Common use of Warranty Disclaimers Clause in Contracts

Warranty Disclaimers. 8.1 THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS OR CLOUD SERVICES.

Warranty Disclaimers. 8.1 THE Occam warrants that the Coating Services will be performed in accordance with the specifications given to Occam by Xtent. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE VI, OCCAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE OR IMPLIED, WITH RESPECT TO THE CLOUD SERVICESLICENSE GRANTED HEREUNDER OR THE PRODUCTS OR SERVICES PROVIDED BY OCCAM. LOGRHYTHM AND ITS SUPPLIERS EXCEPT AS EXPRESSLY DISCLAIM ALL OTHER PROVIDED IN THIS ARTICLE VI, OCCAM HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFRINGEMENT, WITH RESPECT TO ANY WARRANTIES ARISING FROM COURSE OF DEALING RIGHTS LICENSED HEREUNDER OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH PROVIDED BY OCCAM. UNDER NO CIRCUMSTANCES WILL OCCAM BE LIABLE TO XTENT OR IN ANY APPLICATION OF XTENT'S INDEMNIFIED PERSONS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR SERIOUS BODILY INJURY OF ANTICIPATED PROFITS OR LOST BUSINESS ARISING FROM ANY PERSON, USE BY XTENT OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE XTENT'S INDEMNIFIED PERSONS OF THE PRODUCTS OR CLOUD SERVICES.LICENSED ASSETS EVEN IF A REPRESENTATIVE OF OCCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. ARTICLE VII

Warranty Disclaimers. 8.1 UNLESS OTHERWISE EXPRESSLY STATED IN THIS SONIFI LIMITED WARRANTY, THE EXPRESS WARRANTIES LICENSED SOFTWARE TERMS, OR THE AGREEMENT, SONIFI IS NOT RESPONSIBLE FOR ANY DEFECTS, BUGS, ERRORS, DEFICIENCIES OR VULNERABILITIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICES. LOGRHYTHM LICENSED SOFTWARE INSTALLED ON, EMBEDDED INTO, INCORPORATED WITHIN OR USED IN CONNECTION WITH HEADEND EQUIPMENT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIESIN-ROOM EQUIPMENT, AND SONIFI DOES NOT PROVIDE AND HEREBY DISCLAIMS ANY EXPRESS, IMPLIED, IMPLIED OR STATUTORY, REGARDING THE CLOUD SERVICESSTATUTORY WARRANTY WITH RESPECT TO SUCH LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. EXCEPT AS EXPLICITLY STATED IN THIS SONIFI LIMITED WARRANTY OR ELSEWHERE IN THE AGREEMENT, SONIFI DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, COVENANTS, GUARANTEES AND WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE HEADEND EQUIPMENT, IN-ROOM EQUIPMENT, LICENSED SOFTWARE, DOCUMENTATION AND ASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED REPRESENTATION, COVENANT, GUARANTEE OR WARRANTY: (A) OF CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES INFRINGEMENT; (B) ARISING FROM BY USAGE OR TRADE PRACTICES, COURSE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR PERFORMANCE; (C) THAT THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUMHEADEND EQUIPMENT, THE CLOUD IN-ROOM EQUIPMENT, THE LICENSED SOFTWARE, THE DOCUMENTATION AND ASSOCIATED SERVICES WILL BE ERROR FREE, UNINTERRUPTED, SECURE FROM THIRD PARTY ATTACK OR FREE OF VIRUSES, BUGS, 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 PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS FREE FROM DEFECTS, FIT TO BE SOLD, WILL PERFORM IN A PARTICULAR MANNER OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, SPEED OR TO SEVERE PHYSICAL A PARTICULAR STANDARD OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”)ANY QUALITY OF SERVICE. LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM IMPORTANT: DO NOT OPEN OR TAMPER WITH ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS HEADEND EQUIPMENT OR CLOUD SERVICESIN- 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 STOP FUNCTIONING. The specific limited warranties set forth in this SONIFI Limited Warranty do not apply to damage or failure to Equipment or Licensed Software or inability to perform resulting from Company’s failure (i) to comply with the Agreement (including the SOW, the Licensed Software Terms and the Service Terms) or (ii) to follow Documentation or oral or written instructions from SONIFI personnel or the applicable hardware manufacturer, hardware supplier, software developer or software publisher pertaining to the Headend Equipment, In-Room Equipment, Licensed Software and/or Updates. Unless otherwise expressly stated in the Agreement, this SONIFI Limited Warranty sets forth Company’s sole and exclusive remedies in the event of a breach of warranty herein during the Limited Warranty Period.

