Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY THE SOFTWARE IS PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF TO YOU AS IS AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL THERE ARE NO WARRANTIES, WHETHER EXPRESS CLAIMS OR REPRESENTATIONS MADE BY NETIQ OR ITS SUPPLIERS, EITHER EXPRESS, IMPLIED, AS OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OR CONDITIONS OF TITLE, QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESPERFORMANCE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE,, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN NETIQ AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED. NETIQ AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OF THE REPORTS GENERATED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT OR REQUIRED BY STATUTEAND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE SO THIS DISCLAIMER MAY NOT APPLY TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYYOU.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION DESCRIPTIONS OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT OR REQUIRED THE SCHEDULES ATTACHED HERETO, THE PARTIES ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED AS-IS, THAT EACH RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS USE OF AND RELIANCE UPON THE SERVICES AND EACH PROVIDER, TO THE MAXIMUM EXTENT PERMITTED BY STATUTEAPPLICABLE LAW, MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS PROVIDER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESREPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, AS EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, INCLUDING ANY REPRESENTATION OR WARRANTY IN REGARD TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESPERFORMANCE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY AND/OR FITNESS OF ANY SERVICE FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.[Signature Page Follows]

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.

Disclaimer of Warranties. EXCEPT FOR THOSE MARKET DATA IS PROVIDED, AND SUBSCRIBER AGREES THAT THE MARKET DATA IS PROVIDED, ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF ANY KIND. SUBSCRIBER AGREES THAT: DISTRIBUTOR AND ITS AFFILIATES AFFILIATES; EXCHANGE AND SUPPLIERS DISCLAIMS ALL ITS AFFILIATES; AND ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, AND ANY LICENSOR TO EXCHANGE, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE QUALITYMARKET DATA OR THE TRANSMISSION, FUNCTIONALITY TIMELINESS, ACCURACY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESCOMPLETENESS THEREOF, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY AND/MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT PURPOSE OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, USE OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTSNON- INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY OTHER INFORMATION COURSE OF DEALING OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION USAGE OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTRADE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT AND ALL EXHIBITS AND/OR REQUIRED BY STATUTEATTACHMENTS REFERENCED HEREIN AND SO FAR AS IT IS PERMITTED TO DO SO UNDER APPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL NETBRAIN MAKES NO WARRANTIES, WHETHER EXPRESS OR EXPRESSED, IMPLIED, AS TO THE QUALITYOR STATUTORY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYREGARDING, OR NON-INFRINGEMENT WITH RESPECT TO RELATING TO, THE PROGRAMS, DOCUMENTATION, SUPPORT SERVICES, PRODUCTSOR ANY MATERIALS FURNISHED, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES PROVIDED, TO CUSTOMER UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, TITLE, USE, OR NON-INFRINGEMENT. NETBRAIN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY WITH RESPECT TO THE PROGRAMS, DOCUMENTATION, SUPPORT SERVICES, AND ANY SPECIFICATIONSOTHER MATERIALS FURNISHED, DESCRIPTION OR STATEMENTS PROVIDED PROVIDED, BY NETBRAIN HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN, NETBRAIN DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS, OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYCOMPLETENESS OF THE PROGRAMS, DOCUMENTATION, OR SUPPORT SERVICES, OR THAT THEY WILL OPERATE UNINTERRUPTED OR ERROR FREE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT AGREEMENT, COUPA DOES NOT MAKE ANY OTHER REPRESENTATION, WARRANTY, OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDGUARANTY, AS TO THE RELIABILITY, TIMELINESS, QUALITY, FUNCTIONALITY SUITABILITY, AVAILABILITY, ACCURACY OR CHARACTERISTICS COMPLETENESS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESHOSTED APPLICATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY COUPA PLATFORM, UPDATES, DOCUMENTATION, SUPPORT AND/OR ANY OTHER COUPA SERVICES PROVIDED OR OFFERED HEREUNDER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES PROVIDED HEREUNDER ARE PROVIDED STRICTLY ON AN “AS IS” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ARE HEREBY DISCLAIMED TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED MAXIMUM EXTENT PERMITTED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYAPPLICABLE LAW.

Disclaimer of Warranties. EXCEPT FOR THOSE MARKET DATA IS PROVIDED, AND SUBSCRIBER AGREES THAT THE MARKET DATA IS PROVIDED, ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF ANY KIND. SUBSCRIBER AGREES THAT: VENDOR AND ITS AFFILIATES AFFILIATES; EXCHANGE AND SUPPLIERS DISCLAIMS ALL ITS AFFILIATES; AND ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, AND ANY LICENSOR TO EXCHANGE, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE QUALITYMARKET DATA OR THE TRANSMISSION, FUNCTIONALITY TIMELINESS, ACCURACY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESCOMPLETENESS THEREOF, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY AND/MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT PURPOSE OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, USE OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTSNON- INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY OTHER INFORMATION COURSE OF DEALING OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION USAGE OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTRADE.

