Common use of Disclaimer and Limitation of Liability Clause in Contracts

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES TO YOUR JURISDICTION, EXPRESS,TELUS PROVIDES THE SERVICES AND THE CONTENT WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SERVICES OR THE CONTENT IS AT YOUR OWN RISK. TELUS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMABOUT THE MERCHANTABILITY, WITH RESPECT TO THE SERVICESMERCHANTABLE QUALITY, EQUIPMENTQUALITY, AND ANY OTHER PROVIDER PRODUCTSACCURACY, SERVICES OR EQUIPMENT PROVIDED HEREUNDERRELIABILITY, INCLUDINGCOMPLETENESS, BUT NOT LIMITED TOCURRENCY, WARRANTIES OF MERCHANTABILITYTIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT INFRINGEMENT OF THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDTHE CONTENT. THE SERVICES AND THE CONTENT MAY INCLUDE ERRORS, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONOMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. TELUS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SERVICES OR THE CONTENT. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE SERVICES AND CONTENT. EXCEPT FOR BREACH OF CONFIDENTIALITY OBLIGATIONS CONTAINED IN SECTION 8.1(A) AND (B) HEREIN, YOU AGREE THAT, WITH RESPECT TO DIRECT DAMAGES, TELUS AND TELUS’ SUPPLIERS TOTAL CUMULATIVE LIABILITY IN RESPECT OF ALL CLAIMS UNDER THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00); AND UPON EXPIRATION OR TERMINATION OF THIS AGREEMENT, YOU SHALL NOT BRING AN ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN OR THE DATE OF DISCOVERY OF SUCH DATA IN PROVIDER’S POSSESSIONCAUSE, CUSTODY OR CONTROLWHICHEVER IS LATER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THROUGH ACCIDENTYOU HEREBY AGREE THAT NEITHER TELUS NOR ITS SUPPLIERS BE LIABLE, FRAUDULENT MEANS OR DEVICESWHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER METHODLEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECTINDIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT TELUS OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING RESULTING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTUSE OF, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS INABILITY TO MAKE USE OF, A FAILURE OF THE SERVICES OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERTHE CONTENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUEDThe limitation above reflects the allocation of risk between you and TELUS. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERThe limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTHE REGISTRANT ACKNOWLEDGES AND AGREES THAT, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICESMAXIMUM EXTENT PERMITTED BY LAW, EQUIPMENT, THE REGISTRY AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT THE REGISTRY RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE, THE DOMAIN NAME, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY RELATED PARTIES), OR OTHERWISE. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING," DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR LOST PROFITS OF ANY KIND SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT THE REGISTRY OR NATURE WHATSOEVER, ARISING FROM OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A DEFECT IN REGISTRY RELATED PARTY, BY OR THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTREGISTRY COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER PARTY’S ACTS COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR OMISSIONS. PROVIDER WILL REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR OMISSIONS OFREGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES OR, AT THE SOLE DISCRETION OF THE REGISTRY, A FAILURE REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP- LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE SERVICES OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESCOMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED AND EXPERIENCED INDIVIDUALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR TRAINED, EXPRESS,IMPLIEDEXPERIENCED AND PRACTICAL JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH ARCHITECTURAL, STATUTORY PREMISES OR ARISING FROM A COURSE PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF DEALING OR PERFORMANCE OR CUSTOMSTRUCTURAL INTEGRITY, WITH RESPECT ENGINEERING, SOUNDNESS, SAFETY, AND UTILITY. DUE TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES LARGE VARIETY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE POTENTIAL APPLICATIONS FOR THE ACTS OR OMISSIONS OFSOFTWARE, A FAILURE OF OR A DEFECT THE SOFTWARE HAS NOT BEEN TESTED IN ANY PRODUCT OR SERVICE PROVIDED BYALL SITUATIONS UNDER WHICH IT MAY BE USED. CHIEF ARCHITECT, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERINC. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL SHALL NOT BE LIABLE IN ANY WAY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE AND THEIR EMPLOYEES OR CONTRACTORS WHO USE THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY USERPROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED OR MEASURED BY USING THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, OR THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION, GRAPHICAL FILES, OR THE SAMPLE DRAWINGS AND SAMPLE PLANS. CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, AND THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AMONG OTHER THINGS, INADVERTENT DISCREPANCIES, CONSTRUCTION INTERPRETATIONS OR CONSTRUCTED RESULTS. THESE LIMITATIONS WILL APPLY EVEN IF CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, OR THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. FURTHER, IN NO EVENT SHALL THE LIABILITY OF CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, AND THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO CHIEF ARCHITECT, INC. FOR THE SOFTWARE, DOCUMENTATION, GRAPHICAL FILES, AND THE SAMPLE DRAWINGS AND SAMPLE PLANS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM DATACOM AND A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT DATACOM RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, DATACOM AND A DATACOM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT DATACOM OR A PROVIDER PARTY’S PERFORMANCE DATACOM RELATED PARTY TAKES ACTION WITH RESPECT TO A .MN DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY DATACOM CO. LTD., A FAILURE OF DATACOM RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTDATACOM COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT DATACOM AND DATACOM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF A DATACOM OR OMISSIONS OFDATACOM RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DATACOM OR DATACOM RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, DATACOM AND A DATACOM RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .MN TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF DATACOM OR DATACOM RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DATACOM OR DATACOM RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR DATACOM OR DATACOM RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF DATACOM OR DATACOM RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO DATACOM OR DATACOM CO LTD. RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESYOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DATA AND SERVICES (i) ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND ARE NOT GUARANTEED AND THAT NEITHER AFM, EXPRESS,IMPLIEDEXPERIAN, STATUTORY NOR THEIR SOURCES WILL BE LIABLE TO YOU FOR ANY LOSS OR ARISING FROM A COURSE DAMAGE BASED ON THE CONTENT OF DEALING THE DATA OR PERFORMANCE SERVICES OR CUSTOM, WITH RESPECT ANY ERRORS OR OMISSIONS THEREFROM; (ii) ARE SUBJECT TO THE SERVICESFOLLOWING EXCLUSION OF WARRANTY: AFM, EQUIPMENTEXPERIAN AND THEIR SOUCES DO NO GUARANTEE OR WARRANT THE ACCURACY, AND ANY OTHER PROVIDER PRODUCTSCOMPLETENESS, SERVICES OR EQUIPMENT PROVIDED HEREUNDERCURRENTNESS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE SERVICES DATA OR THE MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY AFM’S, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATAEXPERIAN’S, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO THER SOURCES’ ACTS OR ALTERATIONOMISSIONS, THEFT WHETHER NEGLIGENT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILESOTHERWISE, PROGRAMSIN PROCURING, PROCEDURES OR INFORMATIONCOMPILING, INCLUDINGCOLLECTING, WITHOUT LIMITATIONINTERPRETING, ANY SUCH DATA IN PROVIDER’S POSSESSIONREPORTING, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESCOMMUNICATING, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S DELIVERING THE DATA OR ITS SERVICE PROVIDER’S NEGLIGENCESERVICES. IN NO EVENT WILL PROVIDER SHALL RESELLER, EXPERIAN OR ITS AFFILIATETHEIR SOURCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SERVICE PROVIDERINCIDENTAL, FACILITY OPERATOR CONSEQUENTIAL OR CARRIERSPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF AFM, EXPERIAN, OR THEIR RESPECTIVE OWNERSSOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES AFM’S, DIRECTORSEXPRESSION’S AND THEIR SOURCES’ ENTIRE LIABILITY AND THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES; (iii) IF, MANAGERSNOTWITHSTANDING THE PRIOR PARAGRAPH, OFFICERSLIABILITY CAN BE IMPOSED ON AFM, EMPLOYEES EXPERIAN, OR AGENTS (COLLECTIVELYTHEIR SOURCES, “PROVIDER PARTIES”) BE LIABLE THEN YOU AGREE THAT THE AGGREGATE LIABILITY FOR ANY DIRECTAND ALL LOSSES OR INJURIES TO YOU IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, ACTUALREGARLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIEGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, INDIRECTSHALL NEVER EXCEED THE AMOUNT PAID TO AFM FOR THE AFFECTED SERVICES AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE AFM, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESEXPERIAN, OR THEIR SOURCES FOR ANY COST OF COVER OR LOST PROFITS OF AMOUNT GREATER THAN SUCH SUM AND THAT YOU WILL NOT SEEK PUNITIVE DAMAGES IN ANY KIND OR NATURE WHATSOEVERSUIT AGAINST AFM, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTEXPERIAN, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERITS SOURCES.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESEXCEPT AS TO TITLE AND FREEDOM FROM LIENS, EXPRESS,IMPLIEDTHE AIRCRAFT IS BEING SOLD AND DELIVERED TO PURCHASER IN “AS IS, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMWHERE IS, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES ALL FAULTS” CONDITION AT TIME OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDINGDELIVERY, WITHOUT LIMITATIONANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY SUCH DATA IN PROVIDER’S POSSESSIONKIND BEING MADE OR GIVEN BY SELLER, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERSSHAREHOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES AGENTS, EMPLOYEES, ATTORNEYS OR AGENTS ASSIGNS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, AND SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WHETHER ARISING IN LAW, IN EQUITY, IN CONTRACT OR IN TORT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, AIRWORTHINESS, DESIGN, CONDITION, OR FITNESS FOR A PARTICULAR USE. PURCHASER HEREBY WAIVES, RELEASES AND RENOUNCES ANY CLAIM (COLLECTIVELYINCLUDING, “PROVIDER PARTIES”WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE CAUSED BY THE AIRCRAFT OR BY PURCHASER’S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER, EXCEPT FOR ANY CLAIM ARISING OUT OF SELLER’S COVENANT OF TITLE AND FREEDOM FROM LIENS OR ENCUMBRANCES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER SHALL NOT BE LIABLE OR RESPONSIBLE TO PURCHASER FOR ANY DIRECTDEFECTS, ACTUALEITHER PATENT OR LATENT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESIN THE AIRCRAFT, OR FOR ANY COST DIRECT OR INDIRECT DAMAGE TO PERSONS OR PROPERTIES RESULTING THEREFROM, OR FOR PURCHASER’S LOSS OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE USE OF OR A DEFECT DIMINUTION IN VALUE OF THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTAIRCRAFT, OR A PROVIDER PARTYFOR ANY INTERRUPTION IN PURCHASER’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE BUSINESS CAUSED BY PURCHASER’S INABILITY TO USE THE AIRCRAFT FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREASON WHATSOEVER.