Warranty Disclaimers. 8.1 NAL WARRANTS THAT FOR TWELVE (12) MONTHS FROM THE EXPRESS DATE OF RECEIPT OF THE PRODUCT (“WARRANTY PERIOD”), THE PRODUCT SHALL SUBSTANTIALLY PERFORM TO ITS PUBLISHED SPECIFICATIONS AND THAT IT SHALL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER ITS INTENDED USE. IF NAL RECEIVES NOTICE OF NON-CONFORMANCE DURING THE WARRANTY PERIOD, THEN NAL SHALL, IN ITS DISCRETION, SEEK TO CORRECT THE NON-CONFORMING ISSUE BY REPAIRING OR REPLACING THE PRODUCT AT NO ADDITIONAL CHARGE TO CUSTOMER. ALL WARRANTY CLAIMS MUST BE RECEIVED ON OR BEFORE THE EXPIRATION OF THE WARRANTY PERIOD. EXCEPT FOR THE WARRANTY EXPRESSLY STATED ABOVE, CUSTOMER ASSUMES FULL RESPONSIBILITY FOR (i) THE SELECTION OF THE PRODUCT; (ii) THE PROPER INSTALLATION AND USE OF THE PRODUCT; (iii) VERIFYING THE RESULTS OBTAINED FROM THE USE OF THE PRODUCT; (iv) TAKING APPROPRIATE MEASURES TO PREVENT LOSS OF DATA, PROTECT AGAINST VIRUSES AND PROTECT AGAINST SECURITY BREACH; AND (v) PROCURING AND MAINTAINING THE PROPER HARDWARE, SYSTEMS, AND/OR NETWORK INFRASTRUCTURE REQUIRED FOR THE OPERATION OF THE PRODUCT. NAL DOES NOT WARRANT THAT THE QUALITY OR PERFORMANCE OF THE PRODUCT SHALL MEET CUSTOMER’S REQUIREMENTS, THAT THE PRODUCT WILL BE COMPATIBLE WITH ANY PARTICULAR THIRD-PARTY USER PLATFORM OR INTERFACE, THAT CUSTOMER SHALL BE ABLE TO ACHIEVE ANY PARTICULAR RESULTS FROM USE OF THE PRODUCT, OR THAT THE PRODUCT SHALL OPERATE FREE FROM ERROR. EXCEPT FOR THE WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM STATED HEREIN, NAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE CLOUD SERVICESPRODUCT AND ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING ANY WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND PURPOSE OR USE OR ANY WARRANTIES IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMEDTRADE. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUMCUSTOMER WAIVES, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN DISCLAIMS, AND RELEASES NAL FROM ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSONOBLIGATION, LIABILITY, RIGHT, REMEDY, OR CLAIM WITH RESPECT TO SEVERE PHYSICAL ANY BUG, DEFECT, VIRUS, SECURITY BREACH, DEFICIENCY, OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ERROR IN THE PRODUCT, SOFTWARE, DOCUMENTATION, OR ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS OR CLOUD SERVICESOTHER ITEMS FURNISHED HEREUNDER.

Warranty Disclaimers. 8.1 CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM PLATFORM, SOFTWARE, AND ANY ASSOCIATED CONTENT ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICESPROVIDED ON AN “AS AVAILABLE” BASIS. LOGRHYTHM SNAPPET AND ITS SUPPLIERS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “SNAPPET” FOR THE PURPOSES OF SECTIONS 12 AND 13 HEREIN) EXPRESSLY DISCLAIM ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, EXPRESS, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, REGARDING INCLUDING BUT NOT LIMITED TO THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE INFRINGEMENT. IN PARTICULAR, SNAPPET MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET CLIENT’S REQUIREMENTS; (II) CLIENT’S USE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUMPLATFORM WILL BE TIMELY, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSONUNINTERRUPTED, SECURE, OR TO SEVERE PHYSICAL FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR ENVIRONMENTAL DAMAGE HACKING; (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM III) ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE INFORMATION OBTAINED BY CLIENT AS A RESULT OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; AND (IV) ANY SUCH DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO CLIENT AS PART OF THE PLATFORM WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS PLATFORM IS ACCESSED AT CLIENT’S AND LICENSED USERS’ OWN DISCRETION AND RISK, AND CLIENT AND ITS LICENSED USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S OR CLOUD SERVICESITS LICENSED USERS’ DEVICES, COMPUTERS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Client acknowledges that Snappet is not responsible or liable in any way for any Content provided by Client or its Licensed Users. However, Snappet has the right, but not the obligation, to determine whether content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove content at any time, without prior notice and in its sole discretion, if such content is found to be in violation of this Agreement or a third party’s intellectual property rights, illegal, or otherwise objectionable.

