Common use of Disclaimer; Limitation of Liability Clause in Contracts

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

Disclaimer; Limitation of Liability. SUBSCRIBER UNDERSTANDS AND AGREES: THAT NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER; THAT YOU CURRENTLY HAVE AND SHALL ALWAYS MAINTAIN INSURANCE COVERING YOU, YOUR FAMILY AND OTHERS WHO MAY BE ON THE PREMISES FOR MEDICAL, DISABILITY, LIFE, AND PROPERTY; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY VOICE, VIDEO OR DATA OR OPERATE ANY MONITORING FACILITY. THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR REPRESENTATIVES 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, FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION, OR ANY OTHER THEORY OF LIABILITY, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00 COLLECTIVELY FOR COMPANY AND REPRESENTATIVESIN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, AS A MATTER OF RIGHT, PROSPECTIVELY OBTAIN A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS PAYMENT SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY OR REPRESENTATIVES AS AN INSURER. IN THE EVENT WILL COMPANY THE CUSTOMER CALLS THE THINK PROTECTION MONITORING CENTER IN REFERENCE TO A RECENT ALARM EVENT, DISPATCH MAY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, PROCESSED BASED ON YOUR REQUEST. REGARDLESS OF LEGAL THEORY (INCLUDINGIF YOU HAVE PRIVATE GUARD SERVICE, BUT NOT LIMITED TOIF POLICE DISPATCH IS REQUESTED THEN THE POLICE WILL BE DISPATCHED. THIS MEANS THAT THE CUSTOMER MAY BE CHARGED FALSE ALARM FEES IF THE ALARM EVENT IS A FALSE ALARM. TO AVOID THIS SITUATION, NEGLIGENCE), WHETHER THE CUSTOMER SHOULD BE ASKING FOR PRIVATE GUARD DISPATCH OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF REQUESTING THE POSSIBILITY OF SUCH DAMAGES. EXCEPT MONITORING CENTER TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF DISPATCH BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER YOUR FILE. THINK PROTECTION IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY NOT RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN CHARGES INCURRED IN REGARDS TO POLICE FALSE ALARM FEES IN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTAFOREMENTIONED SITUATION.

Disclaimer; Limitation of Liability. IN CIM MAKES NO EVENT WILL COMPANY BE LIABLE WARRANTIES, EXPRESS OR IMPLIED, AND CIM SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU FOR (A) ADVERTISER OR ANY SPECIALOTHER PERSON WITH RESPECT TO ANY LIABILITY, INCIDENTALLOSS OR DAMAGES, INDIRECTINCLUDING, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUEWITHOUT LIMITATION, LOSS OF PROFITS OR REVENUESPECIAL OR CONSEQUENTIAL DAMAGES, CAUSED BY OR ARISING OUT OF, EITHER DIRECTLY OR INDIRECTLY, ANY BREACH BY CIM OF ANY OF THE TERMS OF THIS AGREEMENT, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR IN ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, MANNER ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISEMENT OR OTHER MATERIAL DISPLAYED ON CIM'S OR ADVERTISER'S SITE(S), THE MANNER IN WHICH ANY MATERIAL IS DISPLAYED ON CIM'S OR ADVERTISER'S SITE(S), OR THE FAILURE TO DISPLAY ANY ADVERTISEMENT OR OTHER MATERIAL ON CIM'S OR ADVERTISER'S SITE(S). SPECIFICALLY, AND WITHOUT IN ANY WAY CONNECTED WITH LIMITING THE FOREGOING, CIM DOES NOT REPRESENT OR WARRANT THAT ANY SUCH CONTENT, APPLICATION ADVERTISEMENT(S) OR NON- COMPANY SOFTWAREOTHER MATERIAL WILL BE DISPLAYED ON CIM'S OR ADVERTISER'S SITE WITHOUT INTERRUPTION OR ERROR. WE ARE NOT RESPONSIBLE FOR CIM'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE SECURITY AMOUNT PAID TO IT BY ADVERTISER UNDER THIS AGREEMENT OR PLACEMENT OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTADVERTISEMENT AT A LATER TIME IN A COMPARABLE POSITION.

Disclaimer; Limitation of Liability. EXCEPT AS EXPRESSLY STATED TO THE CONTRARY HEREIN, THE AIRCRAFT IS BEING LEASED BY LESSOR TO THE LESSEE HEREUNDER ON A COMPLETELY “AS IS”, “WHERE IS”, BASIS. EACH ACCEPTANCE AND USE BY LESSEE OF THE AIRCRAFT UNDER THIS LEASE SHALL CONSTITUTE AN ACKNOWLEDGEMENT BY LESSEE OF ITS INSPECTION OF THE AIRCRAFT AND THAT THE AIRCRAFT IS IN ACCEPTABLE CONDITION FOR LESSEE’S USE AND OPERATION UNDER THIS LEASE. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF, AND OWNER DISCLAIMS AND OPERATOR WAIVES, ALL OTHER REPRESENTATIONS OR WARRANTIES OF EVERY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED OR ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OF AND WARRANTIES, WITH RESPECT TO THE AIRCRAFT, OF AIRWORTHINESS, VALUE, CONDITION, DESIGN, MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, CONSTRUCTION AND CONDITION, OPERATION, FITNESS FOR A PARTICULAR USE, ABSENCE OF LATENT AND OTHER DEFECTS WHETHER OR NOT DISCOVERABLE, ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AND QUALITY OF MATERIALS OR WORKMANSHIP. IN NO EVENT WILL COMPANY SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR EXTRA- CONTRACTUAL CONSEQUENTIAL DAMAGES OF ANY KIND; OR (B) ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUEUSE, LOSS OF PROFITS REVENUE OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTPROFIT.

Disclaimer; Limitation of Liability. YOU UNDERSTAND AND AGREE: THAT NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER; THAT YOU CURRENTLY HAVE AND SHALL ALWAYS MAINTAIN INSURANCE COVERING YOU, YOUR FAMILY AND OTHERS WHO MAY BE ON YOUR PREMISES FOR MEDICAL, DISABILITY, LIFE, AND PROPERTY DAMAGE; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE, COST AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL OR OPERATE ANY MONITORING STATION. YOU FURTHER UNDERSTAND AND AGREE: THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR REPRESENTATIVES FOR ANY LOSS, DAMAGE, COST 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 $1,000.00 COLLECTIVELY FOR COMPANY AND REPRESENTATIVES. IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, AS A MATTER OF RIGHT, OBTAIN A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS HIGHER LIMITATION SHALL IN NO EVENT WILL WAY BE INTERPRETED TO HOLD COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTREPRESENTATIVES AS AN INSURER.

Disclaimer; Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SUPERMEDIA HEREBY ACKNOWLEDGES AND AGREES THAT THE GOODS AND SERVICES PROVIDED BY XXXXX.XXX PURSUANT TO THIS AGREEMENT ARE BEING PROVIDED TO SUPERMEDIA “AS IS, WITH ALL FAULTS.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXX.XXX DOES NOT GUARANTEE THAT THE SERVICES WILL OPERATE CONTINUOUSLY OR UNINTERRUPTED. IF AN INTERRUPTION IN THE SERVICES OCCURS, XXXXX.XXX’S SOLE OBLIGATION SHALL BE TO RESTORE THE SERVICES AS SOON AS IS REASONABLY POSSIBLE. EXCEPT WITH RESPECT TO (A) A BREACH OF SECTION 6, (B) THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 8, OR (C) EITHER PARTY’S BAD FAITH, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (X) UNDER NO EVENT CIRCUMSTANCES WILL COMPANY EITHER PARTY BE LIABLE TO YOU THE OTHER FOR (A) ANY SPECIALINDIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR EXTRA- CONTRACTUAL EXEMPLARY DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE SUCH DAMAGES ARE FORESEEABLE OR THE PARTY HAS BEEN ADVISED OR HAS CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT ), ARISING FROM SUCH PARTY’S PERFORMANCE OR NON-PERFORMANCE PURSUANT TO ANY PROVISION OF THIS AGREEMENT OR THE OPERATION OF SUCH PARTY’S BUSINESS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS; AND (Y) EACH PARTY’S AGGREGATE LIABILITY TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OTHER PARTY ARISING FROM OR RELATED RELATING TO THIS AGREEMENT OR ITS THE SUBJECT MATTER IS HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE), WILL BE LIMITED AN AMOUNT EQUAL TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT***.