Disclaimer and Limitation of Liability. PROVIDER THE RELEASE MATERIALS ARE PROVIDED "AS IS." XXXX DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED RELEASE MATERIALS DELIVERED HEREUNDER, INCLUDING, INCLUDING BUT NOT LIMITED TO, WARRANTIES TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES CUSTOMER WILL USE THE RELEASE MATERIALS AT ITS OWN RISK. XXXX WILL NOT REPRESENTBE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, WARRANT INDIRECT OR COVENANT THAT THE PRODUCTSOTHERWISE), SERVICES HOWEVER CAUSED, ARISING OUT OF OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDRELATING TO THIS AGREEMENT. IN NO EVENT XXXX XXXX BE LIABLE FOR LOSS OF PROFITS, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR BE SECURESPECIAL DAMAGES OF ANY KIND, EVEN IF XXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL XXXX BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, YOU OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE INCIDENTAL, COVER, RELIANCE OR OTHER CONSEQUENTIAL DAMAGES, EVEN IF XXXX SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF CLAIM BY ANY KIND OR NATURE OTHER PERSON. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, XXXX IS FOUND LIABLE TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, ARISING FROM AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR RELATED TO THIS AGREEMENT OTHERWISE), XXXX'X MAXIMUM AGGREGATE LIABILITY FOR SUCH SPECIAL OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN CONSEQUENTIAL DAMAGES EXCEED A) THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE TOTAL AMOUNT PAID BY BUYER FOR THE ACTS OR OMISSIONS OFPRODUCT -OR- B) ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LOWER, PAID AS LIQUIDATED DAMAGES AND NOT AS A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERPENALTY.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S 'S OR A USER’S 'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S 'S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S 'S OR ITS SERVICE PROVIDER’S 'S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “"PROVIDER PARTIES”") BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S 'S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S 'S VIOLATION OF A THIRD PARTY’S 'S RIGHT, OR A PROVIDER PARTY’S 'S ACTS OR OMISSIONS. PROVIDER WILL NOT BE 12 986346.10 LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S 'S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ ' MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent permitted by law, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO Atgron AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT Atgron RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO ANY CIRCUMSTANCE RELATING TO FAILURE OR REFUSAL TO REGISTER, THE USE, SUSPENSION, TERMINATION OR INABILITY TO USE THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY Atgron RELATED PARTIES), OR OTHERWISE. ADDITIONALLY, Atgron AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Atgron RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT Atgron OR NATURE WHATSOEVER, ARISING FROM OR AN Atgron RELATED PARTY TAKES ACTION WITH RESPECT TO A .WED DOMAIN NAME PURSUANT TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER.WED TLD Policies, A FAILURE OF OR A DEFECT IN THE SERVICESWHICH ACTION IS REVERSED, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTMODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY Atgron, AN Atgron RELATED PARTY, BY OR THROUGH THE ICANN UNIFORM RAPID SUSPENSION SYSTEM, Atgron COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Atgron AND Atgron RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF Atgron OR OMISSIONS OFAtgron RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF Atgron OR Atgron RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES OR, AT THE SOLE DISCRETION OF Atgron, A FAILURE REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, Atgron AND Atgron RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS OR ROUTING FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON- DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .WED TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF Atgron OR Atgron RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF Atgron OR Atgron RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR Atgron OR Atgron RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE SHALL BE, AT THE SOLE DISCRETION OF Atgron OR Atgron RELATED PARTIES, THE RESUPPLY OF THE SERVICES OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO Atgron OR Atgron RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER 8.1 EXCEPT FOR THE REPRESENTATIONS AND LIMITED WARRANTIES CONTAINED IN SECTIONS 7 AND 9 OF THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS DISCLAIMS ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE LICENSED SOFTWARE, DOCUMENTATION AND SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDINGINLCUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLEQUIET ENJOYMENT, QUIET ENJOYMENT AND NON-INFRINGEMENTPOSSESSION OR CORRESPONDENCE TO DESCRIPTION. PROVIDERDOES ATLAS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED OPERATION OF THE LICENSED SOFTWARE WILL OPERATE UNINTERRUPTED, ERROR BE ERROR-FREE OR WITHOUT DEGRADATION UNINTERRUPTED OR LOSS OF DATA, THAT ALL SOFTWARE ERRORS CAN OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS CORRECTED. ALL ERROR CORRECTIONS OR BUG-FIXES PROVIDED TO LICENSEE WHICH ARE NOT MADE GENERALLY COMMERCIALLY AVAILABLE AS PART OF AN UPDATE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR ALTERATION, THEFT CONDITION OF ANY KIND. ANY SUPPLEMENTS OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, UPDATES TO THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY FIXES OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS ERROR CORRECTIONS PROVIDED AFTER THE EXPIRATION OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL WARRANTY PERIOD EXPRESSLY SET FORTH HEREIN IS NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS COVERED BY ANY THIRD-PARTY SERVICE PROVIDERWARRANTY OR CONDITION, FACILITY OPERATOR EXPRESS, IMPLIED OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERSTATUTORY.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent permitted by law, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO NICGY AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NICGY RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY NICGY RELATED PARTIES), OR OTHERWISE. ADDITIONALLY, NICGY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICGY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT NICGY OR NATURE WHATSOEVER, ARISING FROM OR A NICGY RELATED PARTY TAKES ACTION WITH RESPECT TO A .GY DOMAIN NAME PURSUANT TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE .GY TLD Policies, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY NICGY, A FAILURE OF NICGY RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTNICGY COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICGY AND NICGY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF NICGY OR OMISSIONS OFNICGY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF NICGY OR NICGY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES OR, AT THE SOLE DISCRETION OF NICGY, A FAILURE REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR A DEFECT REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, NICGY AND NICGY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY PRODUCT INFORMATION OR SERVICE OTHER SERVICES PROVIDED BYUNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .GY TOP LEVEL DOMAIN NAME, OR VIOLATION BREACH OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDERSECURITY, FACILITY OPERATOR EVEN IF NICGY OR CARRIERNICGY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF NICGY OR NICGY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE PROVIDER REGISTRANT'S SOLE REMEDY FOR NICGY OR NICGY RELATED PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED BREACH OF THIS AGREEMENT OR NEGLIGENCE SHALL BE, AT THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN SOLE DISCRETION OF NICGY OR NICGY RELATED PARTIES, THE THREE RESUPPLY OF THE SERVICESOR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (3) MONTHS PRECEDING IF THE DATE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE CLAIM ACCRUEDREGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO NICGY OR NICGY RELATED PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERBY THE REGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS NOTHING CONTAINED IN THIS WEBSITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THIS WEBSITE CONSTITUTES A SOLICITATION OR OFFER BY ACCUMULUS, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ACCUMULUS, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE INFORMATION PROVIDED ON THIS WEBSITE AND ANY DECISIONS BASED ON SUCH INFORMATION. AS A CONDITION OF ACCESSING THIS WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE TO HOLD ACCUMULUS AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AFFILIATES, AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION. THIS WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). ACCUMULUS MAKES NO WARRANTY THAT THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ERROR- FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THIS WEBSITE MAY OCCUR AND ACCUMULUS HAS NO CONTROL OVER ANY THIRD PARTY NETWORKS IN CONNECTION WITH ITS SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. ACCUMULUS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACCUMULUS AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT ACCUMULUS AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL AFFILIATES SHALL NOT BE LIABLE IN ANY WAY RESPECT FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OR INABILITY TO USE THIS WEBSITE OR MATERIALS CONTAINED HEREIN (INCLUDING WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LIABILITY IN RELATION TO ERRORS OR OMISSIONS IN ANY USERINFORMATION OR MATERIALS OR THE USE OR INTERPRETATION BY OTHERS OF SUCH INFORMATION OR MATERIALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ACCUMULUS, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF ACCUMULUS AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO ACCUMULUS, IF ANY, FOR YOUR ACCESS TO THIS WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO BOCRA AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT BOCRA RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, XXXXX AND BOCRA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT BOCRA OR A PROVIDER PARTY’S PERFORMANCE BOCRA RELATED PARTY TAKES ACTION WITH RESPECT TO A .bw DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY XXXXX, A FAILURE OF BOCRA RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTBOCRA COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT XXXXX AND BOCRA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF BOCRA OR OMISSIONS OFBOCRA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF BOCRA OR BOCRA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, BOCRA AND BOCRA RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .bw TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF BOCRA OR BOCRA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF BOCRA OR BOCRA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR BOCRA OR BOCRA RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF BOCRA OR BOCRA RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO BOCRA OR BOCRA RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER IN NO EVENT SHALL NDTALK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE NDTALK SERVICES, THE WEBSITES, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT NDTALK MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NDTALK IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING, MEDICAL OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND SERVICES AND ACKNOWLEDGE THAT ANY RELIANCE UPON SITE CONTENT OR SERVICE SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. NDTALK DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY EXPRESS OR ARISING FROM A COURSE OF DEALING IMPLIED – AND SHALL HAVE NO LIABILITY OR PERFORMANCE OR CUSTOM, RESPONSIBILITY – IN CONNECTION WITH RESPECT TO THE ANY HEALTHCARE SERVICES, EQUIPMENTMEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED THROUGH THE SERVICE. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY OTHER PROVIDER PRODUCTSKIND, SERVICES EITHER EXPRESS OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSIONIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NDTALK AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, CUSTODY EXPRESS OR CONTROLIMPLIED, THROUGH ACCIDENTAS TO THE OWNERSHIP, FRAUDULENT MEANS OR DEVICESACCURACY, OR ADEQUACY OF THE SITE CONTENT OR SERVICES. NDTALK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY OTHER METHODINFORMATION PUBLISHED ON LINKED WEBSITES, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. CONTAINED IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PROVIDED BY THIRD PARTIES”) . NEITHER NDTALK NOR ITS THIRD-PARTY SERVERS SHALL BE LIABLE FOR ANY DIRECTINDIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DAMAGES, LOSSES OR FOR ANY COST LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF COVER THE POSSIBILITY OF SUCH DAMAGES OR LOST PROFITS LOSSES AND REGARDLESS OF ANY KIND OR NATURE WHATSOEVERTHE THEORY OF LIABILITY. To the fullest extent permitted by law, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERNDTalk, A FAILURE OF OR A DEFECT IN THE SERVICESits officers, EQUIPMENT OR ANY PRODUCTdirectors, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTshareholders, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OFemployees, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYaffiliates and/or agents shall not be liable to you for any direct, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDERindirect, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (31) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.errors, mistakes, or inaccuracies of or in any Content;

