Common use of Disclaimer of Liability Clause in Contracts

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, SOFTWARE AND THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER MERCHANTABILITY OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED ANY OTHER WARRANTIES WHETHER EXPRESSED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTEDIMPLIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY ANY LICENSOR PARTY DOUBLE JADE LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WARRANTYWAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. BECAUSE SOME JURISDICTIONS DO NOT ALLOW DOUBLE JADE LLC SHALL HAVE NO RESPONSIBILITY IF THE EXCLUSION SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL USE OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM. IN NO EVENT WILL ANY LICENSOR PARTY NEITHER DOUBLE JADE LLC NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION(INCLUDING, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO PROPERTYUSE EQUIPMENT OR ACCESS DATA, LOSS OF GOODWILLBUSINESS, COMPUTER FAILURE LOSS OF PROFITS, BUSINESS INTERRUPTION OR MALFUNCTION ANDTHE LIKE), TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF THE USE OF, OR RELATED INABILITY TO THIS AGREEMENT OR USE, THE GAMESOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, WHETHER ARISING IN BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT PRODUCT LIABILITY OR OTHERWISE, WHETHER EVEN IF DOUBLE JADE LLC OR NOT ANY LICENSOR PARTY HAS ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUITS ESSENTIAL PURPOSE.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR SHOW MANAGEMENT DISCLAIMS ANY PERSON AND ALL WARRANTIES WHETHER EXPRESS OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVERIMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SHOW MANAGEMENT MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE NUMBER OF PEOPLE OR EXHIBITORS WHO WILL ATTEND THE SHOW MANAGEMENT OR ANY OTHER ACTIVITIES OR FUNCTIONS OR ANY OTHER MATTERS, IN NO EVENT SHALL SHOW MANAGEMENT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO PROPERTYOF ANY KIND, LOSS OF GOODWILLINCLUDING, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGEBUT NOT LIMITED TO, LOST REVENUE OR PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES REGARDLESS OF THE FORM OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAMEWHETHER IN CONTRACT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY EVEN IF SHOW MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMGES. IN NO EVENT SHALL LICENSOR’S THE MAXIMUM LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) OF SHOW MANAGEMENT EXCEED THE ACTUAL PRICE FEES PAID BY YOU FOR USE OF THE GAMEEXHIBITOR. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.Is this the same as #20?

Disclaimer of Liability. NONE ‌ COUNTY HEREBY DISCLAIMS, AND TENANT HEREBY RELEASES THE COUNTY PARTIES, FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, NEGLIGENCE AND NUISANCE), FOR ANY LOSS, DAMAGE, OR INJURY OF LICENSOR, LICENSOR’S THIRD ANY NATURE WHATSOEVER SUSTAINED BY ANY TENANT PARTY SERVICE PROVIDERS, NOR DURING THE TERM OF THIS LEASE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, EXTENSION THEREOF INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, LOSS, DAMAGE OR INJURY TO THE IMPROVEMENTS OR PERSONAL PROPERTY OF A TENANT PARTY THAT MIGHT BE LOCATED OR STORED ON THE PREMISES, UNLESS SUCH LOSS, DAMAGE OR INJURY IS CAUSED BY A COUNTY PARTY’S SOLE NEGLIGENCE OR IS CAUSED BY COUNTY’S BREACH OF ITS OBLIGATIONS UNDER THIS LEASE. THE PARTIES HERETO EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL COUNTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES TO PROPERTYWHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, NEGLIGENCE, AND NUISANCE), SUCH AS, BUT NOT LIMITED TO, LOSS OF GOODWILL, COMPUTER FAILURE REVENUE OR MALFUNCTION AND, ANTICIPATED PROFITS OR ANY OTHER DAMAGE RELATED TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES LEASING OF ACTION ARISING OUT OF OR RELATED THE PREMISES PURSUANT TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOULEASE.

Disclaimer of Liability. NONE OF LICENSORTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON IN NO EVENT WILL OPENPATH OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, EMPLOYEES EMPLOYEES, SUPPLIERS, LICENSORS OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS LIABLE TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS USER FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTYLOST PROFITS, LOSS OF GOODWILLREVENUE, COMPUTER FAILURE SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR MALFUNCTION ANDSIMILAR DAMAGES, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED IN ANY WAY RELATING TO THIS THE MOBILE APP TERMS, THE AGREEMENT OR THE GAMEUSE OF OR INABILITY TO USE THE MOBILE APP, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)THE SERVICE OR THE SYSTEM, CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY EVEN IF OPENPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF THEORY UPON WHICH SUCH CLAIM IS BASED, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT CASE WILL OPENPATH’S OR ITS SUPPLIERS’ OR LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE SUBSCRIPTION FEES THAT THE AUTHORIZED CUSTOMER PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY LESS IN EACH CASE AMOUNTS PREVIOUSLY PAID BY OPENPATH IN SATISFACTION OF LIABILITY UNDER THIS AGREEMENT, AND REGARDLESS OF THEORY UPON WHICH SUCH CLAIM IS BASED, INCLUDING CONTRACT, TORT, NEGLIGENCE, INDEMNITY, OR ANY OTHER LEGAL THEORY OF LIABILITY. USER ACKNOWLEDGES THAT THE TERMS IN THIS SECTION SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUITS ESSENTIAL PURPOSE.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, CLIENTS, AGENCIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION LOSSES ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT AND/OR THE GAMESERVICE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) NOT EXCEED THE ACTUAL PRICE AMOUNTS, IF ANY, PAID BY YOU FOR USE OF TO US DURING THE GAMEPAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE SERVICE. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESThe Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUstate, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, SOFTWARE AND THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER MERCHANTABILITY OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED ANY OTHER WARRANTIES WHETHER EXPRESSED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTEDIMPLIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY ANY LICENSOR PARTY ELEMENTAL NOTIONS LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WARRANTYWAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. BECAUSE SOME JURISDICTIONS DO NOT ALLOW ELEMENTAL NOTIONS LLC SHALL HAVE NO RESPONSIBILITY IF THE EXCLUSION SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL USE OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM. IN NO EVENT WILL ANY LICENSOR PARTY NEITHER ELEMENTAL NOTIONS LLC NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION(INCLUDING, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO PROPERTYUSE EQUIPMENT OR ACCESS DATA, LOSS OF GOODWILLBUSINESS, COMPUTER FAILURE LOSS OF PROFITS, BUSINESS INTERRUPTION OR MALFUNCTION ANDTHE LIKE), TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF THE USE OF, OR RELATED INABILITY TO THIS AGREEMENT OR USE, THE GAMESOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, WHETHER ARISING IN BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT PRODUCT LIABILITY OR OTHERWISE, WHETHER EVEN IF ELEMENTAL NOTIONS LLC OR NOT ANY LICENSOR PARTY HAS ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUITS ESSENTIAL PURPOSE.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE ““ LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY QUALITY, OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS PROFITS, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME STATES/PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE FULLEST EXTENT PERMITTED UNDER APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. LAW: IN NO EVENT WILL FORMFIRE OR ITS AFFILIATES, OR ANY LICENSOR OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICE. YOU ARE PROVIDED THE SERVICE PURSUANT TO THE SOFTWARE AS A SERVICE AGREEMENT BETWEEN FORMFIRE AND LICENSEE, SOLELY FOR THE BENEFIT OF LICENSEE AND AT LICENSEE'S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY FORMFIRE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SERVICE SHALL BE SOLELY TO LICENSEE PURSUANT TO THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN. IN ANY EVENT, EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 9 APPLY REGARDLESS OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS FORM OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAMEACTION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, TORT, STRICT LIABILITY PRODUCT LIABILITY, OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY ; AND APPLY EVEN IF FORMFIRE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION, AND EVEN IF SUCH DAMAGESDAMAGES WERE FORESEEABLE. IF THIS LIMITATION OF LIABILITY CONFLICTS IN NO EVENT SHALL LICENSORANY WAY WITH APPLICABLE LAW, FORMFIRE’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED WILL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Disclaimer of Liability. NONE BY ACCEPTING THIS AGREEMENT, CUSTOMER AGREES THAT ANY LIABILITY ON THE PART OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN LIGHTING ANALYSTS SHALL BE LIMITED EXCLUSIVELY TO A MONETARY REFUND OF THE GAME, NOR ANY PURCHASE PRICE OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT ACTIVE SUBSCRIPTION TERM FOR THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS SPECIFIC SOFTWARE WHICH IS THE SUBJECT MATTER AT ISSUE. TO THE ACCURACYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES LIGHTING ANALYSTS SHALL NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL INDIRECT, EXEMPLARY, INCIDENTAL, SPECULATIVE, THIRD PARTY, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAMEWHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILLPROFITS, COMPUTER FAILURE OR MALFUNCTION ANDCONFIDENTIAL OR OTHER INFORMATION, TO THE EXTENT PERMITTED BY LAWFOR BUSINESS INTERRUPTION, DAMAGES FOR PERSONAL INJURIESINJURY, DEATHFOR LOSS OF PRIVACY, PROPERTY DAMAGEFOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, LOST PROFITS FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR PUNITIVE DAMAGES OTHER LOSS WHATSOEVER, ARISING FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY ORDER OR THE GAMEOPERATION OR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER ARISING MATERIALS, PAYMENT SERVICES AND/OR SERVICES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), CONTRACTMISREPRESENTATION, STRICT LIABILITY LIABILITY, BREACH OF CONTRACT OR OTHERWISEBREACH OF WARRANTY OF LIGHTING ANALYSTS, WHETHER INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF DATA OR NOT PROGRAMMING, LOSS OF REVENUE OR PROFITS FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST CUSTOMER BY ANY LICENSOR PARTY THIRD PERSON, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF THE WARRANTY OF LIGHTING ANALYSTS EVEN IF LIGHTING ANALYSTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL , LOSS, OR CLAIM; (B) DAMAGES (EXCEPT AS REQUIRED REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY APPLICABLE LAWLIGHTING ANALYSTS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND LIGHTING ANALYSTS’ REASONABLE CONTROL; OR (C) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE CLAIMS MADE A SUBJECT OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION A LEGAL PROCEEDING AGAINST LIGHTING ANALYSTS MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUACTION FIRST AROSE.

Disclaimer of Liability. NONE UBIQUITI HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF LICENSORANY KIND WITH RESPECT TO THE PRE-RELEASE PRODUCTS, LICENSOR’S THIRD PARTY INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES AND WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE PROVIDERSOR RESULTS, NOR AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT AUTHORIZED BY LAW. UBIQUITI EXPRESSLY DOES NOT WARRANT THAT THE PRE-RELEASE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF SUCH PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. UBIQUITI IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT WITH RESPECT TO THE PRE-RELEASE PRODUCTS, AND PROVIDES NO ASSURANCE THAT ANY PERSON SPECIFIC ERRORS OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED DISCREPANCIES IN THE GAMEPRE-RELEASE PRODUCTS WILL BE CORRECTED. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NOR ANY YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVERPRE-RELEASE PRODUCT AND THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THAT ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT USE OF THE GAMES FITNESS FOR PRE-RELEASE PRODUCT AND THE SERVICES WITH YOUR COMPUTER, NETWORK, SYSTEM, DEVICES AND/OR PERIPHERALS, AND ANY INTENDED PURPOSE. DUE DAMAGE TO VARIATIONS IN HARDWAREANY EQUIPMENT, SOFTWARE, INTERNET CONNECTIONS INFORMATION OR DATA, AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY UBIQUITI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAMEDAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY CONTRACT OR OTHERWISE, WHETHER ARISING OUT OF OR NOT RELATED TO THIS AGREEMENT, INCLUDING ANY LICENSOR PARTY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE PRODUCT AND THE SERVICES WITH YOUR COMPUTER, NETWORK, SYSTEM, DEVICES AND/OR PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR UBIQUITI’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF UBIQUITI HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSORUBIQUITI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAWLAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE ACTUAL PRICE PAID BY YOU FOR AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. UBIQUITI DOES NOT WARRANT THAT YOUR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/PRE-RELEASE PRODUCT OR THE EXCLUSION SERVICES WILL BE UNINTERRUPTED OR LIMITATION ERROR-FREE, NOR DOES UBIQUITI WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. UBIQUITI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF INCIDENTAL THE INTERNET AND ELECTRONIC COMMUNICATIONS OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUOTHER SYSTEMS.

Disclaimer of Liability. NONE EXCEPT FOR CLAIMS OF LICENSORINTENTIONAL MISCONDUCT, LICENSOR’S THIRD PARTY SERVICE PROVIDERSGROSS NEGLIGENCE, NOR ANY PERSON DEATH OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREEPERSONAL INJURY, OR ANY CLAIM THAT THE GAME CANNOT BE LIMITED BY LAW, NUIX WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, LOSS (INCLUDING BUT NOT LIMITED TOTO ANY BUSINESS INTERRUPTION, DAMAGES TO PROPERTYOR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, COMPUTER FAILURE REPUTATION, PUBLICITY, INFORMATION, OR MALFUNCTION ANDUSE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY; OR (B) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST NUIX MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR LICENSEE USES THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSORSOFTWARE AT LICENSEE’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUOWN RISK.

Disclaimer of Liability. NONE EXCEPT AS EXPLICITLY OTHERWISE SET FORTH HEREIN: (I) ANY USE BY CUSTOMER OF LICENSORTHE SERVICES AND/OR ANY WORK PRODUCT THEREOF AND/OR ANY DATA AND/OR INFORMATION AGGREGATED BY THE SERVICES IS AT CUSTOMER'S OWN RISK, LICENSOR’S THIRD PARTY SERVICE PROVIDERS(II) THE SERVICES AND/OR ANY WORK PRODUCT THEREOF AND/OR ANY DATA AND/OR INFORMATION AGGREGATED BY THE SERVICES ARE PROVIDED “AS IS,” AND (III) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOR FORNOVA DISCLAIMS ALL WARRANTIES OF ANY PERSON KIND, EITHER EXPRESS, IMPLIED, AND/OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVERSTATUTORY, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR FREEUSE, AS TO THE SATISFACTORY QUALITY, SECURITY, NON-INFRINGEMENT, AVAILABILITY, TIMELINESS, ACCURACY, CORRECTNESS, COMPLETENESS, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR RESULTS, IN RESPECT OF THE GAMES FITNESS SERVICES, CONTENT, WORK PRODUCT THEREOF AND/OR ANY DATA AND/OR INFORMATION AGGREGATED BY THE SERVICES AND FORNOVA SHALL NOT BE LIABLE FOR ANY INTENDED PURPOSEOF THE FOREGOING. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES FORNOVA DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME FUNCTIONS CONTAINED IN THE SERVICES AND/OR ANY WORK PRODUCT THEREOF AND/OR ANY DATA AND/OR INFORMATION AGGREGATED BY THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED ANY REQUIREMENTS OR ERROR-FREENEEDS CUSTOMER MAY HAVE, OR THAT THE GAME SERVICES AND/OR ANY WORK PRODUCT THEREOF AND/OR ANY DATA AND/OR INFORMATION AGGREGATED BY THE SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OPERATE ERROR FREE, WITHOUT DELAY AND/OR HARDWARE OR IN AN UNINTERRUPTED AND/OR TIMELY FASHION, AND/OR THAT ANY DEFECTS OR ERRORS IN THE GAME SERVICES AND/OR ANY WORK PRODUCT THEREOF AND/OR ANY DATA AND/OR INFORMATION AGGREGATED BY THE SERVICES WILL BE CORRECTED. NO ORAL , AND/OR WRITTEN ADVICE PROVIDED THAT THE SERVICES AND/OR ANY WORK PRODUCT THEREOF AND/OR ANY DATA AND/OR INFORMATION AGGREGATED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE THE SERVICES ARE SECURED FROM UNAUTHORIZED ACCESS.. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUWARRANTIES.

Disclaimer of Liability. NONE WE AND THE SERVICER MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF LICENSORMERCHANTABILITY, LICENSOR’S AGAINST INFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT WE OR THE SERVICER ARE FOUND LIABLE TO YOU, YOU WILL BE ENTITLED TO RECOVER ONLY YOUR ACTUAL DAMAGES AND NEITHER ONE OF US SHALL BE LIABLE TO YOU FOR AND YOU ARE NOT ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOST PROFITS) OR SPECIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE OR THE SERVICER MAY HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES SHALL OUR/SERVICERTOTAL LIABILITY TO YOU OR ANY THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS CARDHOLDER AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500.00) REGARDLESS OF WHETHER ANY ACTION OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)CLAIM IS BASED ON WARRANTY, CONTRACT, STRICT LIABILITY TORT OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAMEYou understand the limitation of our or the Servicer’s liability as set forth in this paragraph to be a reasonable allocation of risk and expressly consent to such allocation of risk. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUNeither party may assert any claim against the other party under or arising from this Agreement that accrued more than two years prior to the filing of the action or proceeding alleging such claim. Each party shall be a duty to mitigate damage for which the other party may become responsible.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED OUR ONLY OBLIGATION HEREUNDER IS TO PAY YOU COMMISSIONS IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE ACCORDANCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIS AGREEMENT. IN NO EVENT WILL ANY LICENSOR PARTY WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OTHER TYPE OF OBLIGATION OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, ANY KIND (INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTYFOR LOSS OF BUSINESS, LOSS OF GOODWILLPROFITS, COMPUTER FAILURE BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT, THE SERVICE, THE RESELLER PROGRAM, ANY USE BY YOU OR RELATED TO THIS AGREEMENT YOUR CUSTOMERS OF IFBYPHONE'S WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, AND THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN TRANSACTIONS CONTEMPLATED HEREBY EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER ANY OF SUCH EVENTS WAS ADVERTENT OR INADVERTENT, INTENTIONAL OR UNINTENTIONAL, JUSTIFIED OR NOT, NEGLIGENT OR GROSSLY NEGLIGENT, OR BROUGHT UNDER A CAUSE OF ACTION IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAMECONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. BECAUSE SOME PROVINCES/STATES/COUNTRIES JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN ADDITION TO THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY UNDER ANY THEORY OF RECOVERY SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

Disclaimer of Liability. NONE OF LICENSORAs described below, LICENSOR’S THIRD PARTY SERVICE PROVIDERSif something bad happens relating to this agreement, NOR ANY PERSON OR ENTITY INVOLVED IN CREATINGthe members’ patent crypto- technology patents, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAMEor any of the licenses granted under this agreement, NOR ANY OF THEIR RESPECTIVE DIRECTORSCOPA and the members will not be liable to the extent permitted by applicable law, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS unless the bad thing was caused by gross negligence or willful misconduct by COPA or the relevant member. TO THE ACCURACYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELIABILITYAND OTHER THAN WITH RESPECT TO WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL COPA OR A MEMBER (INCLUDING, FOR CLARITY, ANY LICENSOR PARTY OF THE MEMBER’S CONTROLLED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING DAMAGES RESULTING FROM POSSESSIONFOR LOSS OF PROFITS, USE GOODWILL, USE, OR MALFUNCTION OTHER INTANGIBLE LOSSES, RELATING TO OR ARISING IN ANY MANNER OUT OF THIS AGREEMENT, THE PLEDGED PATENTS, OR THE RIGHTS GRANTED HEREUNDER, EVEN IF COPA OR SUCH MEMBER (INCLUDING, FOR CLARITY, ANY OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY MEMBER’S CONTROLLED ENTITIES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED. IN NO EVENT IF COPA OR A MEMBER BREACHES ITS PATENT PLEDGE, COPA AND THE MEMBERS SHALL LICENSOR’S LIABILITY NOT BE JOINTLY AND SEVERALLY LIABLE FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUSUCH BREACH.

Disclaimer of Liability. NONE ANY WARRANTIES PROVIDED FOR HEREIN ARE IN LIEU OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED ALL OTHER WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONDITIONS, SOME EXPRESS OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAMEIMPLIED, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND INFRINGEMENT AND THOSE ARISING BY LAWSTATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. GEM DOES NOT REPRESENT OR WARRANT THAT THE UNITS WILL MEET ANY OR ALL OF CO-OP'S PARTICULAR REQUIREMENTS, DAMAGES FOR PERSONAL INJURIESTHAT THE UNITS WILL PERFORM TO CO-OP'S PERFORMANCE STANDARDS, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THAT THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OPERATION OF THE POSSIBILITY UNITS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY ERRORS CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. SPECIFICALLY, AND WITHOUT IN ANY WAY LIMITING THE BREADTH OF SUCH DAMAGESTHE DISCLAIMER OF LIABILITY CONTAINED IN THIS SECTION 6, GEM EXPRESSLY DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE UNITS BY CO-OP WILL YIELD A SPECIFIC SAVINGS BY CO-OP, OR ANY SAVINGS AT ALL. THE FOREGOING NOTWITHSTANDING, GEM AGREES TO WARRANT THAT IT OWNS TITLE TO THE UNITS AND IT FURTHER WARRANTS THE MERCHANTABILITY OF THE UNITS. IN NO EVENT SHALL LICENSOR’S LIABILITY GEM OR ITS OFFICERS, EMPLOYEES OR SHAREHOLDERS SHALL BE HELD LIABLE FOR ALL ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAWINCLUDING, BUT NOT LIMITED TO, PROCUREMENT OR SUBSTITUTE GOODS OR SERVICESOR BUSINESS INTERRUPTION), NOR SHALL IT BE LIABLE TO CO-OP FOR INDEMNIFICATION OF SUCH DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED ARISING IN ANY WAY OUT OF THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAMEUNITS, CAUSED SOLELY DUE TO THE NEGLIGENCE, FAULT OR INTENTIONAL ACT OF CO-OP OR ANY OTHER INDIVIDUAL OR ENTITY NOT AFFILIATED WITH OR ACTING ON BEHALF OF GEM. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/LIKEWISE, NEITHER CO-OP NOR ITS OFFICERS, EMPLOYEES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL SHAREHOLDERS SHALL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OR SUBSTITUTE GOODS OR SERVICESOR BUSINESS INTERRUPTION), NOR SHALL IT BE LIABLE TO GEM FOR INDEMNIFICATION OF SUCH DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE ABOVE LIMITATIONS AND/USE OF THE UNITS, CAUSED IN WHOLE DUE TO THE NEGLIGENCE, FAULT OR EXCLUSION INTENTIONAL ACT OF GEM. TO THE EXTENT THAT DAMAGES ARE CAUSED UNDER CIRCUMSTANCES WHERE BOTH CO-OP AND GEM ARE AT FAULT FOR THE CAUSATION OF THE DAMAGES, EACH PARTY SHALL SOLELY BE LIABLE FOR ITS PERCENTAGE OF DAMAGES CAUSED BY THAT PARTY'S FAULT, AND SHALL OWE NO LIABILITY OR LIMITATION INDEMNIFICATION TO ANY OTHER PARTY FOR THE PERCENTAGE OF DAMAGES CAUSED BY THE OTHER PARTY'S FAULT. THIS DISCLAIMER OF LIABILITY MAY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING BUT NOT APPLY LIMITED TO YOUTHOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME AT&T WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL ANY DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT RELATING TO: INTEROPERABILITY, ACCESS OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED INTERCONNECTION OF THE POSSIBILITY SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY LICENSEE OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS; LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF LICENSEE’S (OR ITS AFFILIATES’, USERS’ OR THIRD PARTIES’) APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 10.3. Disclaimer of Warranties. AT&T MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING LICENSED FIBER OR ANY STRANDS LICENSED UNDER THIS AGREEMENT, OR ANY ANCILLARY EQUIPMENT (SUCH DAMAGESAS EQUIPMENT THAT ESTABLISHES DEMARCATION POINTS) USED IN CONJUNCTION WITH ANY LICENSED FIBER OR STRAND, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL LICENSORAT&T DOES NOT GUARANTEE NETWORK SECURITY OR THAT AT&T SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO LICENSEE’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUDATA AND INFORMATION.

Disclaimer of Liability. NONE TOWN HEREBY DISCLAIMS, AND TENANT HEREBY RELEASES THE TOWN PARTIES, FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, NEGLIGENCE AND NUISANCE), FOR ANY LOSS, DAMAGE, OR INJURY OF LICENSOR, LICENSOR’S THIRD ANY NATURE WHATSOEVER SUSTAINED BY ANY TENANT PARTY SERVICE PROVIDERS, NOR DURING THE TERM OF THIS LEASE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, EXTENSION THEREOF INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, LOSS, DAMAGE OR INJURY TO THE IMPROVEMENTS OR PERSONAL PROPERTY OF A TENANT PARTY THAT MIGHT BE LOCATED OR STORED ON THE PREMISES, UNLESS SUCH LOSS, DAMAGE OR INJURY IS CAUSED BY A TOWN PARTY'S SOLE NEGLIGENCE OR IS CAUSED BY TOWN'S BREACH OF ITS OBLIGATIONS UNDER THIS LEASE. THE PARTIES HERETO EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES TO PROPERTYWHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, NEGLIGENCE, AND NUISANCE), SUCH AS, BUT NOT LIMITED TO, LOSS OF GOODWILL, COMPUTER FAILURE REVENUE OR MALFUNCTION AND, ANTICIPATED PROFITS OR ANY OTHER DAMAGE RELATED TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES LEASING OF ACTION ARISING OUT OF OR RELATED THE PREMISES PURSUANT TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOULEASE.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES DO NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR OR ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME OR THE USE OF EXTERNAL ACCESSORIES IN RELATION TO THE USE OF THE GAME, INCLUDING BUT NOT LIMITED TO: CONTROLLER MOUNTS, KAYAKS, PADDLES, HAPTIC VESTS. INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Disclaimer of Liability. NONE OCCUPANT HERBY DISCLAIMS, AND LESSOR HEREBY RELEASES OCCUPANT FROM ANY AND ALL LIABILITY WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), FOR ANY LOSS, DAMAGE OR INJURY OF LICENSORANY NATURE WHATSOEVER SUSTAINED BY LESSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERSITS EMPLOYEES, NOR ANY PERSON SUBLEASES, AGENTS OR ENTITY INVOLVED IN CREATINGINVITEES DURING THE TERM OF THIS AGREEMENT, PRODUCING INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS INJURY TO THE ACCURACYSPACE OR OTHER PROPERTY OF LESSOR UNLESS SUCH LOSS, RELIABILITYDAMAGE, QUALITY OR CONTENT INJURY IS CAUSED BY OCCUPANT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PARTIES HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), SUCH AS, BUT NOT LIMITED TO, LOSS OF ANY INFORMATION REVENUE OR MATERIALS INCLUDED IN ANTICIPATED PROFITS OR OTHER DAMAGE RELATED TO THE GAME OR IN RESPECT LEASING OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUHANGAR UNDER THIS AGREEMENT. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, A PARTY’S LIABILITY TO THE EXTENT PERMITTED BY LAWOTHER PARTY EXCEED THE PROCEEDS AVAILABLE UNDER ANY APPLICABLE INSURANCE POLICIES COVERING SUCH LOSS, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESINJURY. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.Page 8 of 12 Lessee Initial / Date LRF Occupied Initial / Date MT 9/12/18

Disclaimer of Liability. NONE OF LICENSORWE DO NOT WARRANT THAT THE SYSTEM WILL ALWAYS DETECT OR HELP PREVENT, LICENSOR’S THIRD PARTY SERVICE PROVIDERSANY BURGLARY, NOR FIRE, HOLD-UP OR OTHER SUCH EVENT. WE DO NOT WARRANT THAT THE SYSTEM CANNOT BE DEFEATED OR BY-PASSED OR THAT IT WILL ALWAYS OPERATE. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT CONDITION OF THE GAMES EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY INTENDED PARTICULAR PURPOSE, NOR HAVE YOU RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. DUE SECTIONS 16 AND 17 ON THE AGREEMENT LIMIT OUR LIABILITY TO VARIATIONS IN HARDWARE$1,000.00 OR SIX (6) TIMES THE MONTHLY SERVICES FEE IF YOU OR ANYONE ELSE SUFFERS ANY HARM (DAMAGE OR LOSS OF PROPERTY, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREEPERSONAL INJURY, OR DEATH) BECAUSE THE SYSTEM FAILED TO OPERATE PROPERLY OR WE WERE CARELESS OR ACTED IMPROPERLY. YOU HAVE HAD THE OPPORTUNITY TO TALK TO OUR SECURITY CONSULTANT ABOUT THIS LIMITATION AND YOU KNOW THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF YOU MAY OBTAIN A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR HIGHER LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF OUR LIABILITY MAY NOT APPLY BY PAYING AN ADDITIONAL SERVICES FEE TO YOUUS.

Disclaimer of Liability. NONE NEITHER CLIQ NOR THE BANK MAKE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THESERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF LICENSORMERCHANTABILITY, LICENSOR’S AGAINST INFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT CLIQ OR BANK ARE FOUND LIABLE TO YOU, YOU WILL BE ENTITLED TO RECOVER ONLY YOUR ACTUAL DAMAGES AND NOT ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING LOST PROFITS) DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE MAY HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT CARDHOLDER AGREEMENT, EXCEED FIVE HUNDRED DOLLARS ($500.00) REGARDLESS OF WHETHER ANY ACTION OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)CLAIM IS BASED ON WARRANTY, CONTRACT, STRICT LIABILITY TORT OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF . YOU UNDERSTAND THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH IN THIS PARAGRAPH TO BE A REASONABLE ALLOCATION OF RISK AND EXPRESSLY CONSENT TO SUCH ALLOCATION OF RISK. NEITHER PARTY MAY NOT APPLY ASSERT ANY CLAIM AGAINST THE OTHER PARTY UNDER OR ARISING FROM THIS AGREEMENT THAT ACCRUED MORE THAN TWO YEARS PRIOR TO YOUTHE FILING OF THE ACTION OR PROCEEDING ALLEGING SUCH CLAIM. EACH PARTY SHALL HAVE A DUTY TO MITIGATE DAMAGES FOR WHICH THE OTHER PARTY MAY BECOME RESPONSIBLE.

Disclaimer of Liability. NONE THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, LICENSOR’S THIRD PARTY ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, NOR ANY PERSON EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ENTITY INVOLVED IN CREATINGOTHERWISE, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS WITH RESPECT TO THE ACCURACYSOFTWARE AND DOCUMENTATION, RELIABILITYINCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. DUE WITHOUT LIMITATION TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGETHE FOREGOING, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; ANY KIND THAT THE GAME LICENSED SOFTWARE WILL MEET YOUR THE LICENSEE'S REQUIREMENTS; THAT OPERATION OF THE GAME WILL , ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTED COMPATIBLE, OR ERROR-WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME OR DEFECTS CAN OR WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY LICENSOR PARTY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR SPECIALANY USE, INCIDENTAL INTERRUPTION, DELAY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSIONINABILITY TO USE THE SOFTWARE. YOU ARE PROVIDED THE SOFTWARE PURSUANT TO THE SOFTWARE LICENSE AGREEMENT BETWEEN LICENSOR AND LICENSEE, SOLELY FOR THE BENEFIT OF LICENSEE AND AT LICENSEE'S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR MALFUNCTION OF INABILITY TO USE THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES SOFTWARE SHALL BE SOLELY TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, LICENSEE PURSUANT TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED THAT AGREEMENT AND SUBJECT TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUSET FORTH THEREIN.

Disclaimer of Liability. NONE EXCEPT FOR CLAIMS OF LICENSORINTENTIONAL MISCONDUCT, LICENSOR’S THIRD PARTY SERVICE PROVIDERSGROSS NEGLIGENCE, NOR ANY PERSON DEATH OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREEPERSONAL INJURY, OR ANY CLAIM THAT THE GAME CANNOT BE LIMITED BY LAW, NUIX WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, LOSS (INCLUDING BUT NOT LIMITED TOTO ANY BUSINESS INTERRUPTION, DAMAGES TO PROPERTYOR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, COMPUTER FAILURE REPUTATION, PUBLICITY, INFORMATION, OR MALFUNCTION ANDUSE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY; OR (B) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST NUIX MORE THAN SIX YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR LICENSEE USES THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSORSOFTWARE AT LICENSEE’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUOWN RISK.

Disclaimer of Liability. NONE COUNTY HEREBY DISCLAIMS, AND OPERATOR HEREBY RELEASES COUNTY, FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, NEGLIGENCE AND NUISANCE), FOR ANY LOSS, DAMAGE, OR INJURY OF LICENSORANY NATURE WHATSOEVER SUSTAINED BY OPERATOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERSITS EMPLOYEES, NOR ANY PERSON AGENTS, OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN INVITEES DURING THE GAME, NOR ANY TERM OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, LOSS, DAMAGE, OR INJURY TO THE IMPROVEMENTS OR PERSONAL PROPERTY OF OPERATOR OR OPERATOR’S BUSINESS INVITEES THAT MIGHT BE LOCATED OR STORED ON THE ASSIGNED PREMISES, UNLESS SUCH LOSS, DAMAGE, OR INJURY IS CAUSED SOLELY BY COUNTY’S SOLE NEGLIGENCE. THE PARTIES EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL COUNTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES TO PROPERTYWHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, NEGLIGENCE, AND NUISANCE), SUCH AS, BUT NOT LIMITED TO, LOSS OF GOODWILL, COMPUTER FAILURE REVENUE OR MALFUNCTION AND, ANTICIPATED PROFITS OR ANY OTHER DAMAGE RELATED TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES ASSIGNMENT OF THE ASSIGNED PREMISES TO OPERATOR PURSUANT TO THIS AGREEMENT. OPERATOR ACKNOWLEDGES AND AGREES THAT COUNTY SHALL HAVE NO LIABILITY WHATSOEVER AND OPERATOR COVENANTS AND AGREES TO HOLD HARMLESS COUNTY FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED AND ALL LIABILITY RELATING TO ANY INFORMATION PROVIDED BY COUNTY RELATING TO THIS AGREEMENT OR THE GAMEAGREEMENT. FURTHERMORE, OPERATOR ACKNOWLEDGES AND AGREES THAT ITS USE OF ANY SUCH INFORMATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY PREPARED OR PROVIDED BY COUNTY OR OTHERWISE, IN DETERMINING WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESTO ENTER INTO THIS AGREEMENT, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUWAS AT ITS SOLE RISK.

Disclaimer of Liability. NONE OF LICENSOR‌‌ LESSOR HEREBY DISCLAIMS, LICENSOR’S THIRD PARTY SERVICE PROVIDERSAND XXXXXX HEREBY RELEASES LESSOR, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, ITS OFFICERS, BOARD MEMBERS, CONTRACTORS, ELECTED OFFICIALS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR AGENTS TORT (COLLECTIVELYINCLUDING STRICT LIABILITY, NEGLIGENCE AND NUISANCE), FOR ANY LOSS, DAMAGE, OR INJURY OF ANY NATURE WHATSOEVER SUSTAINED BY LESSEE PARTIES DURING THE “LICENSOR PARTIES”) MAKE TERM OF THIS LEASE OR ANY WARRANTY WHATSOEVEREXTENSION HEREOF FOR LOSS, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED DAMAGE OR ERROR FREE, AS INJURY TO THE ACCURACY, RELIABILITY, QUALITY IMPROVEMENTS OR CONTENT PERSONAL PROPERTY OF ANY INFORMATION LESSEE PARTIES THAT MIGHT BE LOCATED OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS STORED ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF PREMISES. THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN PARTIES HERETO EXPRESSLY AGREE THAT UNDER NO EVENT WILL ANY LICENSOR CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL EXEMPLARY DAMAGES RESULTING FROM POSSESSIONWHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, USE OR MALFUNCTION OF THE GAMENEGLIGENCE, INCLUDING AND NUISANCE) EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE, SUCH AS, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE REVENUE OR MALFUNCTION AND, ANTICIPATED PROFITS OR ANY OTHER DAMAGE RELATED TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES LEASING OF ACTION ARISING OUT OF OR RELATED THE PREMISES PURSUANT TO THIS AGREEMENT LEASE UNLESS SUCH IS A RESULT OF THE TAKING OF THE PREMISES OR THE GAMEANY PART THEREOF BY EMINENT DOMAIN BY LESSOR. FURTHERMORE, XXXXXX ACKNOWLEDGES AND AGREES THAT ITS RELIANCE OR USE OF ANY INFORMATION PROVIDED BY XXXXXX, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY PREPARED OR PROVIDED BY LESSOR OR OTHERWISE, IN DETERMINING WHETHER TO ENTER INTO THIS LEASE WAS AT ITS SOLE RISK. UNDER NO CIRCUMSTANCE SHALL LESSOR BE LIABLE FOR SPECIAL OR EXEMPLARY DAMAGES OR FOR LOSS OF REVENUE OR ANTICIPATED PROFITS. THE FOREGOING DISCLAIMER SHALL NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSORBE CONSTRUED TO CONSTITUTE AN AGREEMENT BY LESSEE TO INDEMNIFY LESSOR FOR LESSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/NEGLIGENT, WILLFUL OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUINTENTIONAL ACTS.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD IN NO EVENT SHALL ANY PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES EMPLOYEES, AGENTS, CONTRACTORS, AGENTS, STOCKHOLDERS, MEMBERS, PARTNERS, COLLABORATORS, CONTROLLING PERSONS, SUCCESSORS OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL ASSIGNS BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS LIABLE UNDER THIS TERMINATION AGREEMENT FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAMEKIND WHATSOEVER, WHETHER ARISING IN TORT (INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR NOT REVENUE, SUFFERED BY WYETH, CATALYST OR ANY LICENSOR OF THEIR SAID RESPECTIVE REPRESENTATIVES, UNDER THIS TERMINATION AGREEMENT, EXCEPT WITH RESPECT TO ANY DAMAGES PAID TO A THIRD PARTY HAS BEEN ADVISED AS PART OF A THIRD PARTY CLAIM AND EXCEPT IN THE EVENT OF FRAUD OR INTENTIONAL MISCONDUCT. ALL TRANSFERS HEREUNDER, INCLUDING THOSE WITH RESPECT TO THE REVERSION OF THE POSSIBILITY PRODUCT AND THE TRANSFER OF SUCH DAMAGESPRODUCT DOCUMENTS AND MATERIALS HEREUNDER ARE BEING MADE ON AN “AS IS” BASIS. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU EXPRESSLY SET FORTH HEREIN, NEITHER WYETH NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH TRANSFERS, OR ANY PATENT APPLICATIONS, RESULTING PATENTS, PRODUCT DOCUMENTS, MATERIALS, WYETH KNOW-HOW OR ANY TECHNOLOGY RELATED THERETO, INCLUDING WITH RESPECT TO PATENTABILITY. WYETH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUA PARTICULAR PURPOSE AND NONINFRINGEMENT.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL MOBILE APPLICATION DEVELOPER AND ITS LICENSORS SHALL NOT BE UNINTERRUPTED OR ERROR FREE, AS LIABLE TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE GAMES FITNESS NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE APPLICATION; OR FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARELOSS OF PROFIT, SOFTWAREREVENUE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER CONTRACTS OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREESAVINGS, OR THAT ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE APPLICATION, ANY DEFECT IN THE CONTENT OR HARDWARE INFORMATION, OR THAT ANY THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION OR FROM DEFECTS OR ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL APPLICATION, EVEN IF MOBILE APPLICATION DEVELOPER OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT MOBILE APPLICATION DEVELOPER’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION OR THE CONTENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) NOT EXCEED $1. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. If you purchased your Application from a third party application vendor, THE ACTUAL PRICE PAID BY YOU FOR USE SOLE AND MAXIMUM RESPONSIBILITY OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED APPLICATION VENDOR IN THE EVENT OF A WARRANTY LASTS AND/OR FAILURE IS A REFUND OF THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUAPPLICATION PURCHASE PRICE.

Disclaimer of Liability. NONE CUSTOMER AGREES THAT ALSG SHALL NOT BE LIABLE TO CUSTOMER FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE OF LICENSORANY KIND CAUSED, LICENSOR’S THIRD PARTY DIRECTLY OR INDIRECTLY, BY THE INADEQUACY OF ANY MACHINE FOR ANY PURPOSE, ANY DEFICIENCY OR DEFECT THEREIN OR ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE ANY THEREOF, OR ANY INTERRUPTION OR LOSS OF SERVICE PROVIDERSOR USE THEREOF, NOR OR ANY PERSON LOSS OF BUSINESS AND AGREES THAT IT WILL, IRRESPECTIVE OF ANY SUCH CLAIM, LOSS, DAMAGE OR ENTITY INVOLVED IN CREATINGEXPENSE, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED CONTINUE TO PAY ALL PERIODIC RENTAL CHARGES IN THE GAMEAMOUNTS STATED HEREIN WHICH MAY COME DUE DURING THE INITIAL TERM HEREOF AND THEREAFTER SO LONG AS THIS AGREEMENT IS NOT TERMINATED IN ACCORDANCE WITH ITS TERM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOR IT IS EXPRESSLY UNDERSTOOD THAT ALSG MAKES NO WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, FITNESS, CONDITION, QUALITY, CAPACITY OR DURABILITY OF THE MACHINES OR ANY PART THEREOF. THERE IS NO WARRANTY THAT THE MACHINES WILL BE FIT FOR A PARTICULAR PURPOSE. ALSG SHALL NOT BE OBLIGATED TO PROVIDE REPLACEMENT FOR ANY OF THEIR RESPECTIVE DIRECTORSTHE MACHINES WHICH MAY BE DESTROYED BY FIRE, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREETHEFT, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUOTHER CASUALTY.

Disclaimer of Liability. NONE OF LICENSORAs described below, LICENSOR’S THIRD PARTY SERVICE PROVIDERSif something bad happens relating to this agreement, NOR ANY PERSON OR ENTITY INVOLVED IN CREATINGthe members’ patent crypto-technology patents, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAMEor any of the licenses granted under this agreement, NOR ANY OF THEIR RESPECTIVE DIRECTORSCOPA and the members will not be liable to the extent permitted by applicable law, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS unless the bad thing was caused by gross negligence or willful misconduct by COPA or the relevant member. TO THE ACCURACYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELIABILITYAND OTHER THAN WITH RESPECT TO WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL COPA OR A MEMBER (INCLUDING, FOR CLARITY, ANY LICENSOR PARTY OF THE MEMBER’S CONTROLLED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING DAMAGES RESULTING FROM POSSESSIONFOR LOSS OF PROFITS, USE GOODWILL, USE, OR MALFUNCTION OTHER INTANGIBLE LOSSES, RELATING TO OR ARISING IN ANY MANNER OUT OF THIS AGREEMENT, THE PLEDGED PATENTS, OR THE RIGHTS GRANTED HEREUNDER, EVEN IF COPA OR SUCH MEMBER (INCLUDING, FOR CLARITY, ANY OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY MEMBER’S CONTROLLED ENTITIES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED. IN NO EVENT IF COPA OR A MEMBER BREACHES ITS PATENT PLEDGE, COPA AND THE MEMBERS SHALL LICENSOR’S LIABILITY NOT BE JOINTLY AND SEVERALLY LIABLE FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUSUCH BREACH.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NEITHER STRIKEIRON NOR ANY PERSON ITS REGISTERED PROVIDERS OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME LICENSORS WILL BE UNINTERRUPTED LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ERROR FREERELIANCE DAMAGES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (WHETHER ARISING FROM BREACH OF WARRANTY, AS TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY), OR ANY DAMAGES RESULTING FROM ANY INTERRUPTION OR DISRUPTION IN COMMUNICATIONS OR SERVICES, UNAVAILABILITY OR INOPERABILITY OF SERVICES, TECHNICAL MALFUNCTION, LOST DATA, OR LOST PROFITS, EVEN IF STRIKEIRON KNEW OR SHOULD HAVE KNOWN OF THE ACCURACYPOSSIBLITY OF OR COULD HAVE REASONABLY PREVENTED SUCH DAMAGES, RELIABILITY, QUALITY OR CONTENT AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULIMITED REMEDY. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION THE CUMULATIVE LIABILITY OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO STRIKEIRON UNDER THIS AGREEMENT OR THE GAMEAGREEMENT, WHETHER ARISING IN TORT (INCLUDING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE), CONTRACT, STRICT LIABILITY IN TORT, OR OTHERWISEANY OTHER LEGAL THEORY, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESEXCEED $100 (ONE HUNDRED DOLLARS). IN NO EVENT SHALL LICENSOR’S WILL STRIKEIRON'S REGISTERED PROVIDERS HAVE ANY LIABILITY ARISING OR RESULTING FROM THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, STRIKEIRON WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY YOUR COMBINATION OF THE STRIKEIRON MARKETPLACE OR STRIKEIRON WEB SERVICES PLATFORM WITH SOFTWARE NOT SUPPLIED BY STRIKEIRON OR ANY ALTERATION OR MODIFICATION OF ANY OF THE FOREGOING. STRIKEIRON DISCLAIMS ANY AND ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR LIABILITY THAT MAY ARISE FROM YOUR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUANY SERVICES PROVIDED UNDER THIS AGREEMENT.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, ,DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. Health and Safety Precautions Due to its virtual-reality nature, the Game can be physically challenging. Please consider your state of health before you start playing. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated. Please be careful and mindful of your environment when playing the Game. Always make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you. If the Game will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury or death.

Disclaimer of Liability. NONE BY ACCEPTING THIS AGREEMENT, ALL USERS AGREE THAT ANY LIABILITY ON THE PART OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN LIGHTING ANALYSTS SHALL BE LIMITED EXCLUSIVELY TO A MONETARY REFUND OF THE GAME, NOR ANY PURCHASE PRICE OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT TERM FOR THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS LICENSED SOFTWARE DETAILED HEREIN. TO THE ACCURACYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES LIGHTING ANALYSTS SHALL NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL INDIRECT, EXEMPLARY, INCIDENTAL, SPECULATIVE, THIRD PARTY, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAMEWHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILLPROFITS, COMPUTER FAILURE OR MALFUNCTION ANDCONFIDENTIAL OR OTHER INFORMATION, TO THE EXTENT PERMITTED BY LAWFOR BUSINESS INTERRUPTION, DAMAGES FOR PERSONAL INJURIESINJURY, DEATHFOR LOSS OF PRIVACY, PROPERTY DAMAGEFOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, LOST PROFITS FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR PUNITIVE DAMAGES OTHER LOSS WHATSOEVER, ARISING FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY ORDER OR THE GAMEOPERATION OR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER ARISING MATERIALS, PAYMENT SERVICES AND/OR SERVICES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), CONTRACTMISREPRESENTATION, STRICT LIABILITY LIABILITY, BREACH OF CONTRACT OR OTHERWISEBREACH OF WARRANTY OF LIGHTING ANALYSTS, WHETHER INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF DATA OR NOT PROGRAMMING, LOSS OF REVENUE OR PROFITS FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST ALL USERS BY ANY LICENSOR PARTY THIRD PERSON, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF THE WARRANTY OF LIGHTING ANALYSTS EVEN IF LIGHTING ANALYSTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL , LOSS, OR CLAIM; (B) DAMAGES (EXCEPT AS REQUIRED REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY APPLICABLE LAWLIGHTING ANALYSTS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND LIGHTING ANALYSTS’ REASONABLE CONTROL; OR (C) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE CLAIMS MADE A SUBJECT OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION A LEGAL PROCEEDING AGAINST LIGHTING ANALYSTS MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUACTION FIRST AROSE.

Disclaimer of Liability. NONE SUBJECT TO THE LAST SENTENCE OF LICENSORTHIS SECTION 8.4, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN BUT OTHERWISE NOTWITHSTANDING ANYTHING TO THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREECONTRARY HEREIN, AS TO BETWEEN THE ACCURACYPARTIES, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL PARTY’S DAMAGES RESULTING FROM POSSESSIONA BREACH OR VIOLATION OF ANY COVENANT, USE AGREEMENT OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE CONDITION CONTAINED HEREIN OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS ANY ACT OR PUNITIVE DAMAGES OMISSION ARISING FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES AND NONE OF THE OPERATOR INDEMNITEES OR THE GAMEOWNER INDEMNITEES SHALL BE ENTITLED TO RECOVER FROM THE OPERATOR OR THE OWNER OR THEIR RESPECTIVE AFFILIATES ANY INDIRECT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)SPECIAL, CONTRACTCONSEQUENTIAL, STRICT LIABILITY INCIDENTAL, EXEMPLARY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH PUNITIVE DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY EACH PARTY EXPRESSLY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE OTHER THAN ACTUAL PRICE PAID BY YOU FOR USE OF THE GAMEDAMAGES. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/IF A PARTY BECOMES OBLIGATED TO PAY A THIRD PARTY ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES, AND SUCH PARTY IS ENTITLED TO INDEMNIFICATION UNDER THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION TERMS OF LIABILITY MAY NOT APPLY THIS AGREEMENT, THEN SUCH PARTY’S INDEMNIFICATION RIGHT SHALL INCLUDE ALL INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY AND PUNITIVE DAMAGES IT IS OBLIGATED TO YOUPAY TO SUCH THIRD PARTY.

Disclaimer of Liability. NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNI- TIVE OR EXEMPLARY DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION LOSSES ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT AND/OR THE GAMESERVICE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSION- AL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITA- TION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR ANY CLAIMS RELATING TO THIS AGREEMENT OR ANY CONTENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) NOT EXCEED THE ACTUAL PRICE AMOUNTS, IF ANY, PAID BY YOU FOR USE OF TO US DURING THE GAMEPAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE SERVICE. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESThe Service is controlled and operated from facilities in the United States. We make no representations that the Ser- vice is appropriate or available for use in other locations. Those who access or use the Service from other jurisdic- tions do so at their own volition and are entirely responsible for compliance with all applicable national, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUstate, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, adminis- trative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.

Disclaimer of Liability. NONE OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF LICENSORMERCHANTABILITY, LICENSOR’S AGAINST INFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU, YOU WILL BE ENTITLED TO RECOVER ONLY YOUR ACTUAL DAMAGES AND WE SHALL NOT BE LIABLE TO YOU FOR AND YOU ARE NOT ENTITLED TO RECOVER FROM US ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOST PROFITS) OR SPECIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE MAY HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS CARDHOLDER AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500.00) REGARDLESS OF WHETHER ANY ACTION OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)CLAIM IS BASED ON WARRANTY, CONTRACT, STRICT LIABILITY TORT OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAMEYou understand the limitation of our liability as set forth in this paragraph to be a reasonable allocation of risk and expressly consent to such allocation of risk. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUNeither party may assert any claim against the other party under or arising from this Agreement that accrued more than two years prior to the filing of the action or proceeding alleging such claim. Each party shall have a duty to mitigate damage for which the other party may become responsible.

Disclaimer of Liability. NONE EXCEPT FOR CLAIMS OF LICENSORINTENTIONAL MISCONDUCT, LICENSOR’S THIRD PARTY SERVICE PROVIDERSGROSS NELIGENCE, NOR ANY PERSON DEATH OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREEPERSONAL INJURY, OR ANY CLAIM THAT THE GAME CANNOT BE LIMITED BY LAW, NUIX WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, LOSS (INCLUDING BUT NOT LIMITED TOTO ANY BUSINESS INTERRUPTION, DAMAGES TO PROPERTYOR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, COMPUTER FAILURE REPUTATION, PUBLICITY, INFORMATION, OR MALFUNCTION ANDUSE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY; OR (B) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST NUIX MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR LICENSEE USES THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSORSOFTWARE AT LICENSEE’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOUOWN RISK.