Disclaimer; Limitation of Liability. PCI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO THE SERVICES, PRODUCTS OR GOODS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY SHALL PCI, ITS AFFILIATES OR ITS RESPECTIVE REPRESENTATIVES BE LIABLE TO YOU CUSTOMER, ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES FOR (A) ANY SPECIAL, INCIDENTALCONSEQUENTIAL, INDIRECT, PUNITIVESPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR EXTRA- CONTRACTUAL EXEMPLARY DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCELOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER ARISING OUT OF CONTRACT (INCLUDING FROM A BREACH OR ALLEGED BREACH OF THIS AGREEMENT) OR IN TORT (OTHER THAN FOR PCI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT). UNLESS PCI IS GROSSLY NEGLIGENT, THE PARTIES AGREE THAT PCI SHALL HAVE EXERCISED CARE WITH REGARD TO THE PRODUCT, CARGO OR OTHER GOODS THAT A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER SIMILAR CIRCUMSTANCES. PCI SHALL NOT, IN ANY EVENT, BE OR BECOME LIABLE FOR ANY LOSS OR DAMAGE TO ANY PRODUCT, CARGO OR OTHER GOODS ARISING OUT OF ANY TRUCKING SERVICES SUPPLIED, COORDINATED OR ARRANGED BY CUSTOMER. IN ADDITION, PCI SHALL NOT, IN ANY EVENT, BE OR BECOME LIABLE FOR ANY LOSS OR DAMAGE TO ANY PRODUCT, CARGO OR OTHER GOODS IN AN AMOUNT EXCEEDING US $100.00 PER PACKAGE OR IN THE CASE OF ANY PRODUCT, CARGO OR OTHER GOODS NOT FORESEEABLESHIPPED IN PACKAGES, EVEN THE PER CUSTOMARY FREIGHT UNIT PROVIDED FOR BY THE CARRIAGE OF GOODS AT SEA ACT, PROVIDED, HOWEVER, IN NO EVENT SHALL PCI BE LIABLE FOR MORE THAN THE AMOUNT OF DAMAGE ACTUALLY SUSTAINED. TO THE BROADEST EXTENT LEGALLY PERMITTED, CUSTOMER, THROUGH ITS SHIPPING CARRIER IF WE HAVE BEEN ADVISED NECESSARY, HEREBY EXTENDS TO PCI ALL OF THE POSSIBILITY RIGHTS AND LIMITATIONS OF SUCH DAMAGESLIABILITY INURING TO CUSTOMER OR CUSTOMER’S CARRIER UNDER THE CARRIAGE OF GOODS BY SEA ACT, THE XXXXXX ACT OR ANY OTHER HIMALAYA CLAUSE IN ITS BILL OF LADING. EXCEPT NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN, TO THE FULLEST EXTENT LIMITED PERMITTED BY APPLICABLE LAW, AND REGARDLESS IN NO EVENT SHALL PCI, ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES BE LIABLE TO CUSTOMER, ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES, OR TO ANY OTHER PERSON, FOR ANY DAMAGES ARISING FROM THIS AGREEMENT IN EXCESS OF THE BASIS AMOUNTS PAID TO PCI AS PROVIDED IN THE AGREEMENT. THE PARTIES HERETO ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY REPRESENT BARGAINED-FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE)ALLOCATIONS OF RISK, OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION REFLECT SUCH ALLOCATIONS OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTRISK.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR USE OF THE COS PREMIER MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CITY OF COLORADO SPRINGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (ACOLLECTIVELY "MEMBERSHIP PROVIDERS") ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND; , WHETHER EXPRESS OR (B) ANY LOSS OF DATA OR BUSINESSIMPLIED, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE COS PREMIER MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE COS PREMIER MEMBERSHIP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE COS PREMIER MEMBERSHIP PROGRAM WILL MEET YOUREXPECTATIONS. MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE)DAMAGES FOR LOSS OF PROFITS, WHETHER GOODWILL, USE, DATA OR NOT FORESEEABLE, OTHER INTANGIBLE LOSSES (EVEN IF WE MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT ), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COS PREMIER MEMBERSHIP PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE COS PREMIER MEMBERSHIP PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE COS PREMIER MEMBERSHIP PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTCOS PREMIER MEMBERSHIP PROGRAM.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY SPECIALWARRANTY OR REPRESENTATION, INCIDENTALWHETHER EXPRESS OR IMPLIED, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. INNOVID DOES NOT GUARANTEE ANY OUTPUT OR RESULTS OF ANY OF THE SERVICES AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INNOVID SHALL NOT BE LIABLE FOR ANY MEDIA ON WHICH THE ADVERTISING OR CONTENT APPEARS OR IS MEANT TO APPEAR, NOR THE CONTENT OR ADVERTISING ITSELF, NOR SHALL INNOVID BE LIABLE FOR ANY LOSS, COST, DAMAGE OR EXPENSE OR LIABILITY (INCLUDING COUNSEL FEES) INCURRED BY COMPANY IN CONNECTION WITH COMPANY'S PARTICIPATION IN THE SERVICE, NOR SHALL INNOVID HAVE ANY OBLIGATION TO REVIEW THE CONTENT OR ANY ADVERTISING SERVED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES SHALL INNOVID BE LIABLE TO COMPANY FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOSS OF GOODWILL) SUFFERED OR INCURRED IN CONNECTION WITH OBSERVATION, PERFORMANCE, NON-OBSERVATION OR NON-PERFORMANCE UNDER THIS AGREEMENT, WHETHER UNDER TORT, CONTRACT OR NOT FORESEEABLE, OTHER THEORIES OF RECOVERY EVEN IF WE INNOVID HAS BEEN OR SHOULD HAVE BEEN ADVISED AWARE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS (II) ANY DIRECT DAMAGES IN EXCESS OF THE BASIS FOR AMOUNT PAID UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING SIX (6) MONTHS FROM THE DATE IN WHICH THE CLAIM AROSE. THE PARTIES WAIVE ANY CLAIM RIGHTS TO A TRIAL BY YOU (EVEN IF BASED ON NEGLIGENCE)JURY IN ANY ACTION, OUR MAXIMUM AGGREGATE LIABILITY UNDER PROCEEDING, OR RELATED TO COUNTERCLAIM BROUGHT BY ANY OF THE PARTIES ARISING OUT OF THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION RELATIONSHIP OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTPARTIES HEREUNDER.

Disclaimer; Limitation of Liability. MEDIA OUTLET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, NONINFRINGEMENT OR TRADE USAGE. IN NO EVENT WILL COMPANY SHALL MEDIA OUTLET BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTALCONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, PUNITIVE DAMAGES OR EXTRA- CONTRACTUAL MONETARY DAMAGES OF ANY KIND; TYPE WHATSOEVER. THE AGGREGATE LIABILITY OF MEDIA OUTLET SHALL BE LIMITED TO THE AMOUNT RECEIVED BY MEDIA OUTLET UNDER THE CONTRACT, OR, IF LESS, THE AMOUNT OF MONEY ASSIGNED AND ACTUALLY RECEIVED BY MEDIA OUTLET WITH RESPECT TO THE AD(S) SUBJECT TO THE CONTROVERSY. MEDIA OUTLET SHALL NOT BE LIABLE FOR ANY LOSS, COST, DAMAGE, OR EXPENSE (BINCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, CAUSED BY OR ARISING OUT OF, EITHER DIRECTLY OR INDIRECTLY, ANY AD OR OTHER PRODUCT DISPLAYED ON ANY WEB SITE OR MOBILE DEVICE, THE MANNER IN WHICH ANY MATERIAL IS DISPLAYED ON OR DISTRIBUTED TO WEB SITE(S) OR MOBILE DEVICES, THE FAILURE TO DISPLAY OR DELIVER ANY AD OR OTHER PRODUCT ON THE APPLICABLE WEB SITE(S) OR MOBILE DEVICES, OR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, DELIVERY FAILURE OR LOSS OF DATA OR BUSINESSOTHER INJURY, DIMINUTION IN VALUEARISING, LOSS DIRECTLY OR INDIRECTLY, FROM ADVERTISER'S USE OF PROFITS MEDIA OUTLET'S SERVICES OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS THE SERVICES OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY MEDIA OUTLET VENDORS. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAWSPECIFICALLY, AND REGARDLESS OF WITHOUT LIMITING THE BASIS FOR FOREGOING, MEDIA OUTLET AND MEDIA OUTLET VENDORS DO NOT REPRESENT OR WARRANT THAT ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER AD WILL BE DISPLAYED OR RELATED TO THIS AGREEMENT OTHERWISE TRANSMITTED WITHOUT INTERRUPTION OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTERROR.

Disclaimer; Limitation of Liability. YOU UNDERSTAND AND AGREE: THAT NEITHER COMPANY NOR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, "REPRESENTATIVES") IS AN INSURER; THAT YOU CURRENTLY HAVE AND SHALL ALWAYS MAINTAIN INSURANCE COVERING YOU, YOUR FAMILY, YOUR EMPLOYEES AND OTHERS WHO MAY BE ON YOUR PREMISES FOR MEDICAL, DISABILITY, LIFE, AND PROPERTY DAMAGE; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE, COST AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, THE IMPROPER OPERATION OR NON- OPERATION OF THE SYSTEM, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL OR VIDEO IMAGE, OR OPERATE ANY MONITORING FACILITY. YOU FURTHER UNDERSTAND AND AGREE: THAT SHOULD THERE ARISE ANY LIABILITY ON PART OF COMPANY OR REPRESENTATIVES FOR ANY LOSS, DAMAGE, COST 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 $10OO.OO COLLECTIVELY FOR COMPANY AND REPRESENTATIVES. IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, AS A MATTER OF RIGHT, OBTAIN A HIGHER LIMIT BY PAYING A CHARGE FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS CHARGE OR ANY HIGHER LIMITATION SHALL IN NO EVENT WILL WAY BE INTERPRETED TO HOLD COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTREPRESENTATIVES AS AN INSURER.

Disclaimer; Limitation of Liability. STATION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, NONINFRINGEMENT OR TRADE USAGE. IN NO EVENT WILL COMPANY SHALL STATION BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTALCONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, PUNITIVE DAMAGES OR EXTRA- CONTRACTUAL MONETARY DAMAGES OF ANY KIND; TYPE WHATSOEVER. THE AGGREGATE LIABILITY OF STATION SHALL BE LIMITED TO THE AMOUNT RECEIVED BY STATION UNDER THE CONTRACT, OR, IF LESS, THE AMOUNT OF MONEY ASSIGNED AND ACTUALLY RECEIVED BY STATION WITH RESPECT TO THE AD(S) SUBJECT TO THE CONTROVERSY. STATION SHALL NOT BE LIABLE FOR ANY LOSS, COST, DAMAGE, OR EXPENSE (BINCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, CAUSED BY OR ARISING OUT OF, EITHER DIRECTLY OR INDIRECTLY, ANY AD OR OTHER PRODUCT DISPLAYED ON ANY WEB SITE OR MOBILE DEVICE, THE MANNER IN WHICH ANY MATERIAL IS DISPLAYED ON OR DISTRIBUTED TO WEB SITE(S) OR MOBILE DEVICES, THE FAILURE TO DISPLAY OR DELIVER ANY AD OR OTHER PRODUCT ON THE APPLICABLE WEB SITE(S) OR MOBILE DEVICES, OR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, DELIVERY FAILURE OR LOSS OF DATA OR BUSINESSOTHER INJURY, DIMINUTION IN VALUEARISING, LOSS DIRECTLY OR INDIRECTLY, FROM ADVERTISER'S USE OF PROFITS STATION'S SERVICES OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS THE SERVICES OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY STATION VENDORS. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAWSPECIFICALLY, AND REGARDLESS OF WITHOUT LIMITING THE BASIS FOR FOREGOING, STATION AND STATION VENDORS DO NOT REPRESENT OR WARRANT THAT ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER AD WILL BE DISPLAYED OR RELATED TO THIS AGREEMENT OTHERWISE TRANSMITTED WITHOUT INTERRUPTION OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTERROR.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY The Registrant acknowledges and agrees that, to the maximum extent possible, DOT DM and Dot DM Related Parties SHALL NOT BE LIABLE TO YOU FOR (A) ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIALSPECIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR BUSINESSPROFITS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUERELATING TO THE USE, OR BUSINESS INTERRUPTIONTHE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF LEGAL THEORY THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, INCLUDING NEGLIGENCE), WHETHER OR OTHERWISE. ADDITIONALLY, DOT DM AND DOT DM RELATED PARTIES SHALL NOT FORESEEABLEBE 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 LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN. FINALLY, DOT DM AND DOT DM 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 .dm TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF WE DOT DM AND DOT DM RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DOT DM MAY FORESEE SUCH POSSIBLE DAMAGES. EXCEPT THE REGISTRANT'S SOLE REMEDY FOR DOT DM AND DOT DM RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF DOT DM AND DOT DM RELATED PARTIES, THE RE-SUPPLY OF THE GOODS OR SERVICES, THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED OR REPLACED OR THE SERVICES SUPPLIED AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWALTERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE EXTENT LIMITED AMOUNT OF MONEY PAID TO DOT DM BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTREGISTRANT.