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS,EITHER EXPRESS OR IMPLIED, STATUTORY AND MAKE NO REPRESENTATION OR ARISING FROM A COURSE WARRANTIES OF DEALING OR PERFORMANCE OR CUSTOMANY KIND, WITH RESPECT RELATED TO THE SERVICESWEBSITE AND CONTENT, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS . WE MAKE NO REPRESENTATION OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT WARRANTIES THAT THE PRODUCTSWEBSITE AND CONTENT ARE OR WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT A SPECIFIC TIME, SERVICES THAT THE WEBSITE WILL BE SECURED, UNINTERRUPTED OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATAERROR-FREE, OR BE SECURE. NEITHER PROVIDER FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR ITS SERVICE PROVIDERS THAT CONTENT WILL BE LIABLE ACCURATE OR RELIABLE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR UNAUTHORIZED ACCESS TO ANY DECISION MADE OR ALTERATION, THEFT ACTION TAKEN OR DESTRUCTION OF CUSTOMER’S NOT TAKEN IN RELIANCE ON THE WEBSITE OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, CONTENT NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER INCIDENTAL DAMAGES, OR DAMAGES FOR ANY COST LOSS OF COVER BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVEROTHER PECUNIARY LOSS, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OUT OF OBLIGATIONS HEREUNDERTHE USE OF THE WEBSITE AND CONTENT, A FAILURE EVEN IF WE HAVE BEEN INFORMED OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION POSSIBILITY OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSSUCH DAMAGES. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO ANY USERSTOP USING THE WEBSITE.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESS,IMPLIEDTERMS, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, EQUIPMENTINFORMATION, GOODS, AND ANY OTHER PROVIDER PRODUCTSMATERIALS MADE AVAILABLE THROUGH THE SITE, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXXNONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-LIKE MANNERFREE, COMPLIANCE NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH LAWSTHE SITE, QUALITYAND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATACOMPLETENESS, OR BE SECUREUSEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NOT BE LIABLE FOR ANY DIRECTINDIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESEXEMPLARY, OR FOR ANY COST OF COVER OR LOST PROFITS PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVERIN CONNECTION WITH THE SITE, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE NOR FOR ANY DAMAGES FOR LOSS OF OBLIGATIONS HEREUNDERPROFITS, A FAILURE LOSS OF OR A DEFECT USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTSITE, OR A PROVIDER PARTY’S ACTS UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR OMISSIONSLOSSES. PROVIDER FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYXx Xxxxx Xxxxx MD, OR VIOLATION THE PROVIDERS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ANY THIRD ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S RIGHTS LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY THIRD-PARTY SERVICE PROVIDEROTHER MATTER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL THEN SUCH PARTY’S LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY LIMITED OR EXCLUDED TO ANY USERTHE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, THE DIRECTORY AND ANY SERVICES PROVIDED BY FAL IN CONNECTION WITH RESPECT THIS AGREEMENT ARE SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE SERVICESFULLEST EXTENT UNDER APPLICABLE LAW, EQUIPMENTFAL MAKES NO, AND ANY OTHER PROVIDER PRODUCTSDISCLAIMS ALL, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. PROVIDERDOES NOT REPRESENTTHE FAL LISTINGS AND FAL WEBSITE, WARRANT AND OTHER WEBSITES, DATABASES AND/OR COVENANT THAT THIRD-PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTSLISTINGS, SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDOTHER LIMITATIONS. FAL HAS NO LIABILITY, ERROR FREE WHATSOEVER, TO YOU OR WITHOUT DEGRADATION ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CUSTOMER CONTENT OR LOSS TO THE YOUR WEBPAGE OR WEBSITE AS A RESULT OF DATAFAL'S ASSISTANCE IN IMPLEMENTING ANY LISTING FEATURES, ANY OTHER PARTY'S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF, OR BE SECUREINABILITY TO USE, FAL WEBSITES, DATABASES AND/OR PROGRAMS. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS FAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY'S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF FAL'S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE LIABLE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL FAL OR ANY PARTNER BE RESPONSIBLE FOR UNAUTHORIZED ACCESS ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE OR PROFITS, EVEN IF FAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESDAMAGES. FAL WILL NOT BE LIABLE, OR ANY OTHER METHODCONSIDERED IN BREACH OF THE AGREEMENT, REGARDLESS ON ACCOUNT OF WHETHER SUCH DAMAGE OCCURS A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF PROVIDER’S CAUSES OR ITS SERVICE PROVIDER’S NEGLIGENCECONDITIONS THAT ARE BEYOND FAL'S CONTROL. IN NO EVENT WILL PROVIDER OR ITS AFFILIATEADDITION, SERVICE PROVIDERAND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR FAL'S LIABILITY UNDER ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST CAUSE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ACTION ARISING FROM OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDEROTHERWISE SHALL BE LIMITED TO $100. To the extent any liability of FAL cannot be disclaimed, A FAILURE OF OR A DEFECT IN THE SERVICESexcluded or limited under applicable law, EQUIPMENT OR ANY PRODUCTsuch liability shall be disclaimed, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERexcluded and limited to the fullest extent permitted under applicable law.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESAlthough Host has attempted to provide accurate information on the site, EXPRESS,IMPLIEDit makes no guarantee or warranty, STATUTORY 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 ARISING FROM A COURSE HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, ANY KIND AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, AND ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS PURPOSE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENTINFRINGEMENT ARE SPECIFICALLY DISCLAIMED. PROVIDERDOES NEITHER HOST 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 REPRESENTLIMITED TO ANY LOST PROFITS, WARRANT LOSS OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DAMAGE TO DATA, OR BE SECUREANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HOST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION, USE OF USER INFORMATION THROUGH THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHODMEANS. HOST IS NOT LIABLE FOR CRIMINAL, REGARDLESS TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCETHIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL PROVIDER HOST OR ANY OF ITS AFFILIATEAFFILIATES, SERVICE PROVIDERAGENTS, FACILITY OPERATOR EMPLOYEES, ASSIGNS OR CARRIERTHIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL HOST OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERSAGENTS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) ASSIGNS BE HELD LIABLE FOR ANY DIRECTDAMAGE TO EQUIPMENT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE HARDWARE OR OTHER DAMAGES, PROPERTY OF USER OR FOR ANY COST PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERSITE.

Disclaimer and Limitation of Liability. PROVIDER IMPERIAL MAKES NO EXPRESS WARRANTIES EXCEPT AS CONTAINED IN THIS WARRANTY, AND,TO THE FULL EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIESIMPLIED WARRANTIES REGARDING THE QUALITY, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO OTHER CHARACTERISTICS OF THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, WARRANTED PRODUCT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR OF A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN UNDER NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) CIRCUMSTANCES SHALL IMPERIAL BE LIABLE FOR ANY DIRECT, ACTUALPROPERTY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES INCLUDING,WITHOUT LIMITATION, DAMAGES TO THE BUILDING WHERE THE WARRANTED PRODUCTS ARE INSTALLED OR TO IT’S CONTENTS, OCCUPIERS, INSTALLERS,WHETHER BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, CONTRACT OR ANY OTHER THEORY, EVEN IN THE EVENT THAT IMPERIAL HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION CLAIM OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS,WHICH VARY FROM STATE TO STATE. IMPERIAL SHAKE CO. LIMITED WARRANTY REGISTRATION C ##### Owner’s Name Street Address of installation City State Zip Code Product Type: PRODUCT TYPE SIZE GRADE PERIOD ❐ Split/Resawn 1/2 x 18” #1 Grade 20 Yrs ❐ Split/Resawn 1/2 x 24” #1 Grade 30 Yrs ❐ Split/Resawn 1/2 x 24” #1 Grade ‘Premium Select’ 35 Yrs ❐ Split/Resawn 1/2 x 24” Premium 100% VG 35 Yrs PRODUCT TYPE SIZE GRADE PERIOD ❐ Split/Resawn 3/4 x 18” #1 Grade 30 Yrs ❐ Split/Resawn 3/4 x 24” #1 Grade 40 Yrs ❐ Split/Resawn 3/4 x 24” #1 Grade ‘Premium Select’ 50 Yrs ❐ Split/Resawn 3/4 x 24” #Premium 100% VG 50 Yrs Date of completed installation Installation Company Material Cost Number of Squares Address Phone Installer’s Name Homeowner’s Signature Note: Please retain a copy of this form for your records. Fax Signature Date Fill out this form after job completion. Attach five (5) IMPERIAL Shake Labels and a copy of your Roofing Contract or Purchase Invoice and send this form within THIRTY (30) DAYS via Registered mail to: IMPERIAL SHAKE CO. LTD, P.O. Box 1596, Sumas, WA 98295-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.1596

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICESFULLEST EXTENT PERMITTED BY APPLICABLE LAW, EQUIPMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATIONCONTRACT, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESGOODWILL, OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER METHOD, REGARDLESS FORM OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUALINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER KIND. EACH PARTY’S PERFORMANCE MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERNOT INSURED, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID LESSER OF $1,000,000 OR THE COST OF THE WORK. REXEL USA DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY CUSTOMER BUT NOT REQUIRED OF REXEL USA BY THE STATEMENT OF WORK. ANY ACTION BY EITHER PARTY MUST BE BROUGHT WITHIN 18 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION. THIS PROVISION EXTENDS TO PROVIDER IN THE THREE BENEFIT OF REXEL USA’S PARENT, SUBSIDIARIES, AFFILIATES, VENDORS (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERINCLUDING ROCKWELL AUTOMATION, INC.), AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESAlthough Tireco has attempted to provide accurate information on the site, EXPRESS,IMPLIEDit makes no guarantee or warranty, STATUTORY 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 ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMHER OWN RISK. USER EXPRESSLY UNDERSTANDS AND AGREES THAT, WITH RESPECT TO THE SERVICESFULLEST EXTENT PROVIDED BY LAW, EQUIPMENTTHE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, AND ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS PURPOSE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENTINFRINGEMENT ARE SPECIFICALLY DISCLAIMED. PROVIDERDOES NEITHER TIRECO 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 REPRESENTLIMITED TO ANY LOST PROFITS, WARRANT LOSS OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DAMAGE TO DATA, OR BE SECUREANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR TO THE FULLEST EXTENT PROVIDED BY LAW, THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF TIRECO, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION, USE OF USER INFORMATION THROUGH THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHODMEANS. TIRECO IS NOT LIABLE FOR CRIMINAL, REGARDLESS TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCETHIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL PROVIDER TIRECO OR ANY OF ITS AFFILIATEAFFILIATES, SERVICE PROVIDERAGENTS, FACILITY OPERATOR EMPLOYEES, ASSIGNS OR CARRIERTHIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL TIRECO OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERSAGENTS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) ASSIGNS BE HELD LIABLE FOR ANY DIRECTDAMAGE TO EQUIPMENT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE HARDWARE OR OTHER DAMAGES, PROPERTY OF USER OR FOR ANY COST PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERSITE. THE PROVIDER PARTIES’ MAXIMUM TOTAL FOREGOING DOES NOT AFFECT ANY LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT THAT CANNOT BE LIABLE IN ANY WAY TO ANY USEREXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT PURCHASE THE TOKENS. IF YOU DO NOT AGREE TO ALL WARRANTIESOF THE PROVISIONS OF THIS AGREEMENT, EXPRESS,IMPLIEDYOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE EITHER THE WEBSITE, STATUTORY THE PLATFORM OR ITS SERVICES. CITIZENS AND RESIDENTS OF THE USA, THE PEOPLE’S REPUBLIC OF CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA ARE NOT ELIGIBLE TO PURCHASE THE TOKENS AND MUST NOT BUY THE TOKENS. DUE TO THE COMPANY’S PRODUCTS BEING OFFERED ON THE INTERNET (MEANING BOTH THE WORLD WIDE WEB AND THE ETHEREUM BLOCKCHAIN) THE COMPANY UNDERSTANDS THAT THERE IS A POSSIBILITY THAT THERE MIGHT BE A CERTAIN FLOW OF THE TOKENS INTO THE USA, CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA OR TO THE CITIZENS OR RESIDENTS OF THE MENTIONED COUNTRIES. THE COMPANY WILL BEAR NO RESPONSIBILITY AND YOU UNCONDITIONALLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY OR NEED FOR INDEMNIFICATION ARISING FROM THE PURCHASE OF TOKENS BY YOU AS A COURSE CITIZEN OR RESIDENT OF DEALING OR PERFORMANCE OR CUSTOM, THE ABOVE MENTIONED COUNTRIES IF YOU PURCHASE TOKENS. WITH RESPECT REGARD TO THE SERVICES, EQUIPMENT, OTHER JURISDICTIONS IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT CONFIRM THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS PURCHASE OF DATA, OR BE SECURETHESE TOKENS IS PERMITTED IN THE COUNTRY OF YOUR RESIDENCE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE YOU SHOULD NOT AND ARE NOT ALLOWED TO PARTICIPATE IN THIS TOKEN SALE IF LEGAL RESTRICTIONS FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION THESE TYPES OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA TRANSACTIONS EXIST IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS YOUR COUNTRY OF WHETHER SUCH DAMAGE OCCURS RESIDENCE. LIABILITY AND RESPONSIBILITY FOR VIOLATION OF THE LAWS OF YOUR COUNTRY AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO CONCERNS THIS TOKEN SALE AND THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERSHALL REST SOLELY AND COMPLETELY ON YOU.