Warranty Disclaimers. 8.1 THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS 5.1 As of the date hereof, Licensee acknowledges that it has had an opportunity to inspect, use and assess the Software and that, as of such date, the Software meets all of Licensee's requirements and expectations and operates without Errors. 5.2 LICENSOR EXPRESSLY DISCLAIM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, NONOR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT FREE. THE ENTIRE RISK OF THE SOFTWARE'S QUALITY AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” IS WITH ALL FAULTSLICENSEE. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS 5.3 LICENSOR SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE PRODUCTS OR CLOUD SERVICESPOSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF LICENSOR TO LICENSEE FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT PAID TO LICENSOR BY LICENSEE UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

Warranty Disclaimers. 8.1 (1) EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN SECTION 10 (LIMITED WARRANTY) THE CHEMSTATIONS PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICESOR IMPLIED. LOGRHYTHM AND ITS SUPPLIERS CHEMSTATIONS EXPRESSLY DISCLAIM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING WARRANTIES INCLUDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMEDNON- INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUMENTIRE RISK AS TO THE SELECTION, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIESQUALITY, AND LOGRHYTHM PERFORMANCE OF THE CHEMSTATIONS PRODUCT IS WITH THE LICENSEE. CHEMSTATIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CHEMSTATIONS PRODUCT WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE CHEMSTATIONS PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. IF LICENSEE IS RELYING UPON THE ACCURACY OF RESULTS FROM THE CHEMSTATIONS PRODUCT, LICENSEE EXPRESSLY ASSUMES THE DUTY OF CONFIRMING BY OTHER, INDEPENDENT MEANS ANY AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH ALL RESULTS OBTAINED FROM USE OF THE PRODUCTS CHEMSTATIONS PRODUCT. (2) THE DIPPR DATABASE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR CLOUD SERVICES.IMPLIED. WITH RESPECT TO THE DIPPR DATABASE, CHEMSTATIONS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

Warranty Disclaimers. 8.1 THE BESA warrants that the BESA Items provided hereunder shall be in conformance with the specifications. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE VI, BESA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE OR IMPLIED, WITH RESPECT TO THE CLOUD SERVICESLICENSE GRANTED HEREUNDER OR THE PRODUCTS OR SERVICES PROVIDED BY BESA. LOGRHYTHM AND ITS SUPPLIERS EXCEPT AS EXPRESSLY DISCLAIM ALL OTHER PROVIDED IN THIS ARTICLE VI, BESA HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFRINGEMENT, WITH RESPECT TO ANY WARRANTIES ARISING FROM COURSE OF DEALING RIGHTS LICENSED HEREUNDER OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH PROVIDED BY BESA. UNDER NO CIRCUMSTANCES WILL BESA BE LIABLE TO XTENT OR IN ANY APPLICATION OF XTENT’S INDEMNIFIED PERSONS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR SERIOUS BODILY INJURY OF ANTICIPATED PROFITS OR LOST BUSINESS ARISING FROM ANY PERSON, USE BY XTENT OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE XTENT’S INDEMNIFIED PERSONS OF THE PRODUCTS OR CLOUD SERVICESLICENSED ASSETS EVEN IF A REPRESENTATIVE OF BESA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [****], HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.

Warranty Disclaimers. 8.1 THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE EXCEPT TO THE CLOUD SERVICESEXTENT SET FORTH IN THE SLA AND SECTION 14.9 (HARDWARE), CUSTOMER (OR TENANT) ACCEPTS THE SERVICE, THE TOKENS (IF ANY), AND ANYTHING ELSE PROVIDED IN CONNECTION WITH THE AGREEMENT “AS IS” AND AS AVAILABLE. LOGRHYTHM ENTRUST DATACARD AND ITS SUPPLIERS EXPRESSLY AFFILIATES, LICENSORS, SUPPLIERS, AND HOSTING PROVIDERS DISCLAIM ANY AND ALL OTHER WARRANTIESREPRESENTATIONS, EXPRESSCONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR SATISFACTORY QUALITY, NON-INFRINGEMENT AND OR ANY IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSONPERFORMANCE, OR TO SEVERE PHYSICAL USAGE OF TRADE. ENTRUST DATACARD AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND HOSTING PROVIDERS MAKE NO REPRESENTATIONS, CONDITIONS OR ENVIRONMENTAL DAMAGE WARRANTIES REGARDING ANY THIRD-PARTY SOFTWARE OR THIRD-PARTY SERVICE (“HIGH RISK ACTIVITIES”INCLUDING ANY THIRD-PARTY CLOUD SERVICE) WITH WHICH THE SERVICE MAY INTEROPERATE (INCLUDING, WITHOUT LIMITATION, BY WAY OF AN EXTENSION OR A THIRD-PARTY INTEGRATION). LOGRHYTHM WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) ENTRUST DATACARD AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIESAFFILIATES, LICENSORS, SUPPLIERS, AND LOGRHYTHM HOSTING PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (B) ENTRUST DATACARD AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE AFFILIATES, LICENSORS, SUPPLIERS, AND HOSTING PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT, WITHOUT LIMITING THE GENERALITY OF THE PRODUCTS FOREGOING, AUTHENTICATION RECORDS, CUSTOMER DATA, PROFILES, PERSONAL DATA, WILL REMAIN PRIVATE OR CLOUD SERVICESSECURE.