Disclaimer; Limitation of Liability. MASTERCARD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO MASTERCARD RPPS, ANY RPPS API, ANY OF THE RPPS API SPECIFICATIONS OR ANY SERVICES PROVIDED IN NO EVENT WILL COMPANY CONNECTION WITH ANY OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. MASTERCARD DOES NOT REPRESENT OR WARRANT THAT ANY RPPS API OR ANY OF THE RPPS API SPECIFICATIONS ARE FREE OF DEFECTS, ERRORS OR MISTAKES AND ANY RPPS API AND RPPS API SPECIFICATIONS ARE PROVIDED “AS-IS”, “AS AVAILABLE” AND WITH ALL FAULTS. PARTICIPANT ASSUMES ALL RISKS ASSOCIATED WITH ITS USE OF MASTERCARD RPPS, ANY RPPS API OR RPPS API SPECIFICATIONS. IT IS PARTICIPANT’S SOLE RESPONSIBILITY TO DETERMINE WHETHER MASTERCARD RPPS, ANY RPPS API OR RPPS API SPECIFICATIONS IS SUITABLE AND ADEQUATE FOR ITS NEEDS. WE, MASTERCARD AND YOU SHALL NOT BE LIABLE TO YOU ONE ANOTHER FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL PUNITIVE DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN CONNECTION WITH THE MASTERCARD RPPS, ANY WAY CONNECTED RPPS API, AND ANY OF THE RPPS API SPECIFICATIONS AND WE OR MASTERCARD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH MASTERCARD RPPS ANY SUCH CONTENTRPPS API, APPLICATION AND ANY OF THE RPPS API SPECIFICATIONS CUSTOMER’S OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY END USER’S USE OF ANY CONTENTOF THE FOREGOING, APPLICATION WHETHER RELATED TO A FAILURE CAUSED BY US OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN MASTERCARD TO EXERCISE ORDINARY CARE, EXCEPT AS PROVIDED IN THE EVALUATION ENVIRONMENTMASTERCARD RPPS RULES AND OBLIGATIONS.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR USE OF THE COS PREMIER MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CITY OF COLORADO SPRINGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (ACOLLECTIVELY "MEMBERSHIP PROVIDERS") ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND; , WHETHER EXPRESS OR (B) ANY LOSS OF DATA OR BUSINESSIMPLIED, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE COS PREMIER MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE COS PREMIER MEMBERSHIP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE COS PREMIER MEMBERSHIP PROGRAM WILL MEET YOUR EXPECTATIONS. MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE)DAMAGES FOR LOSS OF PROFITS, WHETHER GOODWILL, USE, DATA OR NOT FORESEEABLE, OTHER INTANGIBLE LOSSES (EVEN IF WE MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT ), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COS PREMIER MEMBERSHIP PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE COS PREMIER MEMBERSHIP PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE COS PREMIER MEMBERSHIP PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTCOS PREMIER MEMBERSHIP PROGRAM.

Disclaimer; Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, AND NON- INFRINGEMENT. EIDR AND ITS MEMBERS AND CONTRIBUTING LICENSEES EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SOFTWARE WILL MEET THE USER’S REQUIREMENTS, WILL BE FREE FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT USE OF THE SOFTWARE WILL BE UNINTERUPTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY EIDR, ITS MEMBERS, OR ITS CONTRIBUTING LICENSEES BE LIABLE TO YOU FOR (A) ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, INDIRECTSPECIAL, PUNITIVE, EXEMPLARYOR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMTIATION DAMAGES FOR LOSS OF USE, CONSEQUENTIALDATA, PROFITS, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KINDGOODWILL; BUSINESS INTERRUPTION; OR (B) ANY LOSS PROCUREMENT OF DATA SUBSTIUTE GOODS OR BUSINESSSERVICES), DIMINUTION IN VALUEHOWSOEVER CAUSED AND WHETHER BASED ON CONTRACT, LOSS OF PROFITS OR REVENUETORT, OR BUSINESS INTERRUPTION, REGARDLESS ANY OTHER THEORY OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLELIABILTY, EVEN IF WE EIDR, ITS MEMBERS, AND/OR ITS CONTRIBUTING LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAWIN NO EVENT SHALL EIDR, AND REGARDLESS OF THE BASIS ITS MEMBERS, OR ANY CONTRIBUTING LICENSEE BE LIABLE FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO AMOUNT IN EXCESS OF $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT1000.

Disclaimer; Limitation of Liability. OTHER THAN AS SET FORTH HEREIN, COMPANY PROVIDES ITS WEBSITES AND THE WEBSITES OF ITS PUBLISHERS AND THIRD-PARTY PARTNERS, AND ALL ITS SERVICES AND THE SERVICES OF ITS PUBLISHERS AND THIRD- PARTY PARTNERS, AS PERFORMED HEREUNDER, ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY OR DISTRIBUTION OF ANY CAMPAIGN. IN THE EVENT OF INTERRUPTION OF DISPLAY OR DISTRIBUTION OF ANY CAMPAIGN, COMPANY’S SOLE OBLIGATION WILL BE TO RESTORE SERVICE AS SOON AS COMMERCIALLY PRACTICABLE. FURTHERMORE, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY MAKES NO WARRANTY AS TO THE NUMBER OF PERSONS WHO MAY ACCESS OR VIEW A CAMPAIGN OR AS TO THE BENEFIT OR RESULTS OBTAINED FROM ANY CAMPAIGN UNDER THIS AGREEMENT. COMPANY IS NOT LIABLE FOR THE CONTENTS OF ANY ADVERTISER WEBSITE(S) FOR WHICH IT PERFORMS MARKETING SERVICES OR FOR ANY UNAVAILABILITY OF THE INTERNET OR OTHER TECHNICAL MALFUNCTION. EXCEPT FOR DAMAGES ARISING FROM ADVERTISER’S INDEMNIFICATION OBLIGATIONS HEREUNDER OR A BREACH OF ADVERTISER’S CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL COMPANY BE IS EITHER PARTY LIABLE TO YOU FOR (A) LOST PROFITS, LOST REVENUES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR EXTRA- CONTRACTUAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLERELATED TO THIS AGREEMENT, EVEN IF WE HAVE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES ARISING FROM A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER OR A BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL COMPANY’S LIABILITY TO ADVERTISER OR ANY THIRD- PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF PAYMENTS RECEIVED FROM ADVERTISER IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE EXTENT LIMITED BY APPLICABLE LAWCLAIM. IN LIEU OF REFUND, AND REGARDLESS COMPANY SHALL BE PERMITTED TO CAUSE THE PLACEMENT OF “MAKE-GOOD” ADVERTISING, IF THE BASIS FOR “MAKE-GOOD” ADVERTISING IS PROVIDED WITHIN A COMMERCIALLY REASONABLE PERIOD OF TIME AFTER THE LIABILITY HAS ACCRUED. COMPANY DOES NOT WARRANT OR GUARANTEE RESPONSE RATES, CONVERSION RATES OR THE ABILITY TO CONVERT LEADS. COMPANY FURTHER DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT, OR AS TO THE BENEFITS OR RESULTS THAT MAY BE OBTAINED THROUGH ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED EFFORTS UNDERTAKEN PURSUANT TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTAGREEMENT.

Disclaimer; Limitation of Liability. EXCEPT FOR THE WARRANTIES SPECIFICALLY DESCRIBED HEREIN, F5 DOES NOT MAKE ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, SPECIFICATIONS, SUPPORT, SERVICE OR ANYTHING ELSE. F5 HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE. F5 DISCLAIMS AND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, ARISING, WITH RESPECT TO THE PRODUCTS OR SERVICES DELIVERED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. F5’S LIABILITY FOR LOSS UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNT PAID TO F5 OR AN F5 AUTHORIZED DISTRIBUTOR BY RESELLER DURING THE PREVIOUS CALENDAR YEAR. F5 WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN NO EVENT WILL COMPANY BE LIABLE TO YOU CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, CONSEQUENTIAL OR EXTRA- CONTRACTUAL INDIRECT DAMAGES OF ANY KIND; OR (B) ANY INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUEUSE, LOSS OF PROFITS OR REVENUEDATA, OR BUSINESS INTERRUPTION, REGARDLESS LOSS OF LEGAL THEORY (INCLUDINGREVENUE, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER LOSS OF BUSINESS OR NOT FORESEEABLEOTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE PRODUCTS OR OTHER GOODS OR SERVICES FURNISHED BY F5 UNDER THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS CONTAINED IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A ANY FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY PURPOSE OF ANY CONTENTLIMITED REMEDY PROVIDED UNDER ANY TERM OF THIS AGREEMENT. The foregoing limitations do not apply to or limit any liability which F5 is not, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTand to the extent that it is not, lawfully permitted to limit or exclude.