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR KINDOR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR AGREEMENTOR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO MNINET AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT MNINET RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, MNINET AND MNINET RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT MNINETOR A MNINET RELATED PARTY TAKES ACTION WITH RESPECT TO A .ms DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY MNINET Networks Limited, A FAILURE OF MNINETRELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTMNINET COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT MNINET AND MNINET RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF MNINET OR OMISSIONS OFMNINET RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MNINET OR MNINET RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, MNINET AND MNINET RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE- DELEGATION OF THE .ms TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF MNINET OR MNINET RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MNINET OR MNINET RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR MNINET OR MNINET RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF MNINET OR MNINET RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO MNINET OR MNINET RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER COMMERCE DOES NOT MAKE OR GIVE, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS,REPRESENTATIONS OR CONDITIONS, BOTH EXPRESSED OR IMPLIED, STATUTORY ARISING BY STATUTE OR ARISING OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDERUSAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES ANY IMPLIED WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITYMERCHANTABLITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR ANY PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNERPARTICULAR, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS SPECIFIC OR CURRENCY OTHERWISE OR ANY WARRANTY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND TITLE OR NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT FOR ANY OF THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDPROCESSING, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILESSERVICES, PROGRAMS, PROCEDURES SPECIFICATIONS, STANDARDS, SOFTWARE, HARDWARE OR INFORMATIONFIRMWARE CREATED, INCLUDINGSUPPLIED, REQUIRED, LICENSED OR APPROVED BY COMMERCE OR REFERENCED IN THIS AGREEMENT. WITHOUT LIMITATIONLIMITING CUSTOMER’S RIGHT TO INDEMNIFICATION AS SET FORTH IN SECTION 12 OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT COMMERCE’S LIABILITY RELATED TO ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS CLAIM ASSOCIATED WITH THIS AGREEMENT IS LIMITED TO ACTUAL DAMAGES SUSTAINED BY CUSTOMER THAT ARE A DIRECT RESULT OF PROVIDERCOMMERCE’S OR FAILURE TO ABIDE BY THIS AGREEMENT. CUSTOMER MUST BRING ANY ACTION WITH RESPECT TO SUCH CLAIM WITHIN ONE (1) YEAR AFTER IT AROSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT NEITHER PARTY NOR ANY OF ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF ANY OF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR FOR ANY COST COUNTERCLAIM ARISING OUT OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED RELATING TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE ANY OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERTRANSACTIONS CONTEMPLATED HEREBY.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICE. WITH RESPECT TO THIS WEBSITE AND THE CONTENT THEREIN OR THEREON, EXCEPT AS EXPRESSLY PROVIDED ON OR IN THIS WEBSITE OR IN ANY AGREEMENT INTO WHICH USER OR OPTIONS & XXXXXXX, XXX. (DOING BUSINESS AS OPTIS) MAY ENTER, THERE ARE NO WARRANTIES, EXPRESS,REPRESENTATIONS, CONDITIONS OR INDEMNITIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FAILURE TO ACHIEVE PURPOSE, QUIET ENJOYMENT, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT USAGE OF TRADE ARE EXPRESSLY DISCLAIMED. TO THE SERVICESMAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EQUIPMENTOPTIS DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, AND ANY OTHER PROVIDER PRODUCTSPUNITIVE, SERVICES INCIDENTAL OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION PROFITS) ARISING OUT OF CUSTOMER’S OR A THIS USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, 'S USE OF THIS WEBSITE OR ANY OTHER METHODINFORMATION FOUND THEREIN OR THEREON, REGARDLESS EVEN IF OPTIS HAS BEEN APPRISED OF WHETHER THE POSSIBILITY OF SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCEDAMAGES. IN NO EVENT WILL PROVIDER OR EVENT, SHALL OPTIS AND ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS', OFFICERS', EMPLOYEES OR AGENTS (COLLECTIVELYEMPLOYEES', “PROVIDER PARTIES”) BE LIABLE AGENTS', CONTRACTORS' AND AFFILIATES' MAXIMUM COLLECTIVE TOTAL LIABILITY FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE CLAIM WHATSOEVER, ARISING FROM INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDEROTHERWISE, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSEXCEED ONE HUNDRED DOLLARS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERThese exclusions and limitations shall apply to the maximum extent permitted by applicable laws.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, EXPRESS,XXXXX DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES AS TO UNINTERRUPTED OR PERFORMANCE OR CUSTOMERROR FREE TRANSACTIONS, WITH RESPECT TO THE SERVICESPRIVACY, EQUIPMENTSECURITY, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN OR THOSE ARISING OUT OF A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS COURSE OF DEALING OR CURRENCY USAGE OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCETRADE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) XXXXX BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR FOR ANY COST LACK OF COVER AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERECONOMIC DAMAGES, ARISING FROM OUT OF THE PRODUCTS PROVIDED BY XXXXX OR OTHERWISE RELATED TO THIS AGREEMENT AGREEMENT, EVEN IF XXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE CLAIM. IN NO CASE WILL XXXXX'X TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF OBLIGATIONS HEREUNDERCONTRACT, A FAILURE OF OR A DEFECT IN THE SERVICESNEGLIGENCE, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTGROSS NEGLIGENCE, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT OTHERWISE) BE LIABLE FOR MORE THAN THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT FOR THE SPECIFIC PRODUCT TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE WHICH THE CLAIM ACCRUEDRELATES. THE PROVIDER PARTIES IN NO EVENT WILL NOT XXXXX BE LIABLE IN ANY WAY TO ANY USERCUSTOMER FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESEXCEPT FOR THE REPRESENTATION AND WARRANTY OF TITLE SET FORTH IN SECTION 5.1(e) AND SELLER’S DUTY TO INDEMNIFY AND DEFEND SET FORTH IN SECTION 7.3(c), EXPRESS,THE AIRCRAFT IS BEING SOLD AND DELIVERED TO PURCHASER IN ITS “AS IS, WHERE IS” CONDITION NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT. SELLER DOES NOT MAKE, GIVE, OR EXTEND ANY OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR WHETHER ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMIN LAW, WITH RESPECT TO THE SERVICESIN EQUITY, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATACONTRACT, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONIN TORT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSIONIMPLIED WARRANTY OF MERCHANTABILITY, CUSTODY OR CONTROLAIRWORTHINESS, THROUGH ACCIDENTDESIGN, FRAUDULENT MEANS OR DEVICESCONDITION, OR FITNESS FOR A PARTICULAR USE. EXCEPT FOR THE REPRESENTATION AND WARRANTY OF TITLE SET FORTH IN SECTION 5.1(e) AND SELLER’S DUTY TO INDEMNIFY AND DEFEND SET FORTH IN SECTION 7.3(c), NO WARRANTY OR REPRESENTATION OF ANY KIND SHALL SURVIVE CLOSING, PURCHASER IS RELYING ONLY ON THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT AND ITS INDEPENDENT REVIEW OF THE AIRCRAFT, AND PURCHASER IS NOT RELYING UPON ANY OTHER METHODREPRESENTATION, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S STATEMENT OR ITS SERVICE PROVIDER’S NEGLIGENCEOTHER ASSERTION WITH RESPECT TO THE AIRCRAFT. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DIRECT, ACTUALSPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO OUT OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERAGREEMENT.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent permitted by law, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO MNINET AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT MNINET RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY MNINET RELATED PARTIES), OR OTHERWISE. ADDITIONALLY, MNINET AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MNINET RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT MNINET OR NATURE WHATSOEVER, ARISING FROM OR A MNINET RELATED PARTY TAKES ACTION WITH RESPECT TO A .MS DOMAIN NAME PURSUANT TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE .MS TLD Policies, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY MNINET, A FAILURE OF MNINET RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTMNINET COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MNINET AND MNINET RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF MNINET OR OMISSIONS OFMNINET RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MNINET OR MNINET RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES OR, AT THE SOLE DISCRETION OF MNINET, A FAILURE REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR A DEFECT REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, MNINET AND MNINET RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY PRODUCT INFORMATION OR SERVICE OTHER SERVICES PROVIDED BYUNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE- DELEGATION OF THE .MS TOP LEVEL DOMAIN NAME, OR VIOLATION BREACH OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDERSECURITY, FACILITY OPERATOR EVEN IF MNINET OR CARRIERMNINET RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MNINET OR MNINET RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE PROVIDER REGISTRANT'S SOLE REMEDY FOR MNINET OR MNINET RELATED PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED BREACH OF THIS AGREEMENT OR NEGLIGENCE SHALL BE, AT THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN SOLE DISCRETION OF MNINET OR MNINET RELATED PARTIES, THE THREE RESUPPLY OF THE SERVICESOR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (3) MONTHS PRECEDING IF THE DATE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE CLAIM ACCRUEDREGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO MNINET OR MNINET RELATED PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERBY THE REGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO XXXXXX.xx AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT XXXXXX.xx RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, XXXXXX.xx AND XXXXXX.xx RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT XXXXXX.xx OR A PROVIDER PARTY’S PERFORMANCE XXXXXX.xx RELATED PARTY TAKES ACTION WITH RESPECT TO A XXXXXX.xx cmTLD DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY XXXXXX.xx, A FAILURE OF XXXXXX.xx RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTXXXXXX.xx COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT XXXXXX.xx AND XXXXXX.xx RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF XXXXXX.xx OR OMISSIONS OFXXXXXX.xx RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF XXXXXX.xx OR XXXXXX.xx RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, XXXXXX.xx AND XXXXXX.xx RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE XXXXXX.xx cmTLD TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF XXXXXX.xx OR XXXXXX.xx RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF XXXXXX.xx OR XXXXXX.xx RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR XXXXXX.xx OR XXXXXX.xx RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF XXXXXX.xx OR XXXXXX.xx RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO XXXXXX.xx OR XXXXXX.xx RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERXXXXXXXXXX.

