Common use of Disclaimer of Implied Warranties Clause in Contracts

Disclaimer of Implied Warranties. THE WARRANTIES SET FORTH IN SECTION 8.1 AND 8.2 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMER, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, UNINTERRUPTED ACCESS, THAT THE SERVICES ARE SECURE, OR THAT THE SERVICES WILL BE AVAILABLE CONSTANTLY AND IN AN UNINTERRUPTED MANNER AND ANY OTHER IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALL THIRD-PARTY OFFERINGS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACY) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICA.

Disclaimer of Implied Warranties. USER AGREES THAT ITS ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, SOLUTIONS AND/OR THE WARRANTIES SET FORTH IN SECTION 8.1 FARROW WEBSITE IS AT USER’S SOLE RISK. SOLUTIONS AND 8.2 THE FARROW WEBSITE ARE LIMITED WARRANTIES PROVIDED “AS IS” AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMER, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS“AS AVAILABLE”, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVESFARROW AND ITS CONTRACTORS AND LICENSORS, ALL OTHER WARRANTIES AS APPLICABLE, MAKE NO REPRESENTATIONS OR REPRESENTATIONS WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SERVICESWARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. USER SPECIFICALLY ACKNOWLEDGES THAT USER’S USE OF SOLUTIONS OR THE FARROW WEBSITE IS A CONVENIENCE, AND THAT USER HAS NOT RELIED UPON THE ONGOING OR ERROR-FREE OPERATION, UNINTERRUPTED ACCESSUSE OR INFORMATION IN THE FARROW WEBSITE FOR ANY REASON WHATSOEVER. WITHOUT LIMITING THE FOREGOING, FARROW AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATION OR WARRANTY THAT USER’S ACCESS TO OR USE OF THE SERVICES ARE SECURE, OR THAT THE SERVICES WEBSITE WILL BE AVAILABLE CONSTANTLY AND IN AN UNINTERRUPTED MANNER AND OR ERROR-FREE. NEITHER FARROW NOR ITS CONTRACTORS OR LICENSORS MAKE ANY OTHER IMPLIED WARRANTY ARISING FROM COURSE OF DEALING GUARANTEES, REPRESENTATIONS OR COURSE OF PERFORMANCE. IN ADDITION, ALL THIRD-PARTY OFFERINGS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACY) WARRANTIES OF ANY JURISDICTION OUTSIDE KIND, EITHER EXPRESS OR IMPLIED, AS TO THE EXISTENCE OR INTEGRITY OF BACKUPS, IF ANY, OF CONTENT OR MATERIALS STORED ON THE UNITED STATES WEBSITE. IT IS USER’S RESPONSIBILITY TO MAINTAIN LOCAL COPIES OF AMERICAITS POSTINGS.