Warranty Disclaimers. 8.1 THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE EXCEPT TO THE CLOUD SERVICESEXTENT SET FORTH IN THE SLA AND SECTION 14.9 (HARDWARE), CUSTOMER (OR TENANT) ACCEPTS THE SERVICE, THE TOKENS (IF ANY), AND ANYTHING ELSE PROVIDED IN CONNECTION WITH THE AGREEMENT “AS IS” AND AS AVAILABLE. LOGRHYTHM ENTRUST AND ITS SUPPLIERS EXPRESSLY AFFILIATES, LICENSORS, SUPPLIERS, AND HOSTING PROVIDERS DISCLAIM ANY AND ALL OTHER WARRANTIESREPRESENTATIONS, EXPRESSCONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR SATISFACTORY QUALITY, NON-INFRINGEMENT AND OR ANY IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSONPERFORMANCE, OR TO SEVERE PHYSICAL USAGE OF TRADE. ENTRUST AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND HOSTING PROVIDERS MAKE NO REPRESENTATIONS, CONDITIONS OR ENVIRONMENTAL DAMAGE WARRANTIES REGARDING ANY THIRD-PARTY SOFTWARE OR THIRD-PARTY SERVICE (“HIGH RISK ACTIVITIES”INCLUDING ANY THIRD-PARTY CLOUD SERVICE) WITH WHICH THE SERVICE MAY INTEROPERATE (INCLUDING, WITHOUT LIMITATION, BY WAY OF AN EXTENSION OR A THIRD-PARTY INTEGRATION). LOGRHYTHM WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) ENTRUST AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIESAFFILIATES, LICENSORS, SUPPLIERS, AND LOGRHYTHM HOSTING PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (B) ENTRUST AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE AFFILIATES, LICENSORS, SUPPLIERS, AND HOSTING PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT, WITHOUT LIMITING THE GENERALITY OF THE PRODUCTS FOREGOING, AUTHENTICATION RECORDS, CUSTOMER DATA, PROFILES, PERSONAL DATA, WILL REMAIN PRIVATE OR CLOUD SERVICESSECURE.

Warranty Disclaimers. 8.1 In addition to the Warranty Disclaimers under the XXXX, which will cover the CLOUDSHELL WATCHER HEALTH UTILITY as an integral part of the SOFTWARE licensed thereunder, the following Warranty disclaimers are added specifically for the CLOUDSHELL WATCHER HEALTH UTILITY: QUALISYSTEMS DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT IT WILL CORRECT ANY ERRORS IN THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE SOFTWARE, INCLUDING THOSE FOUND BY THE ONLY WARRANTIES APPLICABLE TO CLOUDSHELL WATCHER HEALTH UTILITY OR THAT THE CLOUD SERVICESCLOUDSHELL WATCHER HEALTH UTILITY WILL DETECT AND/OR CORRECTLY IDENTIFY, ALL ERRORS, UNAVAILABLENESS, DOWNTIMES, MISUTILIZATION OR MALFUNCTIONS. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, QUALISYSTEMS DOES NOT WARRANT OR STATUTORY, MAKE ANY REPRESENTATION REGARDING THE CLOUD SERVICESVERACITY OF THE REPORTS OR NOTIFICATIONS OR THAT THE REPORTS OR NOTIFICATIONS ARE COMPLETE OR ERROR-FREE. THE REPORTS OR NOTIFICATIONS DO NOT CONSTITUTE LEGAL ADVICE OR COMPLETE ERROR OR MALFUNCTIONS CONTROL OF THE SOFTWARE AND LICENSEE UNDERSTANDS THAT LICENSEE MUST DETERMINE FOR ITSELF THE NEED TO OBTAIN ITS OWN INDEPENDENT CONTROL AND MONITORING OF THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES USAGE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT LICENSES AND ERROR OR MALFUNCTION NOTIFICATIONS. LICENSEE'S USE OF AND RELIANCE UPON THE CLOUDSHELL WATCHER HEALTH UTILITY AND ANY WARRANTIES ARISING FROM COURSE OF DEALING REPORTS OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM NOTIFICATIONS IS AT LICENSEE'S SOLE DISCRETION AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIESRISK, AND LOGRHYTHM AND ITS LICENSORS QUALISYSTEMS SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF WHATSOEVER TO LICENSEE IN CONNECTION WITH ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS OR CLOUD SERVICESFOREGOING.

Warranty Disclaimers. 8.1 THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICES. LOGRHYTHM ENVERUS DISCLAIMS ANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICESOR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE BY VIRTUE OF DEALING CUSTOM OF TRADE OR COURSE OF PERFORMANCE WHICH DEALING. ENVERUS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL MEET REQUIREMENTS OR THAT THEY ARE HEREBY DISCLAIMEDSUITABLE FOR NEEDS OR THAT THE DATA OR RESULTS ARE CORRECT, ACCURATE, TIMELY, COMPLETE, SUITABLE, OR RELIABLE. EXCEPT FOR PROPRIETARY DATA IS COMPILED FROM SOURCES BEYOND ENVERUS’ CONTROL AND ERRORS, GAPS, AND INACCURACIES MAY EXIST. THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES PRODUCTS AND PROPRIETARY DATA ARE PROVIDED ON AN “AS IS” , WITH ALL FAULTS. 8.2 ” BASIS WITHOUT WARRANTIES OF ANY KIND. CUSTOMER ASSUMES ALL RISK OF ERRORS AND OMISSIONS IN THE PRODUCTS AND PROPRIETARY DATA. CUSTOMER SHALL NOT USE IMPLEMENT SUFFICIENT PROCEDURES AND CHECKS TO SATISFY ITS REQUIREMENTS FOR ACCURACY AND SUITABILITY AND MAINTAIN MEANS FOR THE RECONSTRUCTION OF LOST DATA. THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE ARE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSONSUPPLEMENT TO, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIESNOT A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL, AND LOGRHYTHM AND JUDGMENT OF PROFESSIONALS. CUSTOMER ACCEPTS ALL RISKS IN ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS INCLUDING BUT NOT LIMITED TO ANY INVESTMENT, ACQUISITION, DRILLING, WELL TREATMENT, PRODUCTION OR CLOUD SERVICESFINANCIAL DECISIONS. NO INFORMATION OBTAINED THROUGH USE OF THE PRODUCTS SHALL CONSTITUTE TRADING ADVICE, TRADING RECOMMENDATIONS, OR TRADING INFORMATION. LOCAL SOFTWARE MAY INCLUDE THIRD- PARTY COMMERCIAL SOFTWARE LICENSED BY ENVERUS AND SUBLICENSED TO CUSTOMER. LOCAL SOFTWARE MAY ALSO INCLUDE OR BE DISTRIBUTED WITH OPEN SOURCE SOFTWARE. THESE DISCLAIMERS SHALL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME OF THE ABOVE MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.

Warranty Disclaimers. 8.1 THE EMSI MATERIALS AND SERVICES ARE GENERATED USING GOVERNMENT DATA AND PROPRIETARY PROCESSES. EMSI USES ESTIMATES WHEN THERE ARE MISSING DATA POINTS, AND SUCH ESTIMATES ARE SUBJECT TO VARYING DEGREES OF ERROR. EMSI MATERIALS AND SERVICES MAY DIFFER SIGNIFICANTLY FROM ACTUAL OUTCOMES AND ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE OR IMPLIED. EMSI, TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL OTHER WARRANTIES, EXPRESSINCLUDING, IMPLIEDBUT NOT LIMITED TO, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NON-INFRINGEMENT EMSI IS NOT A BUSINESS CONSULTING SERVICE, EMPLOYMENT AGENCY OR A RECRUITING FIRM, AND ANY WARRANTIES ARISING FROM COURSE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF DEALING THE SERVICES OR COURSE TIMELINESS OF PERFORMANCE WHICH ARE HEREBY DISCLAIMEDTHE SERVICES IN MEETING THE OBJECTIVES OF CLIENT. EXCEPT FOR EMSI DOES NOT GUARANTEE THAT THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR WILL RESULT IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIESPARTICULAR OUTCOME, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF IS NOT RESPONSIBLE OR LIABLE FOR ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS OR CLOUD SERVICESDECISIONS, FOR WHATEVER REASON MADE, MADE BY CLIENT.

Warranty Disclaimers. 8.1 THE OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 7, NEITHER COMPANY NOR DAS MAKES ANY EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO CLIENT OR ANY OTHER PARTY WITH RESPECT TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIESSERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF CONDITION OR MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT PURPOSE ARE ALL EXPRESSLY EXCLUDED AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT NEITHER COMPANY NOR DAS PROVIDE ANY WARRANTY REGARDING ANY THIRD PARTY SOFTWARE AND/OR HARDWARE NOT PROVIDED BY COMPANY. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES MAY NOT BE RELIED UPON TO PERFORM MEDICAL DIAGNOSTIC FUNCTIONS OR TO SET TREATMENT PROCEDURES. WHEN USING THE SERVICES, CLIENT AND ITS AUTHORIZED USERS (E.G. EMPLOYEES) ARE SOLELY RESPONSIBLE FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUMEXERCISING DUE CARE AND USING THEIR INDEPENDENT PROFESSIONAL JUDGMENT WITH REGARD TO PATIENT EXAMINATION, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR DIAGNOSIS AND TREATMENT. NEITHER COMPANY NOR DAS ASSUME ANY RESPONSIBILITY FOR CLIENT’S ACTIONS WHICH MAY RESULT IN ANY APPLICATION LIABILITY OR SITUATION WHERE A DAMAGES DUE TO MALPRACTICE, FAILURE COULD LEAD TO DEATH WARN, NEGLIGENCE OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS OR CLOUD SERVICESOTHER BASIS.

Warranty Disclaimers. 8.1 DELL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ON SERVICES OR PRODUCTS EXCEPT THOSE INCLUDED IN THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM LIMITED WARRANTY STATEMENTS SHIPPED WITH PRODUCTS. THOSE LIMITED WARRANTY STATEMENTS ARE THE ONLY EXCLUSIVE CONTROLLING TERMS AND CONDITIONS OF THE LIMITED WARRANTIES APPLICABLE TO THE CLOUD FOR PRODUCTS, AND THERE ARE NO WARRANTIES FOR SERVICES. LOGRHYTHM NOTHING IN THIS AGREEMENT OR ANY OTHER WRITTEN DOCUMENTATION OR ANY ORAL COMMUNICATIONS WITH CUSTOMER MAY ALTER THE TERMS AND CONDITIONS OF DELL'S LIMITED WARRANTY STATEMENTS OR DELL'S DISCLAIMER OF WARRANTY FOR SERVICES. DELL MAY, IN ITS SUPPLIERS EXPRESSLY DISCLAIM SOLE DISCRETION, REVISE ITS LIMITED WARRANTIES FROM TIME TO TIME. NO CHANGE IN LIMITED WARRANTIES WILL AFFECT PRODUCTS ALREADY ORDERED BY CUSTOMER. IF CUSTOMER HAS NOT TIMELY PAID DELL FOR PRODUCTS OR SERVICES, DELL MAY, IN ITS SOLE DISCRETION, DISCONTINUE PROVIDING WARRANTY, SERVICE AND TECHNICAL SUPPORT FOR THE UNPAID PRODUCT OR SERVICES. DELL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING WITHOUT LIMITATION, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT . ANY WARRANTY PROVIDED ON SOFTWARE OR A DELLWARE PRODUCT IS PROVIDED BY THE PUBLISHER OR ORIGINAL MANUFACTURER AND ANY WARRANTIES ARISING MAY VARY FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTSPRODUCT TO PRODUCT. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS OR CLOUD SERVICES.

Warranty Disclaimers. 8.1 THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM SECTION 7.1 & SECTION 7.2 ARE THE ONLY WARRANTIES APPLICABLE TO MADE BY THE CLOUD SERVICESPARTIES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL THE PARTIES MAKE NO OTHER WARRANTIESWARRANTIES OF ANY KIND, EXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OR ANY WARRANTIES IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMEDPERFORMANCE, OR USAGE OF TRADE. EXCEPT 7.4 SOCIAL MEDIA NETWORK DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT APPLICATION FEATURES THAT INTEROPERATE WITH SOCIAL MEDIA NETWORKS DEPEND ON THE CONTINUING AVAILABILITY OF THOSE SOCIAL MEDIA NETWORKS’ API AND PROGRAM. IF ANY SOCIAL MEDIA NETWORK STOPS PROVIDING ACCESS TO SOME OR ALL OF THE FEATURES OR FUNCTIONALITY CURRENTLY OR HISTORICALLY AVAILABLE TO KHOROS, OR STOPS PROVIDING ACCESS TO SUCH FEATURES OR FUNCTIONALITY ON REASONABLE TERMS, AS DETERMINED BY KHOROS IN ITS SOLE DISCRETION, KHOROS RESERVES THE RIGHT TO STOP PROVIDING ACCESS TO SUCH SOCIAL MEDIA NETWORK’S FEATURES OR FUNCTIONALITY AS PART OF THE SERVICES. KHOROS WILL NOT BE LIABLE TO CUSTOMER FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUMANY REFUNDS OR ANY DAMAGE OR LOSS OR ARISING FROM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN CONNECTION WITH, ANY APPLICATION CHANGE MADE BY THE SOCIAL MEDIA NETWORK OR SITUATION WHERE A FAILURE COULD LEAD ANY RESULTING CHANGE TO DEATH OR SERIOUS BODILY INJURY OF THE SERVICES. CUSTOMER IRREVOCABLY WAIVES ANY PERSON, OR CLAIM AGAINST XXXXXX WITH RESPECT TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF CHANGE TO THE PRODUCTS OR CLOUD SERVICES.

Warranty Disclaimers. 8.1 FOR THE EXPRESS WARRANTIES IN CLOUD PURPOSES OF THIS SECTION 11.1, REFERENCES TO “YOU”/“YOUR” SHALL INCLUDE SUBSCRIBER, SUBSCRIBER’S NETWORK ADMINISTRATOR(S) OR ANY DESIGNATED MEMBER OF SUBSCRIBER’S ORGANIZATION, AS APPLICABLE. YOU AGREE THAT YOUR USE OF TRUSTCOR CA’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL CERTIFICATES AND ANY RELATED SERVICES ADDENDUM AND SOFTWARE, IN- CLUDING YOUR ACCOUNT, ARE THE ONLY WARRANTIES APPLICABLE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE CLOUD SERVICES. LOGRHYTHM MAXIMUM EXTENT PERMITTED BY LAW, TRUSTCOR CA DISCLAIMS ALL EXPRESS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER IMPLIED WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT AND INFRINGEMENT. TRUSTCOR CA DOES NOT WARRANT THAT ANY WARRANTIES ARISING SERVICE OR PRODUCT WILL MEET ANY EXPECTATIONS, BE UNINTERRUPTED OR THAT ACCESS TO CERTIFICATES WILL BE TIMELY OR ERROR-FREE. NOR DOES TRUSTCOR CA MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM COURSE THE USE OF DEALING THE SERVICE OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR TO THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS ACCURACY OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY RELIABILITY OF ANY PERSONINFORMATION OBTAINED THROUGH TRUSTCOR CA’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWN- LOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TRUSTCOR CA’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”)YOU. LOGRHYTHM TRUSTCOR CA IS NOT RESPONSIBLE FOR AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY. TRUSTCOR CA DOES NOT GUARANTEE THE AVAILABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS OR CLOUD SERVICESSERVICES AND MAY MODIFY OR DISCONTINUE ANY PRODUCT OR SERVICE OFFERING AT ANY TIME.

Warranty Disclaimers. 8.1 A. IN NO EVENT WILL ROKU OR ITS LICENSORS BE LIABLE FOR ANY ADVERSE CONSEQUENCES OR DAMAGES ARISING OR RESULTING FROM ANY INACCURACIES OR ERRORS IN THE EXPRESS ROKU PLATFORM OR IN ANY INFORMATION OR DOCUMENTATION PROVIDED IN CONNECTION THEREWITH. ROKU MAKES NO REPRESENTATION OR WARRANTY TO ANYONE CONCERNING THE AVAILABILITY OR SERVICE LEVEL OF THE CHANNEL STORE OR TO DEVELOPER CONCERNING THE FUNCTIONALITY OR RELIABILITY OF ANY PLAYER. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE ROKU PLATFORM AND PARTICIPATION 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. THE ROKU PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROKU HEREBY DISCLAIMS ALL WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, REGARDING INCLUDING WITHOUT LIMITATION THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT AND OF THIRD PARTY RIGHTS. ROKU DOES NOT WARRANT THAT THE ROKU PLATFORM WILL MEET DEVELOPER’S REQUIREMENTS; THAT THE OPERATION OF THE CHANNEL STORE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS OR ERRORS IN THE ROKU PLATFORM WILL BE CORRECTED; OR THAT ANY WARRANTIES ARISING FROM COURSE OF DEALING INFORMATION STORED OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMEDTRANSMITTED THROUGH THE CHANNEL STORE, THE PLAYER, OR ANY ROKU PRODUCT OR SERVICE WILL NOT BE LOST, CORRUPTED OR DAMAGED. EXCEPT FOR THE EXPRESS WARRANTIES NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROKU OR A ROKU AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS CLOUD SERVICES ADDENDUMAGREEMENT. SHOULD THE ROKU PLATFORM PROVE DEFECTIVE OR ERRONEOUS, DEVELOPER ASSUMES THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ENTIRE COST OF ALL FAULTSNECESSARY SERVICING, REPAIR OR CORRECTION OF THE CHANNEL APPLICATION. 8.2 CUSTOMER SHALL NOT USE B. ROKU RESERVES THE PRODUCTS RIGHT TO SUSPEND OR CLOUD SERVICES WITH TERMINATE THE CHANNEL STORE, AND IN NO EVENT WILL ROKU OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM BE LIABLE FOR ANY EXPRESS ADVERSE CONSEQUENCES OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF DAMAGES ARISING FROM OR RESULTING FROM ANY SUCH USE OF SUSPENSION. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PARTICIPATION IN THE PRODUCTS CHANNEL STORE PROGRAM IS AT ITS SOLE RISK. C. NO ORAL OR CLOUD SERVICESWRITTEN INFORMATION OR ADVICE GIVEN BY A PARTY OR THAT PARTY’S AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Warranty Disclaimers. 8.1 THE EXPRESS WARRANTIES ALL SERVICES, INFORMATION AND DATA ARE PROVIDED “AS IS,” AND EXCEPT AS SPECIFICALLY PROVIDED IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER THIS SECTION 7, COMPANY MAKES NO WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, REGARDING BUT NOT LIMITED TO, THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-TITLE, QUALITY, NON- INFRINGEMENT AND ANY WARRANTIES OR ACCURACY. THE ENTIRE RISK ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH OUT USE OF THE PRODUCTS COMPANY SERVICES AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE COMPANY SERVICES AND SOFTWARE, REMAINS WITH THE CUSTOMER. COMPANY DOES NOT WARRANT OR CLOUD SERVICESMAKE ANY REPRESENTATION REGARDING (A) THE USE OR THE RESULTS OF THE USE OF ITS SERVICES AND SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, (B) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF PROCESSES, IMAGES, INFORMATION, CONTENT OR OTHER DATA PROVIDED BY THE SERVICES AND SOFTWARE, AND (C) QUALITY OF ANY SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE SOFTWARE. THE INFORMATION AND CONTENT PROVIDED BY OR THROUGH THE SERVICES OR SOFTWARE, IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF HEALTHCARE PROFESSIONALS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SOFTWARE. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE INTERACTION OF THE SOFTWARE WITH ANY DEVICE OR ANY INFORMATION TECHNOLOGY INFRASTRUCTURE OF CUSTOMER.

Warranty Disclaimers. 8.1 CUSTOMER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM LICENSED SOFTWARE AND DOCUMENTATION ARE THE ONLY WARRANTIES APPLICABLE PROVIDED TO CUSTOMER ON AN “AS IS” BASIS WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AD LIGHTNING DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT INFRINGEMENT, LACK OF VIRUSES, AND ANY WARRANTIES ARISING FROM COURSE ACCURACY OR COMPLETENESS OF DEALING RESPONSES OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMEDRESULTS. EXCEPT FOR WITHOUT LIMITING THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUMFOREGOING, AD LIGHTNING DOES NOT WARRANT THAT THE CLOUD SERVICES ARE PROVIDED “LICENSED SOFTWARE WILL BE ERROR-FREE WITH RESPECT TO (A) ADVERTISEMENTS IDENTIFIED AS IS” WITH ALL FAULTS. 8.2 CUSTOMER SHALL NOT USE THE PRODUCTS PROBLEMATIC OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSONBE BLOCKED, OR (B) REPORTING TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”)THIRD PARTIES REGARDING ADVERTISEMENTS DISPLAYED. LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH CUSTOMER ACKNOWLEDGES THAT USE OF THE PRODUCTS LICENSED SOFTWARE MAY RESULT IN ALTERATIONS TO CUSTOMER’S AD OPERATIONS SYSTEM SETTINGS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AD LIGHTNING MAKES NO WARRANTY THAT THE LICENSED SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, OR CLOUD SERVICESTHAT ANY FIXES, PATCHES, REVISIONS, UPDATES OR MODIFICATIONS, IF ANY, PROVIDED BY AD LIGHTNING WILL BE COMPLETELY EFFECTIVE.

Warranty Disclaimers. 8.1 7.1 THE EXPRESS WARRANTIES IN CLOUD SERVICES ADDENDUM ARE THE ONLY WARRANTIES APPLICABLE TO THE CLOUD SERVICES. LOGRHYTHM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE CLOUD SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WHICH ARE HEREBY DISCLAIMED. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS CLOUD SERVICES ADDENDUM, THE CLOUD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. 8.2 7.2 CUSTOMER SHALL NOT USE THE PRODUCTS OR CLOUD SERVICES WITH OR IN ANY APPLICATION OR SITUATION WHERE A FAILURE COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). LOGRHYTHM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND LOGRHYTHM AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS OR CLOUD SERVICES.