Disclaimer and Limitation of Liability. PROVIDER EXCEPT AS TO TITLE AND FREEDOM FROM LIENS OR ENCUMBRANCES, EACH AIRCRAFT AND EACH PART THEREOF IS BEING SOLD AND DELIVERED TO PURCHASER IN “AS IS, WHERE IS, WITH ALL FAULTS” CONDITION AT TIME OF DELIVERY, WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND BEING MADE OR GIVEN BY SELLER, ITS SHAREHOLDERS. DIRECTORS, MEMBERS, MANAGERS, OFFICERS, AGENTS, EMPLOYEES, ATTORNEYS OR ASSIGNS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE AND SELLER DISCLAIMS ALL WARRANTIESEXPRESS OR IMPLIED WARRANTIES WHETHER ARISING IN LAW, EXPRESS,IMPLIEDIN EQUITY, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATACONTRACT, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONIN TORT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSIONIMPLIED WARRANTY OF MERCHANTABILITY, CUSTODY OR CONTROLAIRWORTHINESS, THROUGH ACCIDENTDESIGN, FRAUDULENT MEANS OR DEVICESCONDITION, OR FITNESS FOR A PARTICULAR USE. PURCHASER HEREBY WAIVES, RELEASES AND RENOUNCES ANY OTHER METHODCLAIM (INCLUDING, REGARDLESS WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE CAUSED BY AN AIRCRAFT OR BY PURCHASER’S LOSS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT USE THEREOF FOR ANY REASON WHATSOEVER, EXCEPT FOR ANY CLAIM ARISING OUT OF PROVIDERSELLER’S COVENANT OF TITLE AND FREEDOM FROM LIENS OR ITS SERVICE PROVIDER’S NEGLIGENCEENCUMBRANCES. IN NO EVENT WILL PROVIDER OR ITS AFFILIATEWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) SELLER SHALL NOT BE LIABLE OR RESPONSIBLE TO PURCHASER FOR ANY DIRECTDEFECTS, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE EITHER PATENT OR OTHER DAMAGESLATENT IN AN AIRCRAFT, OR FOR ANY COST DIRECT OR INDIRECT DAMAGE TO PERSONS OR PROPERTIES RESULTING THEREFROM OR FOR PURCHASER’S LOSS OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE USE OF OR A DEFECT DIMINUTION IN VALUE OF THE SERVICES, EQUIPMENT AIRCRAFT OR FOR ANY PRODUCT, A PROVIDER PARTYINTERRUPTION IN PURCHASER’S VIOLATION OF A THIRD PARTYBUSINESS CAUSED BY PURCHASER’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE INABILITY TO USE AN AIRCRAFT FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREASON WHATSOEVER.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS EXCEPT FOR NCM-OWNED APPS AND WEBSITES, NCM DOES NOT MAINTAIN ANY OF THE ADVERTISING LOCATIONS, MEDIA, OR TECHNOLOGY AND MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION OR AVAILABILITY OF SUCH LOCATIONS, MEDIA, OR TECHNOLOGY. NCM PROVIDES ALL SERVICES, MEDIA, AND NCM CONTENT "AS-IS" AND "AS- AVAILABLE." NCM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMSTATUTORY, WITH RESPECT TO REGARDING THE SERVICES, EQUIPMENTMEDIA, OR NCM CONTENT. NCM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDERWARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-OR NON- INFRINGEMENT. PROVIDERDOES ADVERTISER IS SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING FROM THE ADVERTISING AND ADVERTISER CONTENT, AND NCM WILL NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS LOSS OR DAMAGE TO ANY ADVERTISING OR ALTERATIONADVERTISER CONTENT. NCM’S TOTAL CUMULATIVE LIABILITY, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILESWHETHER IN CONTRACT, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESTORT, OR ANY OTHER METHODOTHERWISE, REGARDLESS WILL NOT EXCEED THE AMOUNT OF WHETHER FEES PAID TO NCM UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCELIABILITY. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NCM BE LIABLE FOR ANY DIRECT, ACTUALCONSEQUENTIAL, INDIRECT, CONSEQUENTIALEXEMPLARY, PUNITIVE, SPECIAL, PUNITIVE OR OTHER INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST DATA, LOST REVENUE OR FOR ANY COST PROFITS, OR COSTS OF COVER PROCUREMENT OF SUBSTITUTE GOODS OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERSERVICES, ARISING FROM OR RELATED RELATING TO THIS AGREEMENT OR A PROVIDER PARTYAGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF NCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVERTISER’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERSOLE AND EXCLUSIVE REMEDY FOR NCM’S FAILURE TO DISPLAY ADVERTISING AS SET FORTH ON THE ORDER WILL BE FOR NCM TO MAKE AVAILABLE TO ADVERTISER AN ALTERNATIVE TIME PERIOD, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTLOCATION, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE MEDIA OF REASONABLY COMPARABLE VALUE FOR THE ACTS OR OMISSIONS OFDISPLAY OF SUCH ADVERTISING (“MAKE-GOOD”). ADVERTISER MUST (I) REQUEST EACH MAKE-GOOD IN WRITING WITHIN ONE MONTH AFTER EACH FAILURE, A FAILURE OF OR A DEFECT IN AND (II) SCHEDULE MAKE-GOOD ADVERTISING FOR DISPLAY WITHIN ONE YEAR FOLLOWING SUCH FAILURE. NCM DOES NOT GUARANTEE THAT MAKE-GOOD WILL BE AVAILABLE FOR ANY PRODUCT OR SERVICE PROVIDED BYPARTICULAR TIME PERIOD, LOCATION, MEDIA, RATING, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERIMPRESSION COUNT.

Disclaimer and Limitation of Liability. PROVIDER NCM PROVIDES ALL NCM CONTENT AND ALL SERVICES PERFORMED BY NCM UNDER THIS AGREEMENT "AS-IS" AND "AS-AVAILABLE." NCM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE NCM CONTENT OR SUCH SERVICES, AND ADVERTISER HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES OF NCM REGARDING THE NCM CONTENT OR SUCH SERVICES. NCM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO REPRESENTATIONS AND WARRANTIES REGARDING THE NCM CONTENT AND SUCH SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. PROVIDERDOES NCM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT REPRESENT, WARRANT OR COVENANT THAT EXCEED THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS AMOUNT OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS FEES ACTUALLY PAID TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY NCM UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCELIABILITY. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NCM BE LIABLE FOR ANY DIRECT, ACTUALCONSEQUENTIAL, INDIRECT, CONSEQUENTIALEXEMPLARY, PUNITIVE, SPECIAL, PUNITIVE OR OTHER INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST DATA, LOST REVENUE OR FOR ANY COST PROFITS, OR COSTS OF COVER PROCUREMENT OF SUBSTITUTE GOODS OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERSERVICES, ARISING FROM OR RELATED RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF NCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY UNEXCUSED FAILURE BY NCM TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT OR A PROVIDER PARTYWILL AFFECT ONLY THE OBLIGATION WITH RESPECT TO WHICH THE FAILURE OCCURRED AND WILL IN NO WAY AFFECT ANY OTHER OBLIGATIONS OF NCM UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, ADVERTISER’S PERFORMANCE OR NONPERFORMANCE SOLE AND EXCLUSIVE REMEDY FOR NCM’S FAILURE TO EXHIBIT THE ADVERTISING AS SET FORTH ON THE ORDER WILL BE FOR NCM TO “MAKE-GOOD” (MAKE AVAILABLE TO ADVERTISER AN ALTERNATIVE TIME PERIOD OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE REASONABLY COMPARABLE VALUE FOR THE ACTS RE-EXHIBITION OF SUCH ADVERTISING). MAKE-GOOD IS ONLY AVAILABLE UPON ADVERTISER’S WRITTEN REQUEST RECEIVED BY NCM WITHIN ONE MONTH OF THE APPLICABLE FAILURE AND MUST BE DISPLAYED WITHIN ONE YEAR FOLLOWING THE APPLICABLE FAILURE. ADVERTISING SHALL BE RUN ON PER SCREEN OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION PER THEATRE (AS INDICATED ON THE ORDER)/PER WEEK BASIS AND REGARDLESS OF ANY THIRD PARTY’S RIGHTS BY OTHER LANGUAGE TO THE CONTRARY, NCM HAS NOT MADE AND IS MAKING NO REPRESENTATIONS WITH REGARD TO NUMBER OF IMPRESSIONS. NCM SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE ADVERTISING TO BE DISPLAYED IN ALL APPLICABLE SHOWINGS AT THE RELEVANT THEATRES, BUT NCM DOES NOT GUARANTEE THAT ADVERTISING SHALL BE DISPLAYED IN A SPECIFIC NUMBER OF SHOWINGS AT ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERTHEATRE.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, THE PRODUCTS AND ANY SERVICES PROVIDED BY ECONCEPT IN CONNECTION WITH RESPECT THIS AGREEMENT ARE SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE SERVICESFULLEST EXTENT UNDER APPLICABLE LAW, EQUIPMENTECONCEPT MAKES NO, AND ANY OTHER PROVIDER PRODUCTSDISCLAIMS ALL, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. PROVIDERDOES NOT REPRESENTTHE ECONCEPT PRODUCTS AND ECONCEPT WEBSITE, WARRANT AND OTHER WEBSITES, DATABASES AND/OR COVENANT THAT THIRD PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTS, SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDOTHER LIMITATIONS. Econcept HAS NO LIABILITY, ERROR FREE WHATSOEVER, TO YOU OR WITHOUT DEGRADATION ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CUSTOMER CONTENT OR LOSS TO THE YOUR WEBPAGE OR WEBSITE AS A RESULT OF DATAECONCEPT’S ASSISTANCE IN IMPLEMENTING ANY PRODUCT FEATURES, ANY OTHER PARTY'S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF, OR BE SECUREINABILITY TO USE, ECONCEPT WEBSITES, DATABASES AND/OR PROGRAMS. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS ECONCEPT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY'S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF ECONCEPT'S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE LIABLE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL ECONCEPT OR ANY PARTNER BE RESPONSIBLE FOR UNAUTHORIZED ACCESS ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE OR PROFITS, EVEN IF ECONCEPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESDAMAGES. ECONCEPT WILL NOT BE LIABLE, OR ANY OTHER METHODCONSIDERED IN BREACH OF THE AGREEMENT, REGARDLESS ON ACCOUNT OF WHETHER SUCH DAMAGE OCCURS A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF PROVIDER’S CAUSES OR ITS SERVICE PROVIDER’S NEGLIGENCECONDITIONS THAT ARE BEYOND Econcept'S CONTROL. IN NO EVENT WILL PROVIDER OR ITS AFFILIATEADDITION, SERVICE PROVIDERAND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ECONCEPT'S LIABILITY UNDER ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST CAUSE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ACTION ARISING FROM OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDEROTHERWISE SHALL BE LIMITED TO $500. To the extent any liability of Econcept cannot be disclaimed, A FAILURE OF OR A DEFECT IN THE SERVICESexcluded or limited under applicable law, EQUIPMENT OR ANY PRODUCTsuch liability shall be disclaimed, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERexcluded and limited to the fullest extent permitted under applicable law.