Disclaimer of Implied Warranties. All manufacturers' warranties may exist which will be passed through to Buyer at closing. At closing, Buyer will receive the statutory warranties imposed by the Florida Condominium Act. TO THE WARRANTIES SET FORTH IN SECTION 8.1 AND 8.2 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMER, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVESMAXIMUM EXTENT LAWFUL, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATIONMERCHANTABILITY AND HABITABILITY, UNINTERRUPTED ACCESSANY AND ALL EXPRESS OR IMPLIED, THAT WARRANTIES AS TO DESIGN, CONSTRUCTION, SOUND TRANSMISSION, FURNISHING AND EQUIPPING OF THE SERVICES ARE SECURECONDOMINIUM PROPERTY, OR THAT ALL WARRANTIES IMPOSED BY STATUTE (EXCEPT ONLY THOSE IMPOSED BY THE SERVICES WILL FLORIDA CONDOMINIUM ACT TO THE EXTENT THEY CANNOT BE AVAILABLE CONSTANTLY DISCLAIMED AND IN AN UNINTERRUPTED MANNER TO THE EXTENT THEY HAVE NOT EXPIRED BY THEIR TERMS) AND ANY ALL OTHER IMPLIED OR EXPRESS WARRANTIES OF ANY KIND OR CHARACTER ARE SPECIFICALLY DISCLAIMED. SELLER HAS NOT GIVEN AND BUYER HAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES, EITHER WITH RESPECT TO ANY PORTIONS OF THE CONDOMINIUM PROPERTY AND/OR OTHER PORTIONS OF THE. BUYER UNDERSTANDS AND AGREES THAT WARRANTIES REQUIRED BY THE FLORIDA CONDOMINIUM ACT GOVERN THE CONDOMINIUM PROPERTY ONLY. AS TO ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITIONWHICH CANNOT BE DISCLAIMED ENTIRELY, ALL THIRDSECONDARY INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAIMED ENTIRELY ABOVE). Without limiting the generality of the foregoing, if, but only if, Seller is prohibited from disclaiming entirely certain implied warranties by reason of the provisions of the "Xxxxxxxx-PARTY OFFERINGS Xxxx Warranty Act" (15 X.X.X. §0000 et seq. (1981) (the "Warranty Act”), if applicable, SELLER HEREBY LIMITS THOSE IMPLIED WARRANTIES (IF ANY) (A) IN SCOPE TO THOSE (IF ANY) GIVEN ON "CONSUMER PRODUCTS" (IF ANY) (AS DEFINED IN THE WARRANTY ACT, IF APPLICABLE), WHICH ARE PROVIDED “AS-IS” ACTUALLY COVERED BY THE LIMITED WARRANTY, AND ANY REPRESENTATION OR WARANTY (B) IN DURATION TO THE ONE YEAR PERIOD OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER SELLER'S LIMITED WARRANTY, AND THE THIRD-PARTY OWNERALL THOSE IMPLIED WARRANTIES (IF ANY) ARE HEREBY DISCLAIMED ABSOLUTELY THEREAFTER. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS This paragraph will survive (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACYcontinue to be effective after) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICAclosing.

Disclaimer of Implied Warranties. THE WARRANTIES SET FORTH IN SECTION 8.1 AND 8.2 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS CRG AND CUSTOMER, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS CRG AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, UNINTERRUPTED ACCESS, THAT THE SERVICES ARE SECURE, OR THAT THE SERVICES WILL BE AVAILABLE CONSTANTLY AND IN AN UNINTERRUPTED MANNER AND ANY OTHER IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALL THIRD-PARTY OFFERINGS ARE PROVIDED “AS-IS” AND ANY CRG MAKES NO REPRESENTATION OR WARANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNERTHEM. POWERDMS CRG MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACY) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICA.

Disclaimer of Implied Warranties. EXCEPT FOR THE WARRANTIES EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 8.1 AND 8.2 ARE LIMITED 11(b), BADGER METER MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMER, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT AS TO THE SUBJECT MATTER OF THIS AGREEMENTPORTAL, INCLUDING THE SERVICES, SERVICE OR DOCUMENTATION. BADGER METER EXPRESSLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES WITH REGARD TO THE PORTAL, INCLUDING SERVICE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATIONQUIET ENJOYMENT, UNINTERRUPTED ACCESSOR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, INDUSTRY PRACTICE OR USAGE OF TRADE. BADGER METER EXPRESSLY DISCLAIMS THAT THE SERVICES ARE SECUREPORTAL AND SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES AS TO THE RELIABILITY, QUALITY, SECURITY, CONDITION, DESIGN, SUITABILITY, INTER-OPERABILITY, AVAILABILITY, COMPLETENESS OF THE PORTAL OR SERVICE OR THAT ANY DATA, INCLUDING THE SERVICES CUSTOMER DATA, WILL BE AVAILABLE CONSTANTLY AND IN AN UNINTERRUPTED MANNER AND ANY OTHER IMPLIED WARRANTY ARISING FROM COURSE OF DEALING SECURE OR COURSE OF PERFORMANCE. IN ADDITION, ALL THIRD-PARTY OFFERINGS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION NOT OTHERWISE LOST OR WARANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACY) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICADAMAGED.

Disclaimer of Implied Warranties. ERG AND CONOCOPHILLIPS EACH ACKNOWLEDGES THAT IT HAS ENTERED INTO THIS AGREEMENT BASED SOLELY ON THE WARRANTIES EXPRESS REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS SET FORTH IN SECTION 8.1 AND 8.2 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMERHEREIN AND, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT SUBJECT TO THE SUBJECT MATTER OF EXPRESS REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS SET FORTH HEREIN, CONOCOPHILLIPS ACCEPTS SALES VOLUMES DELIVERED HEREUNDER “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDING T0SCO EXPRESSLY NEGATES, AS TO THE SERVICESDELIVERY AMOUNTS, ANY OTHER REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO (A) CONFORMITY TO MODELS OR SAMPLES, (B) MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR (C) FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, UNINTERRUPTED ACCESS, THAT THE SERVICES ARE SECURE, OR THAT THE SERVICES WILL BE AVAILABLE CONSTANTLY AND IN AN UNINTERRUPTED MANNER AND ANY OTHER IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALL THIRD-PARTY OFFERINGS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER[*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACY) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICAConfidential treatment has been requested with respect to the omitted portions.

Disclaimer of Implied Warranties. All manufacturers' warranties may exist which will be passed through to Buyer at closing. At closing, Xxxxx will receive the statutory warranties imposed by the Florida Condominium Act. TO THE WARRANTIES SET FORTH IN SECTION 8.1 AND 8.2 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMER, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVESMAXIMUM EXTENT LAWFUL, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATIONMERCHANTABILITY AND HABITABILITY, UNINTERRUPTED ACCESSANY AND ALL EXPRESS OR IMPLIED, THAT WARRANTIES AS TO DESIGN, CONSTRUCTION, SOUND TRANSMISSION, FURNISHING AND EQUIPPING OF THE SERVICES ARE SECURECONDOMINIUM PROPERTY, OR THAT ALL WARRANTIES IMPOSED BY STATUTE (EXCEPT ONLY THOSE IMPOSED BY THE SERVICES WILL FLORIDA CONDOMINIUM ACT TO THE EXTENT THEY CANNOT BE AVAILABLE CONSTANTLY DISCLAIMED AND IN AN UNINTERRUPTED MANNER TO THE EXTENT THEY HAVE NOT EXPIRED BY THEIR TERMS) AND ANY ALL OTHER IMPLIED OR EXPRESS WARRANTIES OF ANY KIND OR CHARACTER ARE SPECIFICALLY DISCLAIMED. SELLER HAS NOT GIVEN AND BUYER HAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES, EITHER WITH RESPECT TO ANY PORTIONS OF THE CONDOMINIUM PROPERTY AND/OR OTHER PORTIONS OF THE. XXXXX UNDERSTANDS AND AGREES THAT WARRANTIES REQUIRED BY THE FLORIDA CONDOMINIUM ACT GOVERN THE CONDOMINIUM PROPERTY ONLY. AS TO ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITIONWHICH CANNOT BE DISCLAIMED ENTIRELY, ALL THIRDSECONDARY INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAIMED ENTIRELY ABOVE). Without limiting the generality of the foregoing, if, but only if, Seller is prohibited from disclaiming entirely certain implied warranties by reason of the provisions of the "Xxxxxxxx-PARTY OFFERINGS Xxxx Warranty Act" (15 X.X.X. §0000 et seq. (1981) (the "Warranty Act”), if applicable, SELLER HEREBY LIMITS THOSE IMPLIED WARRANTIES (IF ANY) (A) IN SCOPE TO THOSE (IF ANY) GIVEN ON "CONSUMER PRODUCTS" (IF ANY) (AS DEFINED IN THE WARRANTY ACT, IF APPLICABLE), WHICH ARE PROVIDED “AS-IS” ACTUALLY COVERED BY THE LIMITED WARRANTY, AND ANY REPRESENTATION OR WARANTY (B) IN DURATION TO THE ONE YEAR PERIOD OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER SELLER'S LIMITED WARRANTY, AND THE THIRD-PARTY OWNERALL THOSE IMPLIED WARRANTIES (IF ANY) ARE HEREBY DISCLAIMED ABSOLUTELY THEREAFTER. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS This paragraph will survive (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACYcontinue to be effective after) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICAclosing.

Disclaimer of Implied Warranties. BUYER AND SUPPLIER EACH ACKNOWLEDGES THAT IT HAS ENTERED INTO THIS AGREEMENT BASED SOLELY ON THE WARRANTIES EXPRESS REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS SET FORTH IN SECTION 8.1 AND 8.2 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMERHEREIN AND, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT SUBJECT TO THE SUBJECT MATTER EXPRESS REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS SET FORTH HEREIN, BUYER ACCEPTS ALL VOLUMES OF CRUDE OIL DELIVERED HEREUNDER "AS IS." EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDING SUPPLIER EXPRESSLY NEGATES AND DISCLAIMS, AS TO THE SERVICESCRUDE OIL DELIVERED HEREUNDER, ANY OTHER REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITYWITHOUT LIMITATION, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, UNINTERRUPTED ACCESS, THAT THE SERVICES ARE SECURE, OR THAT THE SERVICES WILL BE AVAILABLE CONSTANTLY AND IN AN UNINTERRUPTED MANNER AND ANY OTHER IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALL THIRD-PARTY OFFERINGS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY WARRANTY WITH RESPECT TO PORTIONS OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY THIS EXHIBIT DENOTED WITH THE LAWS THREE ASTERISKS (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACY***) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICAHAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.

Disclaimer of Implied Warranties. THE WARRANTIES SET FORTH IN SECTION 8.1 AND 8.2 THIS ARTICLE 11 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMER, HEREUNDER, RESPECTIVELY. EACH IN LIEU OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATIONNONINFRINGEMENT AND FREEDOM FROM THIRD PARTY RIGHTS. BOSCH EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, UNINTERRUPTED ACCESSFITNESS FOR ANY PARTICULAR PURPOSE, THAT THE SERVICES ARE SECURENONINFRINGEMENT, AND SCOPE, VALIDITY, ENFORCEABILITY OR THAT THE SERVICES WILL BE AVAILABLE CONSTANTLY AND IN AN UNINTERRUPTED MANNER FREEDOM FROM THIRD PARTY PRIOR USER RIGHTS UNDER 35 U.S.C. § 273 (OR ANY COMPARABLE PROVISION OF LAW) OF ANY INTELLECTUAL PROPERTY RIGHTS GRANTED HEREUNDER, AND ANY OTHER IMPLIED WARRANTY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE PERFORMANCE, CUSTOM, USAGE OF PERFORMANCETRADE OR PROFESSION, OR OTHERWISE IN CONNECTION WITH THIS FCPM LICENSE, THE LICENSED PRODUCTS OR THE LICENSED MATERIALS PROVIDED UNDER THIS FCPM LICENSE. IN ADDITIONUNDER NO CIRCUMSTANCES SHALL BOSCH BE LIABLE FOR INCIDENTAL, ALL THIRD-PARTY OFFERINGS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION CONSEQUENTIAL OR WARANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACY) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICAPUNITIVE DAMAGES.

Disclaimer of Implied Warranties. THE WARRANTIES SET FORTH IN SECTION 8.1 AND 8.2 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY POWERDMS AND CUSTOMER, HEREUNDER, RESPECTIVELY. EACH OF POWERDMS AND CUSTOMER EXPRESSLY DISCLAIMS, AND THE OTHER PARTY HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, UNINTERRUPTED ACCESS, THAT THE SERVICES ARE SECURE, OR THAT THE SERVICES WILL BE AVAILABLE CONSTANTLY AND IN AN UNINTERRUPTED MANNER AND ANY OTHER IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALL THIRD-PARTY OFFERINGS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. POWERDMS MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE LAWS (INCLUDING WITHOUT LIMITATION ANY LAWS RESPECTING DATA PRIVACY) OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES OF AMERICA. The provisions of this paragraph only apply to the extent allowable under Mississippi Law.