Disclaimer of Warranties. EXCEPT FOR THOSE AS OTHERWISE SET FORTH ABOVE, DOLBY MAKES NO WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED REGARDING THE SOFTWARE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY STATUTEAPPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF DOLBY AND ITS AFFILIATES SUPPLIERS PROVIDE THE SOFTWARE AS IS, AND SUPPLIERS DISCLAIMS HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY SPECIFICATIONSWARRANTIES ARISING OUT OF COURSE OF DEALING, DESCRIPTION USAGE OR STATEMENTS PROVIDED TRADE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR MADE SHALL UNINTERRUPTED OR THAT ALL SOFTWARE ERRORS WILL BE BINDING UPON EITHER PARTY CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOLBY OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE ENTIRE RISK AS A WARRANTYTO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT (a) LESSOR LEASES THE EQUIPMENT “AS IS,” AND BEING NEITHER THE MANUFACTURER OF THE EQUIPMENT NOR THE AGENT OF EITHER THE MANUFACTURER OR REQUIRED BY STATUTESELLER, EACH PARTY ON BEHALF LESSOR DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESANY KIND, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE QUALITY, FUNCTIONALITY CONDITION OR CHARACTERISTICS PERFORMANCE OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESEQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF ITS MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT PURPOSE OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO PATENT INFRINGEMENTS OR THE SERVICES, PRODUCTS, AND LIKE. LESSOR SHALL HAVE NO LIABILITY TO LESSEE OR ANY OTHER INFORMATION PERSON FOR ANY CLAIM, LOSS OR MATERIALS EXCHANGED BY DAMAGE OF ANY KIND OR NATURE WHATSOEVER, NOR SHALL THERE BE ANY ABATEMENT OF RENTAL FOR ANY REASON INCLUDING CLAIMS ARISING OUT OF OR IN CONNECTION WITH (i) THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION DEFICIENCY OR INADEQUACY OF STATEMENT MADE BY EITHER PARTY THE EQUIPMENT FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO LESSOR, (ii) ANY DEFICIENCY OR DEFECT IN THE EQUIPMENT, (iii) THE USE OR PERFORMANCE OF THE EQUIPMENT, OR (iv) ANY LOSS OF BUSINESS OR OTHER CONSEQUENTIAL LOSS OR DAMAGE, WHETHER OR NOT RESULTING FROM ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHE FOREGOING.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY SET FORTH IN SECTION 4.1, THE SOFTWARE IS PROVIDED IN THIS AGREEMENT “AS IS,” AND PERFORCE MAKES NO OTHER REPRESENTATIONS OR REQUIRED BY STATUTEWARRANTIES, EACH PARTY AND PERFORCE, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS AFFILIATES, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING TO THE SOFTWARE, OR OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, AS TO THE QUALITYARISING FROM COURSE OF DEALING, FUNCTIONALITY COURSE OF PERFORMANCE, OR CHARACTERISTICS USAGE IN TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESTITLE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO PERFORCE DOES NOT MAKE ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICESRESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. TO THE EXTENT THAT PERFORCE IS NOT PERMITTED BY APPLICABLE LAW TO DISCLAIM ANY WARRANTY PROVIDED HEREIN, PRODUCTS, THE SCOPE AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION DURATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SUCH WARRANTY SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHE MINIMUM REQUIRED UNDER SUCH LAW.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY THE ORCP SERVICES, INCLUDING THE CERTIFICATE, ARE PROVIDED IN THIS AGREEMENT ON AN “AS-IS” BASIS WITH ALL RISKS AND FAULTS ASSOCIATED THEREWITH. ARIN MAKES NO REPRESENTATION, WARRANTY OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF COVENANT OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESANY KIND WITH RESPECT TO ANY CERTIFICATE OR ORCP SERVICES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY SATISFACTION OF TITLEREQUIREMENTS, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYNON-INFRINGEMENT, OR NON-INFRINGEMENT WITH RESPECT TO ANY WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, TRADE OR USAGE. ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS ARE HEREBY DISCLAIMED BY XXXX AND WAIVED BY YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARIN DOES NOT REPRESENT, WARRANT OR COVENANT THAT ANY ORCP SERVICES, PRODUCTSCERTIFICATE, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY ACCESS OR USE THEREOF WILL (i) BE UNINTERRUPTED, (ii) BE FREE OF ITS AGENTS DEFECTS, INACCURACIES, OR EMPLOYEESERRORS, ORAL OR WRITTEN(iii) MEET YOUR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.OR