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESS,THE “VENDOR SERVICE” IS BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND INCLUDING ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, SATISFACTORY QUALITY, ACCURACY, COMPLETENESS TITLE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT REPRESENTPERMIT THEM. VENDOR AND EDUCATIONAL INSTITUTION MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE VENDOR SERVICE FOR USE FOR YOUR PURPOSES, WARRANT EXCEPT AS OTHERWISE PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER EDUCATIONAL INSTITUTION, VENDOR, NOR ENTERPRISE CUSTOMER, NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR COVENANT THAT THE PRODUCTSCONTRACTORS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE YOU FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, PUNITIVE OR OTHER DAMAGESINCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE VENDOR SERVICE FOR ANY REASON, OR FOR WITH ANY COST OF COVER OR LOST PROFITS THE TERMS AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVERTHIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE VENDOR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF VENDOR, EDUCATIONAL INSTITUTION AND Enterprise Customer AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES AND AGENTS, TO YOU ARISING FROM OUT OF OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT WILL BE LIMITED IN THE SERVICESAGGREGATE TO DIRECT DAMAGES UP TO THE AMOUNT OF FIVE DOLLARS (USD $5.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERWHICHEVER IS GREATER.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY THE LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH THE PRODUCTS. IN NO EVENT SHALL QUANTUM BE LIABLE TO CUSTOMER OR ARISING FROM A COURSE ANY THIRD PARTY UNDER ANY THEORY OF DEALING LIABILITY FOR LOST PROFITS AND/OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTSINDIRECT, SERVICES INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EQUIPMENT PROVIDED HEREUNDERPUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONHOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY SUCH (I) LOSS OF REVENUE, BUSINESS OR USE; (II) LOSS OF ANTICIPATED SAVINGS; (III) LOSS OF ACTUAL OR ANTICIPATED BUSINESS AND/OR GOODS; (IV) LOSS OF GOODWILL; (V) LOSS AND/OR CORRUPTION OF DATA IN PROVIDER’S POSSESSIONAND/OR OTHER INFORMATION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS (VI) LOSS AS A RESULT OF PROVIDER’S THIRD PARTY CLAIMS; AND/OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”VII) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY THE COST OF COVER PROCURING REPLACEMENT GOODS AND/OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS AVOIDANCE OF DOUBT, THE TYPES OF LOSS AND/OR OMISSIONS OF, A FAILURE DAMAGE SPECIFIED IN (I) THROUGH (VII) SHALL NOT CONSTITUTE DIRECT LOSSES FOR THE PURPOSES OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERTHIS XXXX. THE PROVIDER PARTIES’ MAXIMUM TOTAL FOREGOING LIMITATION WILL APPLY EVEN IF QUANTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, QUANTUM’S AGGREGATE LIABILITY TO CUSTOMER WILL NOT EXCEED FOR CLAIMS ARISING FROM THE AMOUNTS PAID SOFTWARE, THE DOCUMENTATION OR THIS XXXX, WHETHER FOR BREACH, INFRINGEMENT, IN TORT, INDEMNIFICATION OR OTHERWISE, SHALL BE LIMITED TO (i) AN AMOUNT EQUAL TO THE LICENSE FEES (EXCL. TAXES) ACTUALLY RECEIVED BY CUSTOMER TO PROVIDER IN QUANTUM FOR CUSTOMER’S USE OF THE SOFTWARE DURING THE THREE (3) MONTHS MONTH PERIOD PRECEDING CUSTOMER’S INITIAL NOTICE TO QUANTUM OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER, AND (ii) IN THE DATE AGGREGATE, ALL CLAIMS COMBINED, AN AMOUNT EQUAL TO FIFTY PERCENT OF THE CLAIM ACCRUEDLICENSE FEES (EXCL TAXES) ACTUALLY RECEIVED BY QUANTUM HEREUNDER FOR CUSTOMER’S USE OF THE SOFTWARE. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERFor the avoidance of doubt, Quantum shall have no liability or responsibility for problems in the Software, Documentation or other deliverables caused by misuse or the malfunction of the network or any third party software, hardware or equipment or any other cause not attributable to Quantum. The parties acknowledge that the limitations of liability and the allocation of risk herein are an essential element of the bargain between the parties, without which Quantum would not have entered into this XXXX. Quantum’s pricing reflects this allocation of risk and the limitations of liability specified herein.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO CXDA AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT CXDA RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, CXDA AND CXDA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT CXDA OR A PROVIDER PARTY’S PERFORMANCE CXDA RELATED PARTY TAKES ACTION WITH RESPECT TO A .cx DOMAIN NAME, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY CXDA, A FAILURE OF CXDA RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTCXDA COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT CXDA AND CXDA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF CXDA OR OMISSIONS OFCXDA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF CXDA OR CXDA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, CXDA AND CXDA RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .cx TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF CXDA OR CXDA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF CXDA OR CXDA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR CXDA OR CXDA RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF CXDA OR CXDA RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO CXDA OR CXDA RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERXXXXXXXXXX.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO ANL AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT ANL RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, ANL AND ANL RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT ANL OR A PROVIDER PARTY’S PERFORMANCE ANL RELATED PARTY TAKES ACTION WITH RESPECT TO A .gs DOMAIN NAME, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY ANL, A FAILURE OF ANL RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTANL COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT ANL AND ANL RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF ANL OR OMISSIONS OFANL RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF ANL OR ANL RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, ANL AND ANL RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .gs TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF ANL OR ANL RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF ANL OR ANL RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR ANL OR ANL RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF ANL OR ANL RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO ANL OR ANL RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESNOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, EXPRESS,IMPLIED, STATUTORY IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ARISING FROM A COURSE OF DEALING TO ANY OTHER PERSON OR PERFORMANCE OR CUSTOM, ENTITY WITH RESPECT TO THE SERVICESANY SUBJECT MATTER OF THIS AGREEMENT, EQUIPMENTUNDER ANY EQUITY, AND COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY OTHER PROVIDER PRODUCTS(A) SPECIAL, SERVICES CONSEQUENTIAL OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS INDIRECT DAMAGES OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR (B) DAMAGES RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, DATA, OPPORTUNITY OR BE SECUREGOODWILL, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF THE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS NOTWITHSTANDING THE FOREGOING, THIS SECTION 22 SHALL NOT APPLY TO OR ALTERATION, THEFT OTHERWISE LIMIT INCIDENTIAL DAMAGES CAUSED BY SUPPLIER OR DESTRUCTION DAMAGES ARISING OUT OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT (i) SUPPLIER’S BREACH OF SECTION 9 (CONFIDENTIALITY AND PROHIBITED ACTIVITIES, (ii) A BREACH BY EITHER APPLIED OR SUPPLIER OF SECTION 11 (INTELLECTUAL PROPERTY RIGHTS), (iii) THE FRAUD OR WILLFUL MISCONDUCT OF APPLIED OR SUPPLIER, (iv) SUPPLIER’S OBLIGATIONS UNDER SECTION 23 (INDEMNITY) TO THE EXTENT THE INDEMNIFIED LIABILITIES (AS DEFINED THEREIN) ARISE FROM OR RELATE TO A PROVIDER PARTY’S PERFORMANCE CLAIM, DEMAND, SUIT, ACTION OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF PROCEEDING BROUGHT OR A DEFECT IN THE SERVICES, EQUIPMENT THREATENED TO BE BROUGHT AGAINST APPLIED BY SUPPLIER OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS (v) PERSONAL INJURY OR OMISSIONSPROPERTY DAMAGE. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.Applied Materials Confidential Information GLOBAL SUPPLY AGREEMENT

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESEXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, ACTIVE POWER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE ITS PRODUCTS AND SERVICES, EQUIPMENTEXPRESS OR IMPLIED, AND INCLUDING ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, NON-INTERFERENCE OR PARTICULAR RESULTS. PROVIDERDOES NOT REPRESENTTHE REMEDIES OF PURCHASER SET FORTH UNDER THE PROVISIONS OF LIMITED WARRANTY OUTLINED ABOVE ARE THE SOLE AND EXCLUSIVE LIABILITY OF ACTIVE POWER WITH RESPECT TO THE PRODUCTS FURNISHED UNDER THE TERMS AND CONDITIONS OF SALE UNDER WHICH SUCH PRODUCTS WERE PURCHASED FROM ACTIVE POWER AND ANY RELATED WARRANTY SERVICES, WARRANT WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECUREOTHERWISE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. ACTIVE POWER SHALL IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE TO PURCHASER, ANY SUCCESSOR IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE RELATING TO THE PRODUCTS FOR ANY DIRECTCONSEQUENTIAL, ACTUALINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, SPECIAL OR PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE EVEN IF ACTIVE POWER WAS ADVISED OF OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW A DEFECT LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS. IN THE SERVICESSUCH JURISDICTINS, EQUIPMENT SOME EXCLUSIONS OR ANY PRODUCTLIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO PURCHASER. Active Power’s maximum liability shall not exceed the purchase price paid for the Product upon which such liability is based. Active Power reserves the right to elect, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTin its sole discretion, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE to give Purchaser a refund of Purchaser’s purchase price payments (3less interest) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERinstead of a repaired or replaced Product.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUD- ED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITYNONINFRINGEMENT, TITLE, QUIET ENJOYMENT ENJOYMENT, DATA ACCURACY AND NON-INFRINGEMENTSYSTEM INTEGRATION. PROVIDERDOES THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS CONTENT WILL BE LIABLE FOR UNAUTHORIZED ACCESS UNINTERRUPTED OR ERROR FREE. TO OR ALTERATIONTHE MAXIMUM EXTENT PERMITTED BY LAW, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WE WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION DAMAGES OF ANY THIRD PARTY’S RIGHTS KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY ANY THIRD-PARTY SERVICE PROVIDERAPPLICABLE LAW, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM OUR TOTAL LIABILITY TO CUSTOMER WILL YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNTS AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER YOU TO PROVIDER IN US DURING THE THREE (3) MONTHS MONTH IMMEDIATELY PRECEDING THE DATE THE CLAIM ACCRUEDACT ALLEGEDLY GIVING RISE TO OUR LIABILITY. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERTYPOGRAPHICAL ERRORS In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES15.1 THE NETWORK AND ANY SERVICES OR SOFTWARE WE PROVIDE, EXPRESS,IMPLIEDAND THE USE AND RESULTS OF ANY OF THEM, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT ARE PROVIDED "AS IS". WE EXPRESSLY DISCLAIM TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, EQUIPMENTIMPLIED OR STATUTORY), RELATING TO THE NETWORK AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, SOFTWARE WE PROVIDE TO YOU. THIS INCLUDES IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY. WE ALSO DISCLAIM ANY WARRANTY THAT: THE NETWORK AND ANY SERVICES OR SOFTWARE WE PROVIDE WILL BE UNINTERRUPTED OR ERRORFREE; THAT DEFECTS WILL BE CORRECTED; THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT; OR REGARDING CORRECTNESS, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATIONRELIABILITY. IN PARTICULAR, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT WE MAKE NO WARRANTY THAT OUR METHODS AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS SYSTEMS FOR TRACKING TRANSACTIONS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO UNINTERRUPTED OR ALTERATIONERROR-FREE, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER AND WE WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION CONSEQUENCES OF ANY THIRD PARTY’S RIGHTS BY INTERRUPTIONS OR ERRORS. NO WARRANTY IS MADE AS TO THE ACTIONS OF ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERMERCHANTS.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESHONEYWELL AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT THAT THE SYSTEM WILL MEET THE REQUIREMENTS OF BUYER OR ANY USERS OR THAT THE OPERATION OR USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, EXPRESS,IMPLIEDHONEYWELL AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT THAT MESSAGES, STATUTORY DATA TRANSMISSIONS OR ARISING FROM A COURSE COMMUNICATIONS THROUGH OR IN CONNECTION WITH THE SYSTEM WILL BE ACCURATELY OR SUCCESSFULLY TRANSMITTED OR RECEIVED BY USERS AND/OR BUYERS. BUYER ACKNOWLEDGES AND AGREES THAT (i) USERS MAY IGNORE OR OVERRIDE ANY SUCH MESSAGES, DATA TRANSMISSIONS OR COMMUNICATIONS AND (ii) HONEYWELL AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT THAT SUCH MESSAGES, DATA TRANSMISSIONS OR COMMUNICATIONS OR USE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE SYSTEM WILL RESULT IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS CHANGE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT REDUCTION IN POWER USAGE BY ANY USER OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR PREVENT ANY LOSS OF DATA, POWER OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO REDUCTION IN AVAILABLE POWER OR ALTERATION, THEFT PREVENT ANY POWER SURGES OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCEPOWER SPIKES. IN NO EVENT WILL PROVIDER HONEYWELL OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DIRECTSPECIAL, ACTUALINCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER EXEMPLARY DAMAGES, WHETHER ARISING OUT OF OR FOR ANY COST AS A RESULT OF COVER BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVEROTHERWISE, ARISING FROM FROM, RELATING TO OR RELATED TO CONNECTED WITH (I) THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN ADR SUPPLEMENT; (II) THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.SYSTEM;

Disclaimer and Limitation of Liability. PROVIDER NCM PROVIDES ALL NCM CONTENT AND ALL SERVICES PERFORMED BY NCM UNDER THIS AGREEMENT "AS-IS" AND "AS-AVAILABLE." NCM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE NCM CONTENT OR SUCH SERVICES, AND ADVERTISER HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES OF NCM REGARDING THE NCM CONTENT OR SUCH SERVICES. NCM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO REPRESENTATIONS AND WARRANTIES REGARDING THE NCM CONTENT AND SUCH SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. PROVIDERDOES NCM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT REPRESENT, WARRANT OR COVENANT THAT EXCEED THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS AMOUNT OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS FEES ACTUALLY PAID TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY NCM UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCELIABILITY. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NCM BE LIABLE FOR ANY DIRECT, ACTUALCONSEQUENTIAL, INDIRECT, CONSEQUENTIALEXEMPLARY, PUNITIVE, SPECIAL, PUNITIVE OR OTHER INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST DATA, LOST REVENUE OR FOR ANY COST PROFITS, OR COSTS OF COVER PROCUREMENT OF SUBSTITUTE GOODS OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERSERVICES, ARISING FROM OR RELATED RELATING TO THIS AGREEMENT OR A PROVIDER PARTYAGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF NCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, ADVERTISER’S PERFORMANCE OR NONPERFORMANCE SOLE AND EXCLUSIVE REMEDY FOR NCM’S FAILURE TO EXHIBIT THE ADVERTISING AS SET FORTH ON THE ORDER WILL BE FOR NCM TO “MAKE-GOOD” (MAKE AVAILABLE TO ADVERTISER AN ALTERNATIVE TIME PERIOD OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE REASONABLY COMPARABLE VALUE FOR THE ACTS RE-EXHIBITION OF SUCH ADVERTISING). MAKE-GOOD IS ONLY AVAILABLE UPON ADVERTISER’S WRITTEN REQUEST RECEIVED BY NCM WITHIN ONE MONTH OF THE APPLICABLE FAILURE AND MUST BE DISPLAYED WITHIN ONE YEAR FOLLOWING THE APPLICABLE FAILURE. ADVERTISING SHALL BE RUN ON PER SCREEN OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION PER THEATRE (AS INDICATED ON THE ORDER)/PER WEEK BASIS AND REGARDLESS OF ANY THIRD PARTY’S RIGHTS BY OTHER LANGUAGE TO THE CONTRARY, NCM HAS NOT MADE AND IS MAKING NO REPRESENTATIONS WITH REGARD TO NUMBER OF IMPRESSIONS. NCM SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE ADVERTISING TO BE DISPLAYED IN ALL APPLICABLE SHOWINGS AT THE RELEVANT THEATRES, BUT NCM DOES NOT GUARANTEE THAT ADVERTISING SHALL BE DISPLAYED IN A SPECIFIC NUMBER OF SHOWINGS AT ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERTHEATRE.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTo the fullest extent permitted by applicable law, EXPRESS,IMPLIEDRMSA hereby assigns to Buyer all of RMSA's rights under all warranties made by the manufacturer of the Equipment. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT WITH RESPECT TO THE EQUIPMENT, STATUTORY RMSA IS ACTING ONLY AS A DISTRIBUTOR IN THE SALE TO BUYER, AND THAT RMSA MAKES NO REPRESENTATION OR ARISING FROM A COURSE WARRANTY OF DEALING ANY KIND, EXPRESS OR PERFORMANCE IMPLIED (EITHER IN FACT OR CUSTOMBY OPERATION OF LAW), WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, PURPOSE OR ANY OTHER METHODMATTER. NO REPRESENTATIVE OF RMSA IS AUTHORIZED TO MAKE ORAL OR WRITTEN WARRANTIES, REGARDLESS PROMISES, OR REPRESENTATIONS AS TO THE EQUIPMENT AND NONE SHALL BE BINDING UPON RMSA UNLESS REDUCED TO WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCERMSA. RMSA SHALL IN NO EVENT WILL PROVIDER OR ITS AFFILIATEEVENT, SERVICE PROVIDERINCLUDING A CLAIM OF NEGLIGENCE, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUALSPECIAL, INDIRECT, CONSEQUENTIALINCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST LOSS OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO PROFITS) IN CONNECTION WITH THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE BREACH THEREOF OR, THE SALE, DELIVERY, INSTALLATION OR NONPERFORMANCE USE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSEQUIPMENT. PROVIDER WILL BUYER AGREES THAT RMSA SHALL NOT BE LIABLE FOR THE ACTS ANY CLAIM BASED ON PRODUCTS OR OMISSIONS "STRICT" LIABILITY OR FOR PERSONAL INJURIES. RMSA MAKES NO REPRESENTATION OR WARRANTY AND DISCLAIMS ALL LIABILITY OF ANY TYPE WHATSOEVER ARISING OUT OF, A FAILURE OF OR A DEFECT IN RELATING TO, ANY PRODUCT ALLEGATION OR SERVICE PROVIDED BYDETERMINATION THAT THE EQUIPMENT, OR VIOLATION THE OPERATION OF THE EQUIPMENT, INFRINGES UPON, OR CONSTITUTES WRONGFUL USE OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDERCOPYRIGHT, FACILITY OPERATOR TRADE SECRET, PATENT OR CARRIEROTHER PROPRIETARY RIGHT. THE PROVIDER PARTIES’ MAXIMUM TOTAL RMSA DISCLAIMS LIABILITY FOR DAMAGE INCURRED IN SHIPMENT TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER OR FROM RMSA. IN THE THREE (3) MONTHS PRECEDING EVENT THAT THE DATE EQUIPMENT IS RECEIVED IN DAMAGED CONDITION, THE CLAIM ACCRUEDCARRIER SHOULD BE NOTIFIED IMMEDIATELY BY BUYER. CLAIMS FOR SUCH DAMAGE SHOULD BE FILED WITH THE PROVIDER PARTIES WILL CARRIER INVOLVED AND NOT BE LIABLE IN ANY WAY TO ANY USERWITH RMSA.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, Client AGREES AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT UNDERSTANDS: THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER COMPANY NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIESREPRESENTATIVES”) IS AN INSURER; THAT Client CURRENTLY HAS AND SHALL ALWAYS MAINTAIN INSURANCE COVERING THE Client FOR USE OF THE SURGICAL GUIDE AND SURGICAL PLAN; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIABLE FOR LIMITED TO ANY DIRECTSUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES, DUE TO ACTIVE OR FOR ANY COST OF COVER PASSIVE SOLE, JOINT OR LOST PROFITS SEVERAL NEGLIGENCE OF ANY KIND OR NATURE WHATSOEVERDEGREE, ARISING FROM BREACH OF CONTRACT, EXPRESS OR RELATED TO THIS AGREEMENT IMPLIED,BREACH OF WARRANTY, EXPRESS OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTIMPLIED, OR A PROVIDER PARTYBY LOSS OR DAMAGE RESULTING FROM THE SURGICAL GUIDE AND/OR THE SURGICAL PLAN. THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR REPRESENTATIVE OF THE COMPANY FOR ANY LOSS, DAMAGE OR EXPENSE DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, PRODUCT OR STRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR FOR CONTRIBUTION OR INDEMNIFICATION, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) COLLECTIVELY FOR COMPANY AND REPRESENTATIVES, AND THIS SHALL BE THE Client’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE SOLE AND EXCLUSIVE REMEDY REGARDLESS OF WHAT LEGAL AUTHORITY IS USED TO DETERMINE THAT THE COMPANY WAS LIABLE FOR THE ACTS INJURY OR OMISSIONS OFLOSS. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR THE LIMITATION OF LIABILITY, DISCLAIMER OR WARRANTIES OR EXCLUSION OF DAMAGES, IS ATTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER PROVISION AND IS A FAILURE SEVERABLE AND INDEPENDENT ELEMENT OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY RISK ALLOCATION AND IS INTENDED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERENFORCED AS SUCH.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTHE PROGRAM, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE GOOGLE PRODUCTS AND SERVICES, EQUIPMENTANY COPY PROTECTION, SECURITY FEATURES AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT THE UPLOADER ARE PROVIDED HEREUNDER, INCLUDING, “AS IS” WITH NO WARRANTIES WHATSOEVER. GOOGLE AND ITS LICENSORS AND THIRD-PARTY SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TOTO TELECOMMUNICATIONS, WARRANTIES OF MERCHANTABILITYSERVER AND HOSTING SERVICES, FITNESS FOR A PARTICULAR PURPOSEPOWER SUPPLIERS, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS OTHER SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIESSERVICE PROVIDERS”) EXPRESSLY DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE PROGRAM, ANY TECHNOLOGY USED IN CONNECTION THEREWITH, THE AUTHORIZED CONTENT, TERRITORY RESTRICTION FEATURES AND TECHNOLOGY AND THE UPLOADER, THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND WARRANTIES AS TO THE PERFORMANCE OF COMPUTERS OR NETWORKS. GOOGLE, ITS LICENSORS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT ANY GOOGLE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE RESULTS OR INFORMATION OBTAINED FROM USE OF GOOGLE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE. EXCEPT FOR ANY PAYMENT OBLIGATIONS SET FORTH IN SECTION 8, IN NO EVENT SHALL GOOGLE, ITS LICENSORS AND SERVICE PROVIDERS BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU UNDERSTAND AND AGREE THAT YOU USE THE PROGRAM AND THE UPLOADER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR AUTHORIZED CONTENT, AND FOR ANY COST DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF COVER DATA THAT RESULTS FROM THE DOWNLOAD OR LOST PROFITS USE OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERUPLOADER.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS (a) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE SERVICE AND ALL DATA IS PROVIDED ON AN “AS IS” BASIS. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, COMPATIBILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY DATA. COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICE OR ANY DATA WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (2) THE SERVICE OR ANY DATA WILL MEET CUSTOMER REQUIREMENTS OR EXPECTATIONS, (3) THE SERVICE OR ANY DATA WILL RESULT IN SALES, (4) ANY DATA WILL BE ACCURATE OR RELIABLE, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICE OR THE SERVER(S) AND/OR OTHER SYSTEMS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FEATURES. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, UNITED STATES POSTAL SERVICE, AND OTHER DELIVERY SERVICES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS,, IMPLIED, STATUTORY STATUTORY, OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDEROTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENTINFRINGEMENT OF THIRD PARTY RIGHTS, WARRANT OR COVENANT THAT ARE HEREBY DISCLAIMED BY COMPANY TO THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS MAXIMUM EXTENT PERMITTED BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERAPPLICABLE LAW.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENTI AGREE THAT Hanover Your Pet LLC, AND ITS AGENTS, WILL NOT BE LIABLE FOR ANY OTHER PROVIDER PRODUCTSDIRECT OR INDIRECT INJURY TO MY PETS THAT ARISES OUT OF, SERVICES OR EQUIPMENT IS OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE FAILURE OR DEFECTIVENESS OF ANY ITEM PROVIDED HEREUNDEROR THE NEGLIGENCE OF ANY SERVICE FURNISHED BY HANOVER YOUR PET LLC. I FURTHER WAIVE ALL CLAIMS AGAINST HANOVER YOUR PET LLC FOR ANY AND ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES IN WHICH A DEFECT, INCLUDINGNEGLIGENT ACT OR FAILURE, BUT OR AN INJURY OR DAMAGE, RESULTS FROM ANY ITEM SUPPLIED OR SERVICE PROVIDED BY HANOVER YOUR PET LLC, OR ITS AGENTS, UNDER THIS AGREEMENT. I UNDERSTAND THAT HANOVER YOUR PET LLC WILL NOT LIMITED TOBE RESPONSIBLE FOR ANY DAMAGES OR LOSS OF MY PET SHOULD MY PET ESCAPE THE PREMISES. I AGREE THAT IN THE EVENT OF A LOSS OR DAMAGE CAUSED BY THE NEGLIGENCE OF HANOVER YOUR PET LLC, THE ONLY REMEDY AVAILABLE TO ME SHALL BE THE REFUND OF ANY MONIES THAT I HAVE PAID HANOVER YOUR PET LLC FOR THE MOST RECENT INVOICE. I AGREE TO BRING ANY SUCH CLAIMS OF NEGLIGENCE TO HANOVER YOUR PET LLC’S ATTENTION IN WRITING WITHIN THREE DAYS OF THE DATE BY WHICH MY SERVICE IS COMPLETE. I UNDERSTAND THAT A FAILURE TO TIMELY BRING ANY SUCH CLAIM UNDER THE TERMS OF THIS PARAGRAPH WILL RESULT IN A FULL AND FINAL WAIVER OF ANY SUCH CLAIM. I FURTHER AGREE TO INDEMNIFY AND HOLD HANOVER YOUR PET LLC HARMLESS AGAINST THIRD PARTIES FOR ANY AND ALL INJURIES AND/OR DAMAGES CAUSED BY MY PETS. HANOVER YOUR PET LLC EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS . I UNDERSTAND THAT I SHALL NOT HOLD HANOVER YOUR PET LLC RESPONSIBLE FOR ANY INCIDENTAL OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT CONSEQUENTAIL DAMAGES RESULTING DIRECTLY OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION INDIRECTLY FROM ANY INJURY TO OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERMY PET(S).

Disclaimer and Limitation of Liability. 20. THE PRODUCTS AND ANY SERVICES PROVIDED BY THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, IN CONNECTION WITH RESPECT THIS AGREEMENT ARE SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE SERVICESFULLEST EXTENT UNDER APPLICABLE LAW, EQUIPMENTPROVIDER MAKES NO, AND ANY OTHER PROVIDER PRODUCTSDISCLAIMS ALL, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. PROVIDERDOES NOT REPRESENTIN NO EVENT SHALL PROVIDER OR ANY PARTNER BE RESPONSIBLE FOR ANY CONSEQUENTIAL, WARRANT INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR COVENANT THAT THE PRODUCTS, SERVICES INDIRECT DAMAGES ARISING FROM OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE RELATING TO THIS AGREEMENT OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE OR PROFITS, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS DAMAGES. THE MAXIMUM AMOUNT OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL LIABILITY FOR PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSARE AMOUNTS PAID BY YOU. PROVIDER WILL NOT BE LIABLE OR CONSIDERED IN BREACH OF THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND PROVIDER'S CONTROL. SIGNATURE: PRINTED NAME: DATE: PLEASE USE THE LIST ON THE FOLLOWING PAGE TO SELECT YOUR DESIRED LISTING PACKAGE AND BILLING FREQUENCY BY CHECKING THE BOXES THAT APPLY. ATTACHED IS OUR PRICING LIST FOR THE ACTS OR OMISSIONS OFPACKAGE DETAILS AND FEATURES. THIS AGREEMENT IS VALID FOR 12 MONTHS FROM DATE OF PURCHASE IF YOU PURCHASE AN ANNUAL PACKAGE. MONTHLY PACKAGES ARE VALID FOR 1 MONTH FROM DATE OF PURCHASE.* *SEE SCHEDULE C: PLANS AND SUBSCRIPTIONS, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERSECTION 9 FOR DETAILS. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.Business Listings Basic Business Listing: Free Claimed Business Listing: $147/year Annual Monthly Featured Business Listing: $497/year Annual Monthly Cambria’s Spotlight Business Listing: $997 Annual Monthly Job Listings Basic Job Listing: Free Claimed Job Listing: $8/mo Featured Job Listing: $15/mo Rental Listings Basic Rental Listing: Free Claimed Rental Listing: $8/mo Event Listings

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO XXX.XX AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT XXX.XX RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, XXX.XX AND XXX.XX RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT XXX.XX OR A PROVIDER PARTY’S PERFORMANCE XXX.XX RELATED PARTY TAKES ACTION WITH RESPECT TO A .SC DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY XXX.XX, A FAILURE OF XXX.XX RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTXXX.XX COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT XXX.XX AND XXX.XX RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF XXX.XX OR OMISSIONS OFXXX.XX RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF XXX.XX OR XXX.XX RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, XXX.XX AND XXX.XX RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS- DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .MU TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF XXX.XX OR XXX.XX RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF XXX.XX OR XXX.XX RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR XXX.XX OR XXX.XX RELATED PARTIES' BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF XXX.XX OR XXX.XX RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO XXX.XX OR XXX.XX RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.

Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESS,IMPLIEDTERMS, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, EQUIPMENTINFORMATION, GOODS, AND ANY OTHER PROVIDER PRODUCTSMATERIALS MADE AVAILABLE THROUGH THE SITE, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXXNONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-LIKE MANNERFREE, COMPLIANCE NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH LAWSTHE SITE, QUALITYAND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATACOMPLETENESS, OR BE SECUREUSEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NOT BE LIABLE FOR ANY DIRECTINDIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESEXEMPLARY, OR FOR ANY COST OF COVER OR LOST PROFITS PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVERIN CONNECTION WITH THE SITE, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE NOR FOR ANY DAMAGES FOR LOSS OF OBLIGATIONS HEREUNDERPROFITS, A FAILURE LOSS OF OR A DEFECT USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTSITE, OR A PROVIDER PARTY’S ACTS UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR OMISSIONSLOSSES. PROVIDER FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYXx Xxxxxxx and Flagstone Medical P.C, OR VIOLATION THE PROVIDERS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ANY THIRD ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S RIGHTS LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY THIRD-PARTY SERVICE PROVIDEROTHER MATTER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL THEN SUCH PARTY’S LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY LIMITED OR EXCLUDED TO ANY USERTHE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.