Disclaimer; Limitation of Liability. OTHER THAN THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT, (A) NEITHER PARTY MAKES ANY OTHER WARRANTIES, EITHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, AND BOTH PARTIES HEREBY DISCLAIM LIABILITY FOR ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO PACKAGING, PACKAGED PRODUCTS OR THE PRODUCTS, AND (B) EXCEPT TO THE EXTENT SUCH PARTY MAY BE REQUIRED TO INDEMNIFY THE OTHER PURSUANT TO SECTION 9 OR IN THE CASE OF WILLFUL MISCONDUCT, IN NO EVENT WILL COMPANY BE LIABLE SHALL EITHER PARTY HAVE ANY LIABILITY TO YOU THE OTHER FOR (A) ANY SPECIALEXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR NOT FORESEEABLEANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE HAVE BEEN AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. SAME AND (C) EXCEPT WITH RESPECT TO SHARP’S OBLIGATIONS UNDER SECTION 9, THE EXTENT LIMITED BY APPLICABLE LAWOBLIGATIONS OF SHARP SET FORTH IN SECTION 5.5 TO REPLACE NONCONFORMING PACKAGED PRODUCTS AND IN SECTION 6.6 WITH RESPECT TO RECALLS SHALL BE, AND REGARDLESS OF THE BASIS AS APPLICABLE, MANUFACTURER’S EXCLUSIVE REMEDY FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTNONCONFORMING PACKAGED PRODUCTS.

Disclaimer; Limitation of Liability. CONTRACTOR’S PARTICIPATION IN THE PROGRAM IS AT ITS SOLE RISK. CONTRACTOR IS RESPONSIBLE FOR DETERMINING WHETHER TO PARTICIAPTE IN THE PROGRAM AND WHETHER TO CONTRACT WITH ANY PROPERTY OWNER SEEKING to OBTAIN FINANCING UNDER THE PROGRAM. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY, ITS AFFILIATED COMPANIES, THE PROGRAM, ANY GOVERNMENTAL AUTHORITY SPONSORING OR PARTICIPATING IN THE PROGRAM, ANY PERSON PROVIDING SERVICES TO COMPANY, ITS AFFILIATED COMPANIES OR ANY GOVERNMENTAL AUHTORITY IN CONNECTION WITH THE PROGRAM AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “PROGRAM PARTICIPANTS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, PROGRAM PARTICIPANTS MAKE NO EVENT REPRESENTATION OR WARRANTY THAT (I) THE PROGRAM WILL COMPANY MEET CONTRACTOR’S REQUIREMENTS, (II) THE PROGRAM WILL BE UNINTERRUPTED, (III) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM WILL BE BENEFICIAL TO CONTRACTOR, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY CONTRACTOR THROUGH ITS PARTICIPATION IN THE PROGRAM WILL MEET CONTRACTOR’S EXPECTATIONS (V) ANY ERRORS IN ANY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY CONTRACTOR THROUGH THE PROGRAM WILL BE CORRECTED, (VI) CONTRACTOR WILL BE SELECTED BY A PROPERTY OWNER, (VII) AN APPLICATION FOR FINANCING UNDER THE PROGRAM WILL BE APPROVED OR (VII) CONTRACTORWILL BE PAID ANY AMOUNTS DUE AND PAYABLE TO CONTRACTOR UNDER A CONTRACT WITH A PROPERTY OWNER OR OTHERWISE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY CONTRACTOR THROUGH ITS PARTICIPATION IN THE PROGRAM IS DONE AT CONTRACTOR’S DISCRETION AND RISK AND CONTRACTORWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CONTRACTOR FROM ANY PROGRAM PARTICIPANT OR THROUGH THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. PROGRAM PARTICIPANTS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR (A) ANY SPECIALDAMAGES OF ANY KIND ARISING OUT OF, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIALIN CONNECTION WITH, OR EXTRA- CONTRACTUAL RELATING TO, CONTRACTOR’S PARTICIPATION IN THE PROGRAM OR CONTRACTOR’S DEALINGS WITH PROPERTY OWNERS OR ANY PROGRAM PARTICIPANT IN CONNECTION WITH THE PROGRAM, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF CONTRACTOR’S TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY PROPERTY OWNER OR ANY OTHER THIRD PARTY, OR (VII) FOR ANY OTHER MATTER RELATING TO THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND; , INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (B) ANY INCLUDING DAMAGES FOR LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR REVENUEINFORMATION, LITIGATION OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCETHE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR NOT FORESEEABLEOTHERWISE, EVEN IF WE HAVE BEEN ADVISED AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USDOF THE BARGAIN BETWEEN COMPANY AND CONTRACTOR. THE LIMITATIONS INFORMATION AND SERVICES OFFERED IN THIS SECTION 5 (DISCLAIMER; LIMITATION CONNECTION WITH THE PROGRAM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES CERTAIN WARRANTIES OR THE SETTLEMENT AGREED LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CONTRACTOR. IN SUCH JURISDICTIONS, THE DISCLAIMER AND THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTLAW.

Disclaimer; Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT TO THE CONTRARY THE WARRANTIES WITH RESPECT TO THE STORING, PACKAGING, LABELING AND DELIVERY OF THE PRODUCTS AND THE PACKAGED PRODUCTS STATED IN THIS ARTICLE 7 ARE IN LIEU OF ALL OTHER WARRANTIES OF SHARP, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR HEREIN, IN NO EVENT WILL COMPANY BE LIABLE SHALL (I) SHARP’S LIABILITY HEREUNDER EXCEED THE FEES PAYABLE TO YOU SHARP BY MANUFACTURER FOR SUCH SERVICES, EXCEPT WITH RESPECT TO SHARP’S INDEMNIFICATION OBLIGATIONS HEREUNDER AND DAMAGES RELATING TO SHARP’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BREACH OF ITS CONFIDENTIALY OBLIGATIONS HEREUNDER: AND (AII) SHARP HAVE ANY SPECIALLIABILITY FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR NOT FORESEEABLEANY OTHER THEORY OR FORM OF ACTION IN CONNECTION WITH THE STORING, EVEN IF WE HAVE BEEN ADVISED PROCESSING, PACKAGING, LABELING AND DELIVERY OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES PRODUCTS OR THE SETTLEMENT AGREED PACKAGED PRODUCTS. UNLESS BREACHED BY SHARP, THE COVENANTS OF SHARP SET FORTH IN SECTION 5.5 TO BY YOUREPLACE NONCONFORMING PACKAGED PRODUCTS AND, ARISING OUT OF OR IN ANY WAY CONNECTED SECTION 6.7 WITH ANY SUCH CONTENTRESPECT TO RECALLS, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE SHALL BE, AS APPLICABLE, MANUFACTURER’S EXCLUSIVE REMEDIES FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTNONCONFORMING PACKAGED PRODUCTS.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIALEXCEPT AS PROVIDED HEREIN, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES LICENSED PROPERTIES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND; , EITHER EXPRESS OR (B) ANY LOSS OF DATA OR BUSINESSIMPLIED, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBLICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OR NOT FORESEEABLEREPUDIATION OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE THE PARTY AGAINST WHOM DAMAGES ARE CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS. EXCEPT IN NO EVENT SHALL SUBLICENSOR BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR FOR LOSS OF DATA OR USE OF DATA. IN NO EVENT SHALL SUBLICENSOR’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING HEREUNDER. APART FROM DAMAGE TO SUBLICENSOR CAUSED BY AN INFRINGEMENT BY SUBLICENSEE OF SUBLICENSOR’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY’S LIABILITY TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY OTHER UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTTHIS AGREEMENT EXCEED TWO HUNDRED THOUSAND DOLLARS.

Disclaimer; Limitation of Liability. IN THE GAME AND SERIVICE ARE PROVIDES ON AN “AS IS: AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSBLE UNDER APPLICABLE LAW,FROSTY DOES NOT MAKE AND HEREBY DISCLAIMS ANY GUARANTEES, CONDITIONS,WARRANTIES OF NAY KIND, EXPRESS, IMPLIED OR STATUATORY OTHER TERMS INCLUDING AS Tol(A) ITS CONFORMITY,ACURACY,CURRENTNESS,COMPLETENESS,RELIABILITY OR SECURIT,(B)ITS SUITABILITY FOR A PARITCULAR USE;(C)IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT,(D) NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESSDAMAGE TO YOUR SYSTEM,INTERRUPTIONS DOE TO A LOST CONNECTION TO INTERNET,SOFTWARE OR HARDWARE FAILURES, DIMINUTION OR(E) NO DISRUPTION OF YOUR ABILITY TO PLAY THE GAME.CAP COM DOESN’T NOT WARRANT THAT THE GMAE OR SERVICE WILL BE UNITERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE GAME AND SERBICE IS FREE OF VIRUSES OR OTHE RHARMFUL COMPONENTS; OR THAT THE SERVICE SHLLA COMPLY WITH ANY SERVICE LEVEL AGREEMNE.T YOUR SOLE AND EXCLUSICE RECOURSE IN VALUETHE EVENT OF ANY DISSATISFCATION WITH OR DAMAGE ARISING FROM THE GAME OR SERIVCE, LOSS AND FROSTY’S MAXIMUN LIABILITY UNDER THI SEULA, SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE GAME IN NOT EVENT SHALL FROSTY BE LIABLE FOR AN INDIRECT,INCIDENTAL,PUNTIIVE,SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FORM OR IN CONNECTION WITH YOUR USE OF PROFITS THE GAME OR REVENUESERVICE, INCLUDING, BUT NOT LIMITED OT, LOST PROFITS, REVENUE OR BUSINESS INTERRUPTIONDATA, REGARDLESS OF HOWEREVER CAUSED AND UNDER AND LEGAL THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TOOT, NEGLIGENCE)CONTRACT,TORT(INCLUDING, WHETHER OR BUT NOT FORESEEABLE, LIMTED OT,NEGLIGENCE),STRICTLY LIABILITY),AND EVEN IF WE HAVE FROSTY HAS BEEN ADVISED OF THE POSSIBILITY POSSBILITY OF SUCH DAMAGES. EXCEPT DAMAGE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH IN THIS XXXX BECAUSE SOME STATES OR JURIDICTIONS DO NOT ALLOW TH EEXCLUSION OR TH ELIMITATION OF IMPLIED WARRANTIES OR LIABILITY, IN SUCH STATES OR JURIDICTIONS, FROSTY’S LIABILITY SHALL BE LIMITED TO THE EXTENT LIMITED PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