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY AS SET FORTH IN THE APPLICABLE SERVICE SCHEDULE OR ADDENDUM, (A) ALL PRODUCTS AND SERVICES ARE PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEON AN “AS IS”, EACH PARTY ON BEHALF “AS AVAILABLE” BASIS AND CUSTOMER’S USE OF ITSELF THE PRODUCTS AND SERVICES IS SOLELY AT ITS AFFILIATES AND SUPPLIERS OWN RISK, (B) APPGATE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, WHETHER EXPRESS EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW, AS TO THE QUALITY, FUNCTIONALITY STATUTORY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, COMPATIBILITY OF SOFTWARE OR EQUIPMENT OR ANY SPECIFICATIONSRESULTS TO BE ACHIEVED THEREFROM, DESCRIPTION (C) APPGATE MAKES NO WARRANTIES OR STATEMENTS PROVIDED REPRESENTATIONS THAT ANY PRODUCT OR MADE SHALL SERVICE WILL BE BINDING UPON EITHER PARTY AS A WARRANTYCOMPLETELY SECURE, FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY, OR ANY ACT OR OMISSION OF CUSTOMER, AND (D) APPGATE DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES ARE OR WILL BE ERROR-FREE OR THAT THE USE OR OPERATION OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED LESSOR, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THIS AGREEMENT OR REQUIRED BY STATUTETHE EQUIPMENT, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR MADE SHALL BE BINDING UPON EITHER PARTY SPECIAL METHODS. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A WARRANTYRESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO LESSOR, LESSEE LEASES THE EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY SET FORTH IN SECTION 3.1, THE SOFTWARE IS PROVIDED IN THIS AGREEMENT “AS IS,” AND PERFORCE MAKES NO OTHER REPRESENTATIONS OR REQUIRED BY STATUTEWARRANTIES, EACH PARTY AND PERFORCE, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS AFFILIATES, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING TO THE SOFTWARE, OR OTHER SUBJECT MATTER OF THIS LICENSE AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, AS TO THE QUALITYARISING FROM COURSE OF DEALING, FUNCTIONALITY COURSE OF PERFORMANCE, OR CHARACTERISTICS USAGE IN TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESTITLE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO PERFORCE DOES NOT MAKE ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICESRESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. TO THE EXTENT THAT PERFORCE IS NOT PERMITTED BY APPLICABLE LAW TO DISCLAIM ANY WARRANTY PROVIDED HEREIN, PRODUCTS, THE SCOPE AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION DURATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SUCH WARRANTY SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHE MINIMUM REQUIRED UNDER SUCH LAW.

Disclaimer of Warranties. EXCEPT FOR THOSE AS OTHERWISE SET FORTH ABOVE, BT MAKES NO WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED REGARDING THE SOFTWARE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY STATUTEAPPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF BT AND ITS AFFILIATES SUPPLIERS PROVIDE THE SOFTWARE AS IS, AND SUPPLIERS DISCLAIMS HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY SPECIFICATIONSWARRANTIES ARISING OUT OF COURSE OF DEALING, DESCRIPTION USAGE OR STATEMENTS PROVIDED TRADE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR MADE SHALL UNINTERRUPTED OR THAT ALL SOFTWARE ERRORS WILL BE BINDING UPON EITHER PARTY CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BT OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS XXXX. THE ENTIRE RISK AS A WARRANTYTO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT AGREEMENT, LICENSOR AND LICENSEE MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OR REQUIRED BY STATUTECONDITIONS OF ANY KIND, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, AS TO IMPLIED (IN THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS CASE OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESLICENSOR, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENTECHNOLOGY), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF THE PATENTS LICENSED HEREUNDER, OR NONINFRINGEMENT OF THE IP RIGHTS OF THIRD PARTIES. IN PARTICULAR, LICENSOR OFFERS NO REPRESENTATION OR WARRANTIES THAT THE USE OF ALL OR ANY SPECIFICATIONSPART OF THE TECHNOLOGY WILL RESULT IN THE SUCCESSFUL COMMERCIALIZATION OF ANY PRODUCT FOR ANY PURPOSE.EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND WITHOUT LIMITING LICENSEE’S REMEDIES FOR ANY BREACH OF THIS AGREEMENT BY LICENSOR, DESCRIPTION LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR ANY DAMAGES INCLUDING INCIDENTAL OR STATEMENTS PROVIDED CONSEQUENTIAL DAMAGES OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYCOST OF PROCUREMENT OF SUBSTITUTE GOODS SERVICES OR TECHNOLOGY BY REASON OF THE LICENSEE’S USE AND APPLICATION OF THE TECHNOLOGY, WHICH USE AND APPLICATION IS UNDERTAKEN AT LICENSEE’S SOLE RISK.

Disclaimer of Warranties. EXCEPT SUBJECT TO SECTION 7.04 BUT OTHERWISE NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE INTELLECTUAL PROPERTY LICENSED BY THE LICENSOR PURSUANT TO THIS AGREEMENT IS FURNISHED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR THOSE ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, OR COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EACH OF THE PARTIES EXPRESSLY PROVIDED DISCLAIMS THAT IT IS OWED ANY DUTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT AGREEMENT, AND WAIVES AND RELEASES ANY AND ALL TORT CLAIMS AND CAUSES OF ACTION THAT MAY BE BASED UPON, ARISE OUT OF OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS RELATE TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYAGREEMENT, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICESNEGOTIATION, PRODUCTS, AND ANY OTHER INFORMATION EXECUTION OR MATERIALS EXCHANGED BY THE PARTIES UNDER PERFORMANCE OF THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY AS SET FORTH IN THE APPLICABLE SERVICE SCHEDULE OR ADDENDUM, (A) ALL PRODUCTS AND SERVICES ARE PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEON AN “AS IS”, EACH PARTY ON BEHALF “AS AVAILABLE” BASIS AND CUSTOMER’S USE OF ITSELF THE PRODUCTS AND SERVICES IS SOLELY AT ITS AFFILIATES AND SUPPLIERS OWN RISK, (B) APPGATE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, WHETHER EXPRESS EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW, AS TO THE QUALITY, FUNCTIONALITY STATUTORY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, COMPATIBILITY OF SOFTWARE OR EQUIPMENT OR ANY SPECIFICATIONSRESULTS TO BE ACHIEVED THEREFROM, DESCRIPTION (C) APPGATE MAKES NO WARRANTIES OR STATEMENTS PROVIDED REPRESENTATIONS THAT ANY PRODUCT OR MADE SHALL SERVICE WILL BE BINDING UPON EITHER PARTY AS A WARRANTYCOMPLETELY SECURE, FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY, OR ANY ACT OR OMISSION OF CUSTOMER, AND (D) APPGATE DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES ARE OR WILL BE ERROR-FREE OR THAT THE USE OR OPERATION OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY THE LIMITED WARRANTY SET FORTH ABOVE, THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE LIMITED WARRANTY CONTAINED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF IS IN LIEU OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS STATUTORY, EXPRESS, OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONSTHOSE CONCERNING MERCHANTABILITY, DESCRIPTION TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY ARISING AS A WARRANTYRESULT OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. MINITAB DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OR ALL ERRORS OR REPORTED NON-CONFORMITIES IN THE SERVICE WILL BE CORRECTED. MINITAB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO ANY THIRD PARTIES WITH WHOM YOU SEPARATELY CONTRACT. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY SET FORTH IN SECTION 3.1, THE SOFTWARE IS PROVIDED IN THIS AGREEMENT “AS IS,” AND PERFORCE MAKES NO OTHER REPRESENTATIONS OR REQUIRED BY STATUTEWARRANTIES, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS PERFORCE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING TO THE SOFTWARE, OR OTHER SUBJECT MATTER OF THIS LICENSE AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, AS TO THE QUALITYARISING FROM COURSE OF DEALING, FUNCTIONALITY COURSE OF PERFORMANCE, OR CHARACTERISTICS USAGE IN TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESTITLE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO PERFORCE DOES NOT MAKE ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICESRESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. TO THE EXTENT THAT PERFORCE IS NOT PERMITTED BY APPLICABLE LAW TO DISCLAIM ANY WARRANTY PROVIDED HEREIN, PRODUCTS, THE SCOPE AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION DURATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SUCH WARRANTY SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHE MINIMUM REQUIRED UNDER SUCH LAW.

Disclaimer of Warranties. EXCEPT FOR THOSE IN ADDITION TO THE DISCLAIMER OF WARRANTIES EXPRESSLY SET FORTH IN THE SUBSCRIPTION AGREEMENT, THE SENSOR SOFTWARE IS PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF “AS IS” AND ITS AFFILIATES AND SUPPLIERS THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, AS TO THE QUALITYSTATUTORY OR OTHER, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEWITHOUT LIMITING THE FOREGOING, THERE IS THE COMPANY MAKES NO WARRANTY OF TITLEANY KIND THAT THE SENSOR SOFTWARE, QUIET ENJOYMENTTHE RESULTANT DATA OR RESULTS OF THE USE THEREOF, QUIET POSSESSIONWILL MEET THE CUSTOMER'S OR AUTHORIZED USER’S OR ANY OTHER PERSON’S REQUIREMENTS, CORRESPONDENCE TO DESCRIPTIONOPERATE WITHOUT INTERRUPTION, AUTHORITYACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICESBE SECURE, PRODUCTSACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY OTHER INFORMATION REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS EXCHANGED BY IS STRICTLY BETWEEN YOU AND THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION THIRD PARTY OWNER OR DISTRIBUTOR OF STATEMENT MADE BY EITHER THE THIRD PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYMATERIALS.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTESET FORTH HEREIN, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS ANY RELATED EQUIPMENT, SOFTWARE AND OTHER MATERIALS PROVIDED BY VIRTUSTREAM IN CONNECTION WITH THE PARTIESSERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TO, WARRANTIES OF MERCHANTABILITY AND/OR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,, ACCURACY, COMPLETENESS OR ANY RESULTS TO BE ACHIEVED HEREFROM. EXCEPT FOR THOSE VIRTUSTREAM MAKES NO WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY REPRESENTATIONS CONCERNING THE COMPATIBILITY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE SOFTWARE OR EQUIPMENT OR ANY RESULTS TO DESCRIPTION, AUTHORITYBE ACHIEVED THEREFROM, OR NON-INFRINGEMENT THAT ANY SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF ANY THIRD PARTY TECHNOLOGY, ANY THIRD PARTY ACTION SUCH AS HACKING, OR ANY ACT OR OMISSION OF THE CUSTOMER, INCLUDING FAILURE TO ENCRYPT, AND VIRTUSTREAM SHALL HAVE NO RESPONSIBILITY THEREFOR. VIRTUSTREAM EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY WITH RESPECT TO THE SERVICESCOMPLIANCE WITH LAWS, PRODUCTSREGULATIONS, AND ANY OR OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEESOFFICIAL GOVERNMENT RELEASES APPLICABLE TO CUSTOMER, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE WHICH SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHE SOLE RESPONSIBILITY OF CUSTOMER.

Disclaimer of Warranties. EXCEPT FOR THOSE THE EXPRESS REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED MADE BY SELLER IN THIS AGREEMENT ARTICLE IV, SELLER DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR REQUIRED BY STATUTEWARRANTY, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, CONCERNING THE PURCHASED ASSETS AND ASSUMED LIABILITIES, IT BEING SPECIFICALLY UNDERSTOOD BY BUYER THAT, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE IV, THE PURCHASED ASSETS AND ASSUMED LIABILITIES ARE BEING SOLD AND TRANSFERRED “AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES IS” IN ALL RESPECTS. SELLER SPECIFICALLY AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES (A) WARRANTY OF MERCHANTABILITY AND/OR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OF THE PURCHASED ASSETS, WHETHER OR NOT SELLER HAS BEEN MADE AWARE OF ANY SUCH PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT , (B) REPRESENTATIONS AND WARRANTIES, EXPRESS OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEESIMPLIED, ORAL OR WRITTEN, INCLUDINGTHAT THE PURCHASED ASSETS ARE IN ANY SPECIFIC OPERATIONAL CONDITION OR WILL OPERATE IN ANY SPECIFIC MANNER AND (C) WARRANTY OF TITLE, BUT NOT LIMITED TOPATENTABILITY, ANY SPECIFICATIONS, DESCRIPTION VALIDITY OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYENFORCEABILITY WITH RESPECT TO THE PURCHASED PATENTS.

Disclaimer of Warranties. EXCEPT FOR THOSE THE EXPRESS WARRANTIES EXPRESSLY PROVIDED SET FORTH HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS OR GRANTS ANY WARRANTIES, EXPRESS OR IMPLIED, EITHER IN THIS AGREEMENT FACT OR REQUIRED BY STATUTEOPERATION OF LAW, BY STATUTE OR OTHERWISE, AND EACH PARTY ON BEHALF SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ITSELF AND ITS AFFILIATES AND SUPPLIERS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EACH PARTY FURTHER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO EACH OF THEIR RESEARCH, DEVELOPMENT AND COMMERCIALIZATION EFFORTS HEREUNDER, INCLUDING, WITHOUT LIMITATION, WHETHER THE QUALITYCOLLABORATION PRODUCTS CAN BE SUCCESSFULLY DEVELOPED OR MARKETED, FUNCTIONALITY THE ACCURACY, PERFORMANCE, UTILITY, RELIABILITY, TECHNOLOGICAL OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESCOMMERCIAL VALUE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF COMPREHENSIVENESS, MERCHANTABILITY AND/OR FITNESS FOR A ANY PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY PURPOSE WHATSOEVER OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, COLLABORATION PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT AND ALL ATTACHMENTS REFERENCED HEREIN AND SO FAR AS IT IS PERMITTED TO DO SO UNDER APPLICABLE LAW, NETBRAIN MAKES NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR REQUIRED BY STATUTESTATUTORY REGARDING OR RELATING THE PROGRAMS, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS DOCUMENTATION OR IMPLIED, AS ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES CUSTOMER UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOTO WARRANTIES OF PERFORMANCE, TITLE, USE OR NON- INFRINGEMENT. NETBRAIN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY WITH RESPECT TO THE PROGRAMS, DOCUMENTATION AND ANY SPECIFICATIONSOTHER MATERIALS AND SERVICES PROVIDED BY NETBRAIN HEREUNDER, DESCRIPTION AND WITH RESPECT TO THE USE OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN, NETBRAIN DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR STATEMENTS PROVIDED COMPLETENESS OF THE PROGRAM(S), DOCUMENTATION, OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYMAINTENANCE SERVICES OR THAT THEY WILL OPERATE UNINTERRUPTED OR ERROR FREE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY a. ACCESS TO THE ALLIANCE COMMUNITY IS PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF "AS IS". GED AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS CONDITIONS OR IMPLIEDREPRESENTATIONS TO PARTICIPANT, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYPARTICIPANT’S AFFILIATES, OR NON-INFRINGEMENT ANY OTHER PARTY WITH RESPECT TO THE SERVICESALLIANCE COMMUNITY, PRODUCTSGE TECHNOLOGY, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER OTHERWISE REGARDING THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, WHETHER ORAL OR WRITTEN, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY SPECIFICATIONSIMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, DESCRIPTION NON-INFRINGEMENT, TITLE, FITNESS FOR A SPECIFIC PURPOSE, OR STATEMENTS PROVIDED SYSTEM INTEGRATION IS EXPRESSLY EXCLUDED AND DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GED AND ITS AFFILIATES DO NOT REPRESENT THAT THE ALLIANCE COMMUNITY WILL SATISFY PARTICIPANT’S, ITS AFFILIATES’ OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYANY THIRD PARTY’S REQUIREMENTS, THAT THE ALLIANCE COMMUNITY WILL OPERATE FREE FROM ERROR, DISRUPTION, OR CYBER-ATTACKS.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTESECTION 8.1 AND 8.2, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS SUPPLIERS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, AS TO THE QUALITYANY MATTER WHATSOEVER RELATING TO ALL INFORMATION, FUNCTIONALITY OR CHARACTERISTICS OF THE MATERIALS, SOFTWARE, TECHNOLOGY, AND SERVICES AND PRODUCTS PROVIDED BY ONE PARTY TO THE PARTIESOTHER PARTY HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS, OR OF ACCURACY OR COMPLETENESS OF RESPONSES. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTESECTION 8.1 AND 8.2, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT NONINFRINGEMENT WITH RESPECT TO THE SERVICESANY INFORMATION, PRODUCTSMATERIALS, SOFTWARE, TECHNOLOGY, AND ANY SERVICES PROVIDED BY ONE PARTY TO THE OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYHEREUNDER.

Disclaimer of Warranties. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THOSE THE EXPRESS REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED CONTAINED IN THIS AGREEMENT SECTION 3.1 OF THE ASSET PURCHASE AGREEMENT, SELLER HAS MADE NO REPRESENTATION OR REQUIRED BY STATUTEWARRANTY WHATSOEVER AND BUYER HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS RELATED TO THE LICENSED Patents, THE Licensed Know-How OR THE TRANSACTIONS CONTEMPLATED HEREBY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1 OF THE ASSET PURCHASE AGREEMENT, BUYER IS LICENSING THE RIGHTS HEREUNDER ON AN “AS IS, WHERE IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, INCLUDING ANY WARRANTY OF QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT , MERCHANTABILITY, CONDITION OF THE LICENSED PATENTS OR REQUIRED BY STATUTELICENSED KNOW-HOW, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE AS TO DESCRIPTION, AUTHORITY, OR THE NON-INFRINGEMENT WITH RESPECT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR AS TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYMATTER.

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Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY THE LIMITED WARRANTY DESCRIBED ABOVE, THE RAW MATERIALS ARE PROVIDED IN THIS AGREEMENT ACCORDANCE WITH THE SPECIFICATIONS PURSUANT TO THE QC ACCEPTANCE CRITERIA PROVIDED IN SECTION 2.7 ABOVE AND ON “AS IS” CONDITION. WITHOUT ANY OTHER WARRANTY OR REQUIRED BY STATUTECONDITION OF ANY KIND, EACH PARTY ON BEHALF OF ITSELF EITHER EXPRESS, STATUTORY IMPLIED OR OTHERWISE, AND ITS AFFILIATES RESPONSE HEREBY DISCLAIMS, ALL OTHER REMEDIES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR EXPRESS, STATUTORY, IMPLIED, AS TO THE OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, QUALITY, FUNCTIONALITY OR CHARACTERISTICS ADEQUENCY, SUITABILITY, NON INFRINGEMENT OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES INTELLECTUAL PROPERTY OF MERCHANTABILITY ANY THIRD PARTY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT REGARDING ANY RESULTS OBTAINED WITH RESPECT TO THE SERVICESUSE OF ANY RAW MATERIALS, PRODUCTSIN EACH CASE HOWEVER ARISING, AND ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION FROM COURSE OF PERFORMANCE, DEALING OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION USAGE OF STATEMENT MADE BY EITHER PARTY TRADE, OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYOTHERWISE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL LESSOR MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYANY MATTER WHATSOEVER, FUNCTIONALITY INCLUDING, WITHOUT LIMITATION, TITLE TO, DESIGN, OPERATION, CONDITION, OR CHARACTERISTICS QUALITY OF THE SERVICES MATERIAL OR WORKMANSHIP IN, EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), LACK OF INFRINGEMENT ON ANY PATENT, TRADEMARK OR COPYRIGHT, AND PRODUCTS LESSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES; IT BEING UNDERSTOOD THAT THE EQUIPMENT IS LEASED TO LESSEE "AS IS, WHERE IS." LESSEE HAS MADE THE SELECTION OF THE EQUIPMENT FROM THE SUPPLIER BASED ON ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE ON ANY STATEMENTS OR REPRESENTATIONS MADE BY LESSOR. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. LESSOR HEREBY ASSIGNS TO LESSEE FOR THE TERM OF EACH LEASE WITHOUT RECOURSE AND FOR SO LONG AS LESSEE IS NOT IN DEFAULT UNDER ANY LEASE, ANY WARRANTY PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYSUPPLIER.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT AND ALL ATTACHMENTS REFERENCED HEREIN AND SO FAR AS IT IS PERMITTED TO DO SO UNDER APPLICABLE LAW, NETBRAIN MAKES NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS STATUTORY REGARDING OR IMPLIED, AS RELATING TO THE QUALITYPROGRAMS, FUNCTIONALITY DOCUMENTATION OR CHARACTERISTICS OF THE ANY MATERIALS OR SERVICES AND PRODUCTS FURNISHED OR PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES CUSTOMER UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOTO WARRANTIES OF PERFORMANCE, TITLE, USE OR NON- INFRINGEMENT. NETBRAIN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY WITH RESPECT TO THE PROGRAMS, DOCUMENTATION AND ANY SPECIFICATIONSOTHER MATERIALS AND SERVICES PROVIDED BY NETBRAIN HEREUNDER, DESCRIPTION AND WITH RESPECT TO THE USE OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN, NETBRAIN DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR STATEMENTS PROVIDED COMPLETENESS OF THE PROGRAM(S), DOCUMENTATION, OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYSUPPORT SERVICES OR THAT THEY WILL OPERATE UNINTERRUPTED OR ERROR FREE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF OR STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.

Disclaimer of Warranties. EXCEPT FOR THOSE AS OTHERWISE SET FORTH ABOVE, BT MAKES NO WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED REGARDING THE SOFTWARE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY STATUTEAPPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF BT AND ITS AFFILIATES SUPPLIERS PROVIDE THE SOFTWARE AS IS, AND SUPPLIERS DISCLAIMS HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY SPECIFICATIONSWARRANTIES ARISING OUT OF COURSE OF DEALING, DESCRIPTION USAGE OR STATEMENTS PROVIDED TRADE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR MADE SHALL UNINTERRUPTED OR THAT ALL SOFTWARE ERRORS WILL BE BINDING UPON EITHER PARTY CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BT OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS XXXX. THE ENTIRE RISK AS A WARRANTYTO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT AND ALL EXHIBITS AND/OR REQUIRED BY STATUTEATTACHMENTS REFERENCED HEREIN AND SO FAR AS IT IS PERMITTED TO DO SO UNDER APPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL NETBRAIN MAKES NO WARRANTIES, WHETHER EXPRESS OR EXPRESSED, IMPLIED, AS TO THE QUALITYOR STATUTORY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYREGARDING, OR NON-INFRINGEMENT WITH RESPECT RELATING TO, THE DELIVERABLES, PRODUCT, OR ANY MATERIALS FURNISHED, OR PROVIDED, TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES CUSTOMER UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, TITLE, USE, OR NON-INFRINGEMENT. NETBRAIN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY WITH RESPECT TO THE DELIVERABLES, PRODUCT, AND ANY SPECIFICATIONSOTHER MATERIALS FURNISHED, DESCRIPTION OR STATEMENTS PROVIDED PROVIDED, BY NETBRAIN HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN, NETBRAIN DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS, OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYCOMPLETENESS OF THE DELIEVERABLES OR PRODUCT, OR THAT THEY WILL OPERATE UNINTERRUPTED OR ERROR FREE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY GROUP ACKNOWLEDGES AND AGREES THAT THE LICENSED TECHNOLOGY AND SERVICES PROVIDED, BEING LOANED OR LICENSED TO GROUP ARE PROVIDED IN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. WITH RESPECT TO THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL HYTHIAM MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYINCLUDING WITHOUT LIMITATION, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. , DATA ACCURACY, SYSTEM INTEGRATION, OR (EXCEPT FOR THOSE WARRANTIES EXPRESSLY AS PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR SECTION 7.2) NON-INFRINGEMENT WITH RESPECT TO INFRINGEMENT, REGARDING THE SERVICES, PRODUCTS, AND LICENSED TECHNOLOGY OR ANY OTHER MATERIALS OR INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES PROVIDED UNDER THIS AGREEMENT. ADDITIONALLY, WITH RESPECT TO THIS AGREEMENT HYTHIAM MAKES NO REPRESENTATION REPRESENTATIONS OF STATEMENT MADE BY EITHER PARTY ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SAFETY OR EFFICACY OF THE LICENSED TECHNOLOGY, THAT THE LICENSED TECHNOLOGY WILL OPERATE IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR REGARDING ANY OTHER SUBJECT MATTER OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHIS AGREEMENT.

Disclaimer of Warranties. EXCEPT FOR THOSE THE EXPRESS WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT SET FORTH HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL GRANTS ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESMERCHANTABILITY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT USE OR PURPOSE (INCLUDING, WITHOUT LIMITATION, THAT ANY LICENSED COMPOUND OR LICENSED PRODUCT CAN BE SUCCESSFULLY DEVELOPED OR COMMERCIALIZED FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT ANY INDICATION) OR REQUIRED BY STATUTEANY WARRANTY AS TO THE PATENTABILITY, THERE IS NO WARRANTY VALIDITY OR ENFORCEABILITY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH RESPECT “[...***...]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SERVICESSECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYAMENDED.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED LESSOR, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THIS AGREEMENT OR REQUIRED BY STATUTETHE EQUIPMENT, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESMAKES NO WARRENTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR MADE SHALL BE BINDING UPON EITHER PARTY SPECIAL METHODS. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A WARRANTYRESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO LESSOR, LESSEE LEASES THE EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTECTS MAKES NO WARRENTIES, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION AS IT RELATES TO THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR MADE SHALL BE BINDING UPON EITHER PARTY SPECIAL METHODS. CTS FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A WARRANTYRESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO CUSTOMER, CUSTOMER CONTRACTS FOR THE USE OF THE EQUIPMENT “AS IS”. CTS SHALL NOT BE LIABLE IN ANY EVENT TO CUSTOMER FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY PROVIDED AS A SERVICE OR ACCIDENTAL BREAKAGE THEREOF.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT OR REQUIRED THE SCHEDULES ATTACHED HERETO, THE PARTIES ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED AS-IS, THAT EACH RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS USE OF AND RELIANCE UPON THE SERVICES AND EACH PROVIDER, TO THE MAXIMUM EXTENT PERMITTED BY STATUTEAPPLICABLE LAW, MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS PROVIDER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESREPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, AS EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, INCLUDING ANY REPRESENTATION OR WARRANTY IN REGARD TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESPERFORMANCE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY AND/OR FITNESS OF ANY SERVICE FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.

Disclaimer of Warranties. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THOSE THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 3.1 OF THE ASSET PURCHASE AGREEMENT, SELLER HAS MADE NO REPRESENTATION OR WARRANTY WHATSOEVER AND BUYER HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED RELATED TO THE Project Results OR THE TRANSACTIONS CONTEMPLATED HEREBY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT SECTION 3.1 OF THE ASSET PURCHASE AGREEMENT, BUYER IS LICENSING THE RIGHTS HEREUNDER ON AN “AS IS, WHERE IS” BASIS WITHOUT ANY EXPRESS OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL IMPLIED WARRANTIES, WHETHER EXPRESS EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW, AS TO THE BY STATUTE OR OTHERWISE, INCLUDING ANY WARRANTY OF QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY MERCHANTABILITY, CONDITION OF TITLETHE ASSETS, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE AS TO DESCRIPTION, AUTHORITY, OR THE NON-INFRINGEMENT WITH RESPECT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR AS TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYMATTER.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEAS SET FORTH ABOVE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS OPTASIA MEDICAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF OPTASIA MEDICAL HAD BEEN INFORMED OF SUCH PURPOSE,), OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. EXCEPT CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT IN EACH JURISDICTION IN WHICH ANY SUCH DISCLAIMER IS UNENFORCEABLE, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THIRTY (30) DAYS FROM THE DATE THE LICENSE KEY FOR THOSE WARRANTIES EXPRESSLY PROVIDED THE RESPECTIVE SOFTWARE IS DELIVERED TO CUSTOMER; PROVIDED, HOWEVER, THAT CUSTOMER'S SOLE REMEDY SHALL IN ANY CASE BE THAT OPTASIA MEDICAL WILL, AT ITS OPTION, REPAIR OR REPLACE CUSTOMER'S COPY OF THE SOFTWARE, OR TERMINATE THIS AGREEMENT OR REQUIRED AND COS AND REFUND AMOUNTS ALREADY PAID THEREFORE BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYCUSTOMER.

Disclaimer of Warranties. EXCEPT FOR THOSE AS SET FORTH IN SECTION 15 ABOVE, COMPANY MAKES NO WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEREGARDING THE SOFTWARE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR AND IMPLIED, AS TO THE QUALITY, FUNCTIONALITY STATUTORY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT OTHERWISE WITH RESPECT TO THE SERVICES, PRODUCTSINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY, AND ANY OTHER WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, AND ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, BUGS OR ERRORS. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS AND ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. COMPANY DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY OF DATA OR INFORMATION OR MATERIALS EXCHANGED PROVIDED BY THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION EXCLUSION OF STATEMENT MADE BY EITHER PARTY OR ANY CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT THE ABOVE EXCLUSIONS MAY NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS APPLY IF CLIENT IS LOCATED IN SUCH A WARRANTYJURISDICTION.

Disclaimer of Warranties. EXCEPT FOR THOSE AS OTHERWISE SET FORTH ABOVE, DOLBY MAKES NO WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED REGARDING THE SOFTWARE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY STATUTEAPPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF DOLBY AND ITS AFFILIATES SUPPLIERS PROVIDE THE SOFTWARE AS IS, AND SUPPLIERS DISCLAIMS HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY SPECIFICATIONSWARRANTIES ARISING OUT OF COURSE OF DEALING, DESCRIPTION USAGE OR STATEMENTS PROVIDED TRADE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR MADE SHALL UNINTERRUPTED OR THAT ALL SOFTWARE ERRORS WILL BE BINDING UPON EITHER PARTY CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOLBY OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS XXXX. THE ENTIRE RISK AS A WARRANTYTO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

Disclaimer of Warranties. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, EXCEPT FOR THOSE SECTION 3 HEREOF, THE DEED AND THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THE PARTICIPATION AGREEMENT, THE SELLER CONVEYS THE FACILITY TO THE BUYER "AS- IS," "WHERE-IS," AND "WITH ALL FAULTS," AND THE BUYER ACKNOWLEDGES THAT THE SELLER DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY PROVIDED IN THIS AGREEMENT DISCLAIMS, ANY AND ALL RIGHTS, CLAIMS, WARRANTIES OR REQUIRED BY STATUTEREPRESENTATIONS, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, AS TO THE QUALITYVALUE, FUNCTIONALITY OR CHARACTERISTICS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, DESIGN, OPