAIN INACCURACIES OR ERRORS THAT COULD CAUSE FAILURES OR LOSS OF DATA. IN NO EVENT WILL ROKU OR ITS LICENSORS BE LIABLE FOR ANY ADVERSE CONSEQUENCES OR DAMAGES ARISING OR RESULTING FROM ANY SUCH INACCURACIES OR ERRORS. ROKU MAKES NO REPRESENTATION OR WARRANTY TO ANYONE CONCERNING THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION AVAILABILITY OR PERFORMANCE SERVICE LEVEL OF THE EQUIPMENTCHANNEL STORE(S) OR TO DEVELOPER CONCERNING THE FUNCTIONALITY OR RELIABILITY OF ANY PLAYER. SUPPLIER IS DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SDK, INCLUDING BUT NOT AN AGENT OF OURS LIMITED TO THE SAMPLE CODE, APIS AND WE ARE NOT AN AGENT OF SUPPLIERDOCUMENTATION, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERPARTICIPATION IN THE PROGRAM AND, IF APPLICABLE, THE CHANNEL STORE(S), ARE AT DEVELOPER’S SOLE RISK AND EXPENSE, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH DEVELOPER. YOU WILL MAKE THE SDK, INCLUDING BUT NOT LIMITED TO THE SAMPLE CODE, APIS AND DOCUMENTATION, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS FAULTS AND WITHOUT WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURERKIND, AND ANY FAILURE ROKU HEREBY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESMERCHANTABILITY, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATIONTIMELINESS, FUNCTIONAND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROKU DOES NOT WARRANT THAT THE SDK, DEFECTSINCLUDING WITHOUT LIMITATION THE SAMPLE CODE, INFRINGEMENT APIS AND DOCUMENTATION, WILL MEET DEVELOPER’S REQUIREMENTS; THAT THE OPERATION OF THE SAMPLE CODE, APIS OR THE CHANNEL STORE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS OR ERRORS IN THE SDK, INCLUDING WITHOUT LIMITATION THE SAMPLE CODE, APIS AND DOCUMENTATION, WILL BE CORRECTED; OR THAT THE SDK WILL BE COMPATIBLE WITH FUTURE ROKU PRODUCTS OR SERVICES. SHOULD THE SDK, INCLUDING WITHOUT LIMITATION THE SAMPLE CODE, APIS AND/OR DOCUMENTATION, PROVE DEFECTIVE OR ERRONEOUS, DEVELOPER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF THE CHANNEL APPLICATION. B. ROKU RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE CHANNEL STORE(S), AND IN NO EVENT WILL ROKU OR ITS LICENSORS BE LIABLE FOR ANY ADVERSE CONSEQUENCES OR DAMAGES ARISING FROM OR RESULTING FROM ANY SUCH SUSPENSION. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PARTICIPATION IN THE CHANNEL STORE PROGRAM IS AT ITS SOLE RISK AND ROKU DOES NOT WARRANT THAT THE CHANNEL STORE(S) WILL BE COMPATIBLE WITH FUTURE ROKU PRODUCTS OR SERVICES; OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE CHANNEL STORE(S), THE PLAYER, OR ANY OTHER ISSUE ROKU PRODUCT OR SERVICE WILL NOT BE LOST, CORRUPTED OR DAMAGED. C. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PARTY OR THAT PARTY’S AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING (a) THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. EXPRESS WARRANTIES SET FORTH IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE SECTION 4.1 ABOVE IN RESPECT OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT LICENSED SOFTWARE ARE IN LIEU OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, OFOR STATUTORY, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORREGARDING THE LICENSED SOFTWARE, MERCHANTABILITYOR ITS OPERATION, FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, CONDITIONINCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS (ALL OF WHICH ARE DISCLAIMED). PESA INC. DOES NOT WARRANT THAT ANY OF THE LICENSED SOFTWARE WILL MEET ALL OF YOUR NEEDS OR REQUIREMENTS, QUALITYOR THAT THE USE OF ANY OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, ADEQUACYOR THAT ALL ERRORS WILL BE DETECTED OR CORRECTED. (b) THE EXPRESS WARRANTIES SET FORTH IN PESA'S WARRANTY TERMS IN RESPECT OF PESA INC. PROPRIETARY HARDWARE ARE IN LIEU OF ALL OTHER WARRANTIES, TITLEWHETHER EXPRESS OR IMPLIED, DATA ACCURACYOR STATUTORY, SYSTEM INTEGRATIONREGARDING ANY SUCH PROPRIETARY HARDWARE, FUNCTIONOR ITS OPERATION, DEFECTSFUNCTIONALITY, INFRINGEMENT PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY OTHER ISSUE IN REGARD PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL NON- PROPRIETARY HARDWARE SOLD BY PESA OR THE RESELLER TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG YOU IS SOLD "AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN IS" EXCEPT FOR PESA'S AGREEMENT TO TRANSFER TO YOU ANY WARRANTIES IN THE EQUIPMENT WARRANTY GIVEN TO USIT BY ANY VENDOR FROM WHOM SUCH HARDWARE WAS PURCHASED FOR RESALE TO YOU HEREUNDER IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4.1 (b), AND PESA DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, REGARDING ANY SUCH NON-PROPRIETARY HARDWARE, OR ITS OPERATION, FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Warranty Disclaimers. WE ARE LEASING A. THE EQUIPMENT SDK, INCLUDING BUT NOT LIMITED TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER THE SAMPLE CODE, APIS AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTDOCUMENTATION, MAY BE INCOMPLETE OR CONTAIN INACCURACIES OR ERRORS THAT COULD CAUSE FAILURES OR LOSS OF DATA. IN NO EVENT WILL ROKU OR ITS LICENSORS BE LIABLE FOR ANY ADVERSE CONSEQUENCES OR DAMAGES ARISING OR RESULTING FROM ANY SUCH INACCURACIES OR ERRORS. ROKU MAKES NO REPRESENTATION OR WARRANTY TO ANYONE CONCERNING THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION AVAILABILITY OR PERFORMANCE SERVICE LEVEL OF THE EQUIPMENTCHANNEL STORE OR TO DEVELOPER CONCERNING THE FUNCTIONALITY OR RELIABILITY OF ANY PLAYER. SUPPLIER IS DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SDK, INCLUDING BUT NOT AN AGENT OF OURS LIMITED TO THE SAMPLE CODE, APIS AND WE ARE NOT AN AGENT OF SUPPLIERDOCUMENTATION, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERPARTICIPATION IN THE PROGRAM AND, IF APPLICABLE, THE CHANNEL STORE, ARE AT DEVELOPER’S SOLE RISK AND EXPENSE, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH DEVELOPER. YOU WILL MAKE THE SDK, INCLUDING BUT NOT LIMITED TO THE SAMPLE CODE, APIS AND DOCUMENTATION, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS FAULTS AND WITHOUT WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURERKIND, AND ANY FAILURE ROKU HEREBY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESMERCHANTABILITY, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATIONTIMELINESS, FUNCTIONAND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROKU DOES NOT WARRANT THAT THE SDK, DEFECTSINCLUDING WITHOUT LIMITATION THE SAMPLE CODE, INFRINGEMENT APIS AND DOCUMENTATION, WILL MEET DEVELOPER’S REQUIREMENTS; THAT THE OPERATION OF THE SAMPLE CODE, APIS OR THE CHANNEL STORE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS OR ERRORS IN THE SDK, INCLUDING WITHOUT LIMITATION THE SAMPLE CODE, APIS AND DOCUMENTATION, WILL BE CORRECTED; OR THAT THE SDK WILL BE COMPATIBLE WITH FUTURE ROKU PRODUCTS OR SERVICES. SHOULD THE SDK, INCLUDING WITHOUT LIMITATION THE SAMPLE CODE, APIS AND/OR DOCUMENTATION, PROVE DEFECTIVE OR ERRONEOUS, DEVELOPER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF THE CHANNEL APPLICATION. B. ROKU RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE CHANNEL STORE, AND IN NO EVENT WILL ROKU OR ITS LICENSORS BE LIABLE FOR ANY ADVERSE CONSEQUENCES OR DAMAGES ARISING FROM OR RESULTING FROM ANY SUCH SUSPENSION. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PARTICIPATION IN THE CHANNEL STORE PROGRAM IS AT ITS SOLE RISK AND ROKU DOES NOT WARRANT THAT THE CHANNEL STORE WILL BE COMPATIBLE WITH FUTURE ROKU PRODUCTS OR SERVICES; OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE CHANNEL STORE, THE PLAYER, OR ANY OTHER ISSUE ROKU PRODUCT OR SERVICE WILL NOT BE LOST, CORRUPTED OR DAMAGED. C. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PARTY OR THAT PARTY’S AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE SUBJECT TO SECTION 9.1, THE LICENSED SOFTWARE, SUPPORT SERVICES AND DOCUMENTATION ARE LEASING THE EQUIPMENT TO YOU PROVIDED “AS-AS IS.” YOU HAVE SELECTED SUPPLIER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOUR J’S AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENTITS SUPPLIERS AND PARTNERS DISCLAIM ALL REPRESENTATIONS, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERWARRANTIES, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERCONDITIONS, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACYNONINFRINGEMENT, SYSTEM INTEGRATIONQUIET ENJOYMENT, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD AND ACCURACY WITH RESPECT TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSTHE DOCUMENTATION. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN THE FOREGOING DISCLAIMERS APPLY TO YOU AND ANY WARRANTIES IN THIRD PARTIES. WITHOUT LIMITING ANY OF THE EQUIPMENT GIVEN FOREGOING, FOUR J’S MAKES NO WARRANTY THAT THE SOFTWARE IS FAULT-TOLERANT, ERROR-FREE, FREE FROM INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHER FAILURES, OR THAT THE SOFTWARE OR THE DOCUMENTATION WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USYOU.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE WEB SERVICES ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH THE WEB SERVICES. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A THE SERVICE PROVIDER AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THE WEB SERVICES, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SERVICE PROVIDERS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE WEB SERVICES: (A) WILL BE SECURE, CONDITIONTIMELY, QUALITYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, ADEQUACY, TITLE, DATA ACCURACYSOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT THAT ELUCIDE SOFTECH PRIVATE LIMITED HAS NO CONTROL OVER THE INTERNET, AND THAT ELUCIDE SOFTECH PRIVATE LIMITED IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN PORTION OF THE EQUIPMENT GIVEN TO USINTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES EXCEPT FOR THE INSTALLATION LIMITED WARRANTY PROVIDED ABOVE, NEITHER SMARTX NOR ANY OF ITS SUPPLIERS OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS RESELLERS MAKES ANY WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESKIND, EXPRESS OR IMPLIED, OFAND SMARTX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORNON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTIONAND DATA ACCURACY. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, DEFECTSSO THE ABOVE LIMITATION MAY NOT APPLY. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE SERVICE, INFRINGEMENT OR AND THAT CUSTOMER HAS NOT RELIED ON ANY OTHER ISSUE REPRESENTATION NOT EXPRESSLY SET OUT IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT. SMARTX DOES NOT WARRANT THAT THE SERVICE OR SITE WILL MEET CUSTOMER'S REQUIREMENTS, WE ASSIGN TO YOU ANY WARRANTIES THAT THE SERVICE OR SITE WILL OPERATE IN THE EQUIPMENT GIVEN TO USCOMBINATIONS WHICH CUSTOMER MAY SELECT FOR USE, OR THAT THE OPERATION OF THE SERVICES OR SITE WILL BE UNINTERRUPTED, OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR 100% SECURE. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT THAT SMARTX HAS NO CONTROL OVER THE INTERNET, AND THAT SMARTX IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. WE EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE LICENSED PROPERTY IS PROVIDED TO LICENSEE, AND THE LICENSEE DEVELOPMENTS ARE LEASING THE EQUIPMENT PROVIDED TO YOU “LICENSOR, AS-IS.” YOU HAVE SELECTED SUPPLIER AND . EXCEPT AS EXPRESSLY SET FORTH HEREIN, LICENSOR MAKES NO WARRANTIES TO LICENSEE OR TO ANY OTHER PARTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTLICENSED PROPERTY, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. IN EXCEPT AS EXPRESSLY SET FORTH HEREIN, LICENSEE MAKES NO WARRANTIES TO LICENSOR OR TO ANY OTHER PARTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EVENT WE ASSIGN THIS AGREEMENTLICENSEE DEVELOPMENTS, OUR ASSIGNEE WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. LICENSOR DOES NOT TAKE RESPONSIBILITIES FOR WARRANT THAT THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU LICENSED SOFTWARE WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT MEET LICENSEE'S OR ANY OTHER ISSUE PARTY'S REQUIREMENTS, WILL OPERATE IN REGARD TO COMBINATIONS LICENSEE OR ANY OTHER PARTY MAY SELECT FOR USE, OR THAT OPERATION OF THE EQUIPMENTLICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICNSEE DOES NOT WARRANT THAT THE LICENSEE DEVELOPMENTS WILL MEET LICENSOR'S OR ANY OTHER PARTY'S REQUIREMENTS, WILL OPERATE IN COMBINATIONS LICENSOR OR ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTOTHER PARTY MAY SELECT FOR USE, WE ASSIGN TO YOU ANY WARRANTIES IN OR THAT OPERATION OF THE EQUIPMENT GIVEN TO USLICENSEE DEVELOPMENTS WILL BE UNINTERRUPTED OR ERROR FREE.