Disclaimer; Limitation of Liability. OTHER THAN AS SET FORTH HEREIN, COMPANY PROVIDES ITS WEBSITES AND THE WEBSITES OF ITS PUBLISHERS AND THIRD-PARTY PARTNERS, AND ALL ITS SERVICES AND THE SERVICES OF ITS PUBLISHERS AND THIRD- PARTY PARTNERS, AS PERFORMED HEREUNDER, ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY OR DISTRIBUTION OF ANY CAMPAIGN. IN THE EVENT OF INTERRUPTION OF DISPLAY OR DISTRIBUTION OF ANY CAMPAIGN, COMPANY’S SOLE OBLIGATION WILL BE TO RESTORE SERVICE AS SOON AS COMMERCIALLY PRACTICABLE. FURTHERMORE, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY MAKES NO WARRANTY AS TO THE NUMBER OF PERSONS WHO MAY ACCESS OR VIEW A CAMPAIGN OR AS TO THE BENEFIT OR RESULTS OBTAINED FROM ANY CAMPAIGN UNDER THIS AGREEMENT. COMPANY IS NOT LIABLE FOR THE CONTENTS OF ANY ADVERTISER WEBSITE(S) FOR WHICH IT PERFORMS MARKETING SERVICES OR FOR ANY UNAVAILABILITY OF THE INTERNET OR OTHER TECHNICAL MALFUNCTION. EXCEPT FOR DAMAGES ARISING FROM ADVERTISER’S INDEMNIFCATION OBLIGATIONS HEREUNDER OR A BREACH OF ADVERTISER’S CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL COMPANY BE IS EITHER PARTY LIABLE TO YOU FOR (A) LOST PROFITS, LOST REVENUES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR EXTRA- CONTRACTUAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLERELATED TO THIS AGREEMENT, EVEN IF WE HAVE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES ARISING FROM A PARTY’S INDEMNIFCATION OBLIGATIONS HEREUNDER OR A BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL COMPANY’S LIABILITY TO ADVERTISER OR ANY THIRD- PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF PAYMENTS RECEIVED FROM ADVERTISER IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE EXTENT LIMITED BY APPLICABLE LAWCLAIM. IN LIEU OF REFUND, AND REGARDLESS COMPANY SHALL BE PERMITTED TO CAUSE THE PLACEMENT OF “MAKE-GOOD” ADVERTISING, IF THE BASIS FOR “MAKE-GOOD” ADVERTISING IS PROVIDED WITHIN A COMMERCIALLY REASONABLE PERIOD OF TIME AFTER THE LIABILITY HAS ACCRUED. COMPANY DOES NOT WARRANT OR GUARANTEE RESPONSE RATES, CONVERSION RATES OR THE ABILITY TO CONVERT LEADS. COMPANY FURTHER DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT, OR AS TO THE BENEFITS OR RESULTS THAT MAY BE OBTAINED THROUGH ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED EFFORTS UNDERTAKEN PURSUANT TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTAGEEMENT.

Disclaimer; Limitation of Liability. IN NO EVENT WILL YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY, “THE COMPANY BE LIABLE TO YOU FOR (AAND ITS AFFILIATED PARTIES”) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES DISCLAIM ALL WARRANTIES OF ANY KIND; , WHETHER EXPRESS OR (B) ANY LOSS OF DATA OR BUSINESSIMPLIED, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION; (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), WHETHER PRODUCT LIABILITY OR NOT FORESEEABLEOTHERWISE, EVEN IF WE HAVE BEEN ADVISED AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU (EVEN FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM THE COMPANY THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF BASED YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION, OR SERVICE PRIOR TO THE DATE ON NEGLIGENCE)WHICH YOU FIRST ASSERT ANY CLAIM, OUR MAXIMUM AGGREGATE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY UNDER OR RELATED FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO THIS AGREEMENT OR ITS SUBJECT MATTER YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO FULLEST EXTENT PERMITTED BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTLAW.

Disclaimer; Limitation of Liability. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED IN SECTION 12, ALL LICENSES, COVENANTS, RELEASES, NON-ASSERTS AND OTHER IMMUNITIES GRANTED HEREIN ARE MADE ON AN “AS IS” AND “WHERE IS” BASIS, AND EACH PARTY HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING THOSE REGARDING MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO EVENT PARTY WILL COMPANY BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THIS SETTLEMENT AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARYREMOTE OR SPECULATIVE DAMAGES OR OTHER DAMAGES THAT ARE NOT PROBABLE AND REASONABLY FORESEEABLE, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO ; PROVIDED, HOWEVER, THAT THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS FOREGOING LIMITATION SHALL NOT APPLY IN THE CASE OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER GROSS NEGLIGENCE OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTFRAUD.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY The Registrant acknowledges and agrees that, to the maximum extent possible, DOT DM and Dot DM Related Parties SHALL NOT BE LIABLE TO YOU FOR (A) ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIALSPECIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR BUSINESSPROFITS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUERELATING TO THE USE, OR BUSINESS INTERRUPTIONTHE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF LEGAL THEORY THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, INCLUDING NEGLIGENCE), WHETHER OR OTHERWISE. ADDITIONALLY, DOT DM AND DOT DM RELATED PARTIES SHALL NOT FORESEEABLEBE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES .dm ccTLD REGISTRATION AGREEMENT– xxxx://xxx.xxx.xx 30/08/2019 Page 10 of 13 13. 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 LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN. FINALLY, DOT DM AND DOT DM 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 .dm TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF WE DOT DM AND DOT DM RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DOT DM MAY FORESEE SUCH POSSIBLE DAMAGES. EXCEPT THE REGISTRANT'S SOLE REMEDY FOR DOT DM AND DOT DM RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF DOT DM AND DOT DM RELATED PARTIES, THE RE-SUPPLY OF THE GOODS OR SERVICES, THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED OR REPLACED OR THE SERVICES SUPPLIED AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWALTERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE EXTENT LIMITED AMOUNT OF MONEY PAID TO DOT DM BY APPLICABLE LAWTHE REGISTRANT. Notices. Notices to DOT DM shall be delivered by registered or certified Mail, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE)postage prepaid, OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USDor reputable commercial courier service to: DOT DM Corporation P.O. BOX 2102 Roseau Commonwealth of Dominica Tel: +0 000 000 0000 Notices mailed by registered or certified official mail of a country shall be deemed delivered on receipt. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT..dm ccTLD REGISTRATION AGREEMENT– xxxx://xxx.xxx.xx 30/08/2019 Page 11 of 13

Disclaimer; Limitation of Liability. ALL SERVICES ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, CMG AND ITS VENDOR(S) MAKE NO, AND DISCLAIM ALL, WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, NONINFRINGEMENT OR TRADE USAGE), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. THE SERVICES AND ANY WEBSITES, DATABASES AND THIRD PARTY PROGRAMS CONTAINED WITHIN THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CMG HAS NO LIABILITY WHATEVER TO ADVERTISER OR ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE ADVERTISER CONTENT OR TO THE ADVERTISER’S WEBPAGE(S) OR WEBSITE(S) AS A RESULT OF OR IN CONNECTION WITH THE SERVICES, ANY OTHER PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND ANY PARTY’S USE OF, OR INABILITY TO USE, CMG WEBSITES, DATABASES OR PROGRAMS, EXCEPT PURSUANT TO SECTION 25(B). CMG MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS SERVICES ARE COMPLIANT WITH ANY PARTICULAR LAW OR REGULATION, INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT, AND CMG, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL LIABILTY ASSOCIATED WITH ANY SUCH CLAIM. IN NO EVENT WILL COMPANY SHALL CMG, ITS AFFILIATES OR ITS VENDOR(S) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (A) ANY SPECIALINCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, PUNITIVE DAMAGES OR EXTRA- CONTRACTUAL MONETARY DAMAGES OF ANY KIND; OR (BTYPE WHATEVER. THE AGGREGATE LIABILITY OF CMG, ITS AFFILIATES AND ITS VENDOR(S) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT SHALL BE LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED AMOUNT PAID TO CMG BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE ADVERTISER FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN PARTICULAR SERVICE UNDER THE EVALUATION ENVIRONMENTAPPLICABLE ORDER WITH WHICH THE LIABILITY IS ASSOCIATED.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ACKNOWLEDGE THAT YOU ARE USING THE GIY MATERIALS AT YOUR OWN RISK. THE GIY MATERIALS ARE BEING PROVIDED “AS IS” AND WITHOUT ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, EXPRESS OR EXTRA- CONTRACTUAL DAMAGES IMPLIED WARRANTIES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (KIND INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ECOVATIVE NOR XXXXX.XXX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL), WHETHER OR NOT FORESEEABLEANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE GIY MATERIALS EVEN IF WE HAVE ECOVATIVE OR XXXXX.XXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND FOREGOING LIMITATIONS APPLY REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCENEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT. In no event shall the total liability of Ecovative for any claims arising under this Agreement or the use of the GIY Materials exceed in the aggregate one hundred U.S. dollars ($100), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR MAY NOT INSTITUTE ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ACTION ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION LIMITATION OF INCIDENTAL OR NON- COMPANY SOFTWARE. WE ARE CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTAPPLY.

Disclaimer; Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TRIFACTA SOFTWARE AND ANY MATERIALS OR SERVICES PROVIDED BY TRIFACTA ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TRIFACTA DOES NOT GUARANTEE THAT THE TRIFACTA SOFTWARE, DOCUMENTATION OR SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. TRIFACTA AND ITS SUPPLIERS DO NOT WARRANT THE RESULTS OF USE OF THE TRIFACTA SOFTWARE ARE BUG/ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. EXCEPT FOR TRIFACTA’S OBLIGATIONS UNDER SECTION 4 OF THIS END USER LICENSE AGREEMENT, (A) CUSTOMER’S SOLE REMEDY AND TRIFACTA’S SOLE LIABILITY FOR ANY BREACH OF THIS END USER LICENSE AGREEMENT SHALL BE TO TERMINATE THE AGREEMENT, CEASE ALL USE OF THE TRIFACTA SOFTWARE AND IMMEDIATELY RETURN TO TRIFACTA THE TRIFACTA SOFTWARE AND ALL DUPLICATES, AND ANY TRIFACTA CONFIDENTIAL INFORMATION; (B) IN NO EVENT WILL COMPANY SHALL TRIFACTA BE LIABLE TO YOU FOR (A) ANY SPECIALCONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECTINDIRECT OR SPECIAL DAMAGES OR COSTS, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF INCLUDING LOST PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS COSTS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)PROCUREMENT OF SUBSTITUTE GOODS, WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THOSE DAMAGES OR COSTS; AND (C) IN NO EVENT WILL THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY OF TRIFACTA OR ANY OF ITS THIRD PARTY LICENSORS (UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION ANY THEORY OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE EXCEED TEN THOUSAND DOLLARS ($10,000), WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION PURPOSE OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTOTHERWISE.

Disclaimer; Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, NO WARRANTIES ARE GIVEN IN RESPECT OF THE SUCCESSFUL SALE OF ANY PRODUCT, OR THE SUITABILITY OF ANY PRODUCT PRODUCED UNDER THIS AGREEMENT FOR ANY PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS. ANY IMPLICATION OF SUCH WARRANTY IS HEREBY EXCLUDED. EXCEPT AS OTHERWISE PROVIDED HEREIN IN NO EVENT WILL COMPANY SHALL EITHER PARTY BE LIABLE TO YOU FOR (A) ANY THE INDIRECT, SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL OR PUNITIVE DAMAGES OF THE OTHER PARTY, PUNITIVEHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PERFORMANCE OF, OR THE FAILURE TO PERFORM, ANY OBLIGATION(S) SET FORTH HEREIN. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLECONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY WELLNESS AS A DIRECT RESULT OF ANY MATERIAL BREACH OF THIS AGREEMENT (INCLUDING MISREPRESENTATION AND NEGLIGENCE) IN RESPECT OF THE MANUFACTURE AND DELIVERY OF PRODUCT BY MANNATECH SHALL BE LIMITED TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS PAYMENT OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF ACTUAL DAMAGES BASED ON NEGLIGENCE)A PURCHASE ORDER, OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS PROVIDED THAT, HOWEVER, ANY REMEDY FOR BREACH OF CONFIDENTIAL INFORMATION SHALL BE GOVERNED BY SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT10.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY WE BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- EXTRA-CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD50.00USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY MCAFEE ENTERPRISE SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY NON-MCAFEE ENTERPRISE SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

Disclaimer; Limitation of Liability. EXCEPT AS SPECIFICALLY PROVIDED ELSEWHERE IN THESE TERMS, FMX HEREBY DISCLAIMS ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. FMX DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. IN THE EVENT OF ANY INTERRUPTION, FMX'S SOLE OBLIGATION SHALL BE TO RESTORE ACCESS AS SOON AS REASONABLY POSSIBLE. YOU ACKNOWLEDGE AND2 AGREE THAT YOU HAVE NOT ENTERED INTO THE AGREEMENT ON THE BASIS OF ANY REPRESENTATIONS OR PROMISES NOT EXPRESSLY CONTAINED HEREIN. FMX’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, AND IN NO EVENT WILL COMPANY SHALL FMX’S AGGREGATE LIABILITY RELATED TO THIS AGREEMENT EXCEED THE SUM TOTAL OF THE PRO RATA PORTION OF THE SUBSCRIPTION FEE PAID BY YOU TO FMX FOR THE PRODUCTS LICENSED DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE INITIAL CLAIM. IN NO EVENT SHALL FMX BE LIABLE TO YOU FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARYOR THIRD PARTY AND/OR END USER DAMAGES OR CLAIMS, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE)LOST PROFITS, WHETHER OR NOT FORESEEABLELOST SAVINGS, LOST PRODUCTIVITY, LOSS OF DATA, AND LOSS FROM INTERRUPTION OF BUSINESS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE THEIR POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE)FORM OF ACTION IS IN CONTRACT, OUR MAXIMUM AGGREGATE LIABILITY UNDER TORT, OR RELATED TO THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH FMX’S PERFORMANCE OF ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTOBLIGATIONS HEREUNDER.

Disclaimer; Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BUNGE MAKES NO STATUTORY, WRITTEN, ORAL, EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND CONCERNING THE SERVICES PROVIDED BY BUNGE OR ITS AFFILIATES UNDER THIS AGREEMENT OR ANY CORN PURCHASED BY PURCHASER UNDER THIS AGREEMENT. NEITHER BUNGE NOR ITS AFFILIATES WILL BE LIABLE TO PRODUCER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES ARISING OUT OF, RELATING TO OR RESULTING FROM SERVICES PROVIDED UNDER THIS AGREEMENT OR THE FAILURE TO PROVIDE SERVICES UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE OUT OF OR RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BUNGE; PROVIDED THAT THE AGGREGATE AMOUNT OF ALL SUCH DAMAGES UNDER THIS AGREEMENT IN ANY FISCAL YEAR WILL NOT EXCEED THE TOTAL AMOUNT OF THE AGENCY FEES ACTUALLY PAID BY PRODUCER IN SUCH FISCAL YEAR. THE REMUNERATION TO BE PAID FOR THE SERVICES TO BE PERFORMED REFLECTS THIS LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY BUNGE OR ANY OF ITS AFFILIATES BE LIABLE TO YOU PRODUCER OR ANY OTHER PERSON OR ENTITY FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVESPECIAL OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES. IN NO EVENT WILL PRODUCER OR ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY, EXEMPLARYANY PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM A BREACH OF THIS AGREEMENT; PROVIDED THAT THE LIMITATION OF LIABILITY IN THIS SENTENCE DOES NOT APPLY TO DAMAGES ARISING UNDER ANY OTHER THEORY OF RECOVERY, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF TORT LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

Disclaimer; Limitation of Liability. LICENSOR WILL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS ARISING FROM THE USE OF OR INABILITY TO USE THE LICENSED PRODUCTS. IN NO EVENT WILL COMPANY BE LIABLE SHALL THE TOTAL LIABILITY OF LICENSOR AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS (EACH AN "AFFILIATE") TO YOU LICENSEE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, NEGLIGENCE), WHETHER OR NOT FORESEEABLEOTHERWISE, EVEN IF WE HAVE BEEN ADVISED EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE LICENSED PRODUCT. ANY DISPUTE, CLAIM OR CONTROVERSY AT LAW OR EQUITY (EACH, A "CLAIM") BROUGHT BY LICENSEE AGAINST LICENSOR AND/OR ITS AFFILIATES, WHICH ARISES OUT OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IS RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED THE LICENSED PRODUCTS, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE REGARDLESS OF ANY STATUS OR LAW TO $50.00 USDTHE CONTRARY. IN THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE EVENT THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH LICENSEE DOES NOT FILE ANY SUCH CONTENTCLAIM WITHIN SUCH ONE-­‐YEAR PERIOD, APPLICATION OR NON- COMPANY SOFTWARESUCH CLAIM SHALL BE BARRED. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENTThe express terms of the Agreement are instead of all warranties, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTconditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

Disclaimer; Limitation of Liability. IN NO EVENT WILL Although we strive to update and keep accurate as much as possible the content contained on the Website, mobile app, and in other forms related to the services, errors and/or omissions may occur. ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, THE MOBILE APP AND ALL OTHER FORMS OF COMMUNICATION FROM THE COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND; , EITHER EXPRESS OR (B) ANY LOSS OF DATA IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR BUSINESSIMPLIED, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR NOT FORESEEABLEFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, SERVICES, EVENTS OR ANY OTHER ACTIVITY RELATED TO THE COMPANY, EVEN IF WE HAVE THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO SERVICES ON THE EXTENT LIMITED BY APPLICABLE LAWWEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS/SERVICES MAY BE CHANGED, AND REGARDLESS PRODUCTS/SERVICES SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF EVENTS/PRODUCTS/SERVICES AVAILABLE ON THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE)WEBSITE, OUR MAXIMUM AGGREGATE LIABILITY UNDER WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION CURRENCY OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSESUCH DESCRIPTIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- EXPRESSLY RELEASE AND HOLD THE COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, LIABILITIES, COSTS INJURIES AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU(INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, MOBILE APP, ANY PRODUCT, SERVICE, OR PARTICIPATION IN ANY WAY CONNECTED WITH ANY SUCH CONTENTEVENT, APPLICATION SERVICE OR NON- OTHERWISE RELATED TO THE COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR OR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTWEBSITE.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY The Registrant acknowledges and agrees that, to the maximum extent possible, DOT DM and Dot DM Related Parties SHALL NOT BE LIABLE TO YOU FOR (A) ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIALSPECIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR BUSINESSPROFITS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUERELATING TO THE USE, OR BUSINESS INTERRUPTIONTHE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF LEGAL THEORY THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, INCLUDING NEGLIGENCE), WHETHER OR OTHERWISE. ADDITIONALLY, DOT DM AND DOT DM RELATED PARTIES SHALL NOT FORESEEABLEBE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES .dm ccTLD REGISTRATION AGREEMENT– xxxx://xxx.xxx.xx 30/08/2019 Page 10 of 13 13. 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 LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN. FINALLY, DOT DM AND DOT DM 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 .dm TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF WE DOT DM AND DOT DM RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DOT DM MAY FORESEE SUCH POSSIBLE DAMAGES. EXCEPT THE REGISTRANT'S SOLE REMEDY FOR DOT DM AND DOT DM RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF DOT DM AND DOT DM RELATED PARTIES, THE RE-SUPPLY OF THE GOODS OR SERVICES, THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED OR REPLACED OR THE SERVICES SUPPLIED AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWALTERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE EXTENT LIMITED AMOUNT OF MONEY PAID TO DOT DM BY APPLICABLE LAWTHE REGISTRANT. Notices. Notices to DOT DM shall be delivered by registered or certified Mail, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE)postage prepaid, OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USDor reputable commercial courier service to: DOT DM Corporation X.X. XXX 0000 Xxxxxx Xxxxxxxxxxxx of Dominica Tel: +0 000 000 0000 Notices mailed by registered or certified official mail of a country shall be deemed delivered on receipt. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT..dm ccTLD REGISTRATION AGREEMENT– xxxx://xxx.xxx.xx 30/08/2019 Page 11 of 13

Disclaimer; Limitation of Liability. IN NO EVENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) EASYPAK AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, AS TO NON-INFRINGEMENT, TITLE, MERCHANTABILITY, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM INTERRUPTIONS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREEDOM FROM ERRORS), WITH RESPECT TO THE SITE, ITS CONTENT, AND THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH IT, ALL OF WHICH ARE PROVIDED “AS IS,” AND (II) EASYPAK AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES WILL COMPANY NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOU FOR (A) YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOST OPPORTUNITIES, LOST INFORMATION, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIALINDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR EXTRA- CONTRACTUAL FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF ANY KIND; OR (B) ANY LOSS THE SITE, EACH OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS WHICH IS HEREBY EXCLUDED BY AGREEMENT OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, THE PARTIES REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAWLIMITATIONS OF LIABILITY SET FORTH HEREIN ARE THE BASIS OF THE BARGAIN BETWEEN YOU AND EASYPAK, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED PRODUCTS, INFORMATION AND SERVICES AVAILABLE AND OFFERED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SITE WOULD NOT BE PROVIDED WITHOUT SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTLIMITATIONS.

Disclaimer; Limitation of Liability. IN NO EVENT THE SOFTWARE IS PROVIDED TO YOU “AS-IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. UBIQ SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UBIQ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL COMPANY NOT BE LIABLE TO YOU FOR (A) ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OF DATA, PROFITS, BUSINESS OPPORTUNITIES, GOOD-WILL OR OTHER INTANGIBLES, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, PUNITIVEINCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR EXTRA- CONTRACTUAL CONSEQUENTIAL DAMAGES OF ANY KIND; , ARISING OUT OF (I) YOUR USE OF THE SOFTWARE OR MATERIALS, (BII) ANY LOSS FAILURE OR MALFUNCTION OF THE SOFTWARE, (III) ANY ERRORS CONTAINED IN THE MATERIEALS, AND (IV) ANY UNAUTHORIZED ACCESS, USE, COPYING, THEFT OR ALTERATION OF ANY DATA TRANSMITTED FROM THE SOFTWARE VIA YOUR COMPUTER SYSTEM OVER A WIRELESS NETWORK, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF ANY OTHER LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)THEORY, WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE UBIQ HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT YOUR USE OF THE SOFTWARE AND MATERIALS IS ENTIRELY AT YOUR OWN RISK. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL REPAIR, SERVICE OR CORRECTION AND, TO THE EXTENT LIMITED PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER AGREE UNCONDITIONALLY TO WAIVE ALL STATUTORY OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE OTHER RIGHTS THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTMAY HOLD AGAINST UBIQ IN RESPECT OF SUCH DEFECT. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTso the limitations above may not apply to you.

Disclaimer; Limitation of Liability. IN COMPANY AND XXXXX.XXX MAKE NO EVENT WILL WARRANTIES EXPRESS OR IMPLIED, AND COMPANY BE LIABLE SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU FOR (A) ADVERTISER OR ANY SPECIALOTHER PERSON WITH RESPECT TO ANY LIABILITY, INCIDENTALLOSS OR DAMAGES, INDIRECTINCLUDING, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, WITHOUT LIMITATION LOSS OF PROFITS OR REVENUESPECIAL OR CONSEQUENTIAL DAMAGES, CAUSED BY OR ARISING OUT OF, EITHER DIRECTLY OR INDIRECTLY, ANY BREACH BY COMPANY OR XXXXX.XXX OF ANY OF THE TERMS OF THIS AGREEMENT, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR IN ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, MANNER ARISING OUT OF OR IN CONNECTION WITH ANY ADVERTISEMENT OR OTHER MATERIAL DISPLAYED ON COMPANY’S, XXXXX.XXX’S OR ADVERTISER’S SITE(S), THE MANNER IN WHICH ANY MATERIAL IS DISPLAYED ON COMPANY’S OR ADVERTISER’S SITE(S), OR THE FAILURE TO DISPLAY ANY ADVERTISEMENT OR OTHER MATERIAL ON COMPANY’S OR ADVERTISER’S SITE(S). SPECIFICALLY, AND WITHOUT IN ANY WAY CONNECTED WITH LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY SUCH CONTENTADVERTISEMENT(S) OR OTHER MATERIAL WILL BE DISPLAYED ON COMPANY’S, APPLICATION XXXXX.XXX’S, OR NON- COMPANY SOFTWAREADVERTISER’S SITE WITHOUT INTERRUPTION OR ERROR. WE ARE NOT RESPONSIBLE IN NO EVENT SHALL COMPANY’S OR XXXXX.XXX’S LIABILITY FOR ANY REASON OR UNDER ANY THEORY EXCEED THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN AMOUNT PAID TO IT BY ADVERTISER UNDER THE EVALUATION ENVIRONMENTINSERTION ORDER.

Disclaimer; Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY HEREBY ACKNOWLEDGES AND AGREES THAT THE SERVICES PROVIDED BY LOCAL PURSUANT TO THIS AGREEMENT AND ANY SERVICE ORDER ATTACHED HERETO ARE BEING PROVIDED TO COMPANY, AND END USERS, “AS IS, WITH ALL FAULTS.” ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOCAL DOES NOT GUARANTEE THAT THE SERVICES OR PRODUCT OF SUCH SERVICES WILL OPERATE CONTINUOUSLY OR UNINTERRUPTED. IF AN INTERRUPTION IN THE SERVICES OCCURS, LOCAL’S SOLE OBLIGATION SHALL BE TO RESTORE THE SERVICES OR PRODUCT OF SUCH SERVICES FOR WHICH IT IS RESPONSIBLE AS SOON AS IS REASONABLY POSSIBLE. EXCEPT WITH RESPECT TO (A) A BREACH OF SECTION 6, (B) THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, (C) EITHER PARTY’S BAD FAITH, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR (D) AS IS OTHERWISE PROVIDED FOR IN A SERVICE ORDER WITH SPECIFIC REFERENCE TO THIS SECTION 8, (X) UNDER NO EVENT CIRCUMSTANCES WILL COMPANY EITHER PARTY BE LIABLE TO YOU THE OTHER FOR (A) ANY SPECIALINDIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR EXTRA- CONTRACTUAL EXEMPLARY DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE SUCH DAMAGES ARE FORESEEABLE OR THE PARTY HAS BEEN ADVISED OR HAS CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT ), ARISING FROM SUCH PARTY’S PERFORMANCE OR NON-PERFORMANCE PURSUANT TO ANY PROVISION OF THIS AGREEMENT OR THE OPERATION OF SUCH PARTY’S BUSINESS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS; AND (Y) EACH PARTY’S AGGREGATE LIABILITY TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OTHER PARTY ARISING FROM OR RELATED RELATING TO THIS AGREEMENT OR ITS THE SUBJECT MATTER IS HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE), WILL BE LIMITED TO $50.00 USD. AN AMOUNT EQUAL TO THE LIMITATIONS IN FEES PAID AND PAYABLE UNDER THE COMMERCIAL TERMS OF THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE AGREEMENT FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTIMMEDIATELY PRECEDING SIX CALENDAR MONTHS.

Disclaimer; Limitation of Liability. IN NO EVENT LICENSEE’S USE OF THE SOFTWARE IS AT ITS SOLE RISK. LICENSOR WARRANTS THAT ITS BRANDED SOFTWARE PRODUCTS WILL COMPANY BE LIABLE TO YOU FOR (AFREE OF MALWARE AT THE TIME OF DELIVERY. LICENSOR(S) ANY SPECIALEXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, INCIDENTALEXPRESS OR IMPLIED, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, NOR DOES THE LICENSOR PROVIDE ANY WARRANTY WITH RESPECT TO VIOLATION OF THE RIGHTS OF THIRD PARTIES. IN ADDITION, LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. BOTH PARTIES ACKNOWLEDGE THAT THEY HAVE NOT ENTERED INTO THESE TERMS IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), WHETHER OR NOT FORESEEABLEFOR THE COST OF PROCURING OTHER SOFTWARE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF WE HAVE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT LICENSOR'S LIABILITY TO LICENSEE UNDER THIS AGREEMENT IS LIMITED TO THE EXTENT AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE RELEVANT SOFTWARE, EXCEPT FOR AMOUNTS IN SECTION 12 ("INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT"). THIS PROVISION DOES NOT LIMIT EITHER PARTY'S LIABILITY FOR: UNAUTHORIZED USE OF INTELLECTUAL PROPERTY, DEATH OR BODILY INJURY CAUSED BY THEIR NEGLIGENCE; ACTS OF FRAUD; WILLFUL REPUDIATION OF THE AGREEMENT; OR ANY LIABILITY THAT MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

Disclaimer; Limitation of Liability. LICENSOR WILL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS ARISING FROM THE USE OF OR INABILITY TO USE THE LICENSED PRODUCTS. IN NO EVENT WILL COMPANY BE LIABLE SHALL THE TOTAL LIABILITY OF LICENSOR AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS (EACH AN "AFFILIATE") TO YOU LICENSEE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, NEGLIGENCE), WHETHER OR NOT FORESEEABLEOTHERWISE, EVEN IF WE HAVE BEEN ADVISED EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE LICENSED PRODUCT. ANY DISPUTE, CLAIM OR CONTROVERSY AT LAW OR EQUITY (EACH, A "CLAIM") BROUGHT BY LICENSEE AGAINST LICENSOR AND/OR ITS AFFILIATES, WHICH ARISES OUT OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IS RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED THE LICENSED PRODUCTS, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE REGARDLESS OF ANY STATUS OR LAW TO $50.00 USDTHE CONTRARY. IN THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE EVENT THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH LICENSEE DOES NOT FILE ANY SUCH CONTENTCLAIM WITHIN SUCH ONE-YEAR PERIOD, APPLICATION OR NON- COMPANY SOFTWARESUCH CLAIM SHALL BE BARRED. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENTThe express terms of the Agreement are instead of all warranties, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTconditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ACKNOWLEDGE THAT YOU ARE USING THE GIY MATERIALS AT YOUR OWN RISK. THE GIY MATERIALS ARE BEING PROVIDED “AS IS” AND WITHOUT ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, EXPRESS OR EXTRA- CONTRACTUAL DAMAGES IMPLIED WARRANTIES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (KIND INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOVATIVE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU, WHETHER DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL), WHETHER OR NOT FORESEEABLEANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE GIY MATERIALS EVEN IF WE HAVE ECOVATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND FOREGOING LIMITATIONS APPLY REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCENEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT. In no event shall the total liability of Ecovative for any claims arising under this Agreement or the use of the GIY Materials exceed in the aggregate one hundred dollars ($100), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR MAY NOT INSTITUTE ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ACTION ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION LIMITATION OF INCIDENTAL OR NON- COMPANY SOFTWARE. WE ARE CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTAPPLY.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY MCAFEE BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- EXTRA-CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE MCAFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MCAFEE’S MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD50.00USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY NON-MCAFEE SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US MCAFEE AGAINST ANY CLAIM AND INDEMNIFY US MCAFEE FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY NON-MCAFEE SOFTWARE. WE ARE MCAFEE IS NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

Disclaimer; Limitation of Liability. THE GAME IS PROVIDED "AS IS," AND USE OF THE GAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE GAME, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. GST DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REFERENCE TO, OR DEPICTION OF, ANY GEAR OR OTHER ITEMS IN NO EVENT THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS RELATING TO ANY GEAR OR OTHER ITEMS IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS. YOU ACKNOWLEDGE THAT WE WILL COMPANY NOT BE LIABLE TO YOU FOR FOR: (A1) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTIONCONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT ; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR THE GAME DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE EXTENT LIMITED BY APPLICABLE LAWCONDUCT OF THIRD PARTIES, AND REGARDLESS INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER PLAYERS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE)GAME. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENTthe above limitations and disclaimers may not apply to you, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTand you may have additional rights.

Disclaimer; Limitation of Liability. TDX DOES NOT WARRANT THAT ITS SERVICES WILL BE ERROR FREE IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIALRESEPECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIALUNINTERRUPTED, OR EXTRA- CONTRACTUAL DAMAGES DELIVERED AS SCHEDULED. TDX WILL NOT REVIEW YOUR DATA FOR ACCURACY OR PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. TDX DOES NOT WARRANT THAT ITS SECURITY PROCEDURES AND THAT OF ITS SERVICE SUPPLIERS, WILL BE ERROR FREE, AND THAT TRANSMISSIONS AND ACCESS TO DATA WILL ALWAYS BE SECURE. ACCORDINGLY, THE SERVICES ARE PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS; WE AND OUR SERVICE SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND; KIND WHATSOEVER. OUR SERVICE PROVIDERS AND LICENSORS DO NOT GRANT YOU ANY WARRANTY AND SHALL NOT HAVE ANY DIRECT OR (B) INDIRECT LIABILITY TO YOU. TDX AND ITS SERVICE SUPPLIERS AND LICENSORS WILL NOT HAVE ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH ANY SUCH CONTENTITS SERVICES OR THIS AGREEMENT FOR LOSS OF USE, APPLICATION INACCURATE OR NON- COMPANY SOFTWARELOST DATA, PROFITS, SECURITY BREACHES, DELAYS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. WE ARE TDX’S AND ITS SERVICE SUPPLIERS’ AND LICENSORS’ MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT (REGARDLESS OF THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE) SHALL NOT RESPONSIBLE FOR EXCEED AN AMOUNT EQUAL TO THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT FEES ACTUALLY PAID BY YOU LOAD INTO OR CREATE WITHIN TO TDX IN CONNECTION WITH THE EVALUATION ENVIRONMENTAPPLICABLE SERVICE DURING THE PRECEDING TWELVE (12) MONTHS.

Disclaimer; Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TRIFACTA SOFTWARE AND ANY MATERIALS OR SERVICES PROVIDED BY TRIFACTA ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR TRIFACTA’S OBLIGATIONS UNDER SECTION 5 OF THIS END USER LICENSE AGREEMENT, (A) CUSTOMER’S SOLE REMEDY AND TRIFACTA’S SOLE LIABILITY FOR ANY BREACH OF THIS END USER LICENSE AGREEMENT SHALL BE TO TERMINATE THE AGREEMENT, CEASE ALL USE OF THE TRIFACTA SOFTWARE AND IMMEDIATELY RETURN TO TRIFACTA THE TRIFACTA SOFTWARE AND ALL DUPLICATES, AND ANY TRIFACTA CONFIDENTIAL INFORMATION; (B) IN NO EVENT WILL COMPANY SHALL TRIFACTA BE LIABLE TO YOU FOR (A) ANY SPECIALCONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECTINDIRECT OR SPECIAL DAMAGES OR COSTS, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF INCLUDING LOST PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS COSTS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)PROCUREMENT OF SUBSTITUTE GOODS, WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THOSE DAMAGES OR COSTS; AND (C) IN NO EVENT WILL THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY OF TRIFACTA OR ANY OF ITS THIRD PARTY LICENSORS (UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION ANY THEORY OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE EXCEED ONE THOUSAND DOLLARS ($1,000), WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION PURPOSE OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTOTHERWISE.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS," “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACAS DOES NOT WARRANT THAT THE SERVICE (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, WILL OPERATE ERROR-FREE OR EXTRA- CONTRACTUAL DAMAGES OF ANY KINDUNINTERRUPTED (INCLUDING WITHOUT LIMITATION DUE TO NETWORK OUTAGES OR THIRD PARTY FAILURES AND/OR DELAYS) OR THAT ACAS WILL CORRECT ALL SERVICE ERRORS; OR (B) WILL MEET CUSTOMER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS, AND CUSTOMER AGREES THAT IT WILL MAKE NO CLAIM AGAINST ACAS BASED ON USE OF THE SERVICE. CUSTOMER ACKNOWLEDGES THAT ACAS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ACAS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ACAS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICE THAT ARISE FROM CUSTOMER’S DATA, APPLICATIONS, CUSTOMER SERVERS, THIRD-PARTY SERVERS OR THIRD PARTY CONTENT. ACAS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT OR SERVICES (INCLUDING THIRD PARTY HOSTING PROVIDERS), AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT OR SERVICES (INCLUDING THIRD PARTY HOSTING PROVIDERS). CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS ACAS FROM ANY LIABILITY ARISING FROM CUSTOMER’S USE OF THE SERVICE ON A CUSTOMER SERVER. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, BUSINESS INTERRUPTION, OR ANY LOSS OF DATA REVENUE OR BUSINESSPROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUEDATA, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLEDATA USE, EVEN IF WE HAVE ACAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, DAMAGES AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AVAILABLE REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. ACAS AGGREGATE LIABILITY UNDER FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT AGREEMENT, WHETHER IN CONTRACT OR ITS SUBJECT MATTER IS TORT, OR OTHERWISE, SHALL BE LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE ACAS FOR THE SECURITY SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENTCAUSE OF ACTION.

Disclaimer; Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) WE AND OUR AFFILIATES, VENDORS, REGISTRARS AND LICENSORS DISCLAIM ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; ALL LOSS OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDINGLIABILITY RESULTING FROM, BUT NOT LIMITED TO, (a) OUR REJECTION OF YOUR APPLICATION TO REGISTER A DOMAIN NAME OR TO PURCHASE SECURE COMMUNICATION SERVICES; (b) ERRORS RELATED TO PROCESSING OF YOUR APPLICATION TO REGISTER A DOMAIN NAME OR TO PURCHASE SECURE COMMUNICATION SERVICES; (c) APPLICATION OF THE DISPUTE POLICY; (d) USE OR INABILITY TO USE A DOMAIN NAME OR THE SECURE COMMUNICATION SERVICES; (e) SUSPENSION, TERMINATION, CANCELLATION OR OTHER LOSS OF YOUR REGISTRATION OF A DOMAIN NAME OR SECURE COMMUNICATION SERVICES, OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. ″UNDER NO CIRCUMSTANCES SHALL WE AND/OR OUR AFFILIATES, VENDORS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WHETHER OR NOT FORESEEABLEOTHERWISE, EVEN IF WE AND/OR OUR AFFILIATES, VENDORS OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), ″IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY UNDER EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).″ BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE LIABILITY FOR ANY CONTENT, APPLICATION CONSEQUENTIAL OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY INCIDENTAL DAMAGES, LIABILITIESIN SUCH STATES, COSTS AND EXPENSES OUR OWN OR THE SETTLEMENT AGREED TO BY YOUOUR AFFILIATES″, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.VENDORS ″OR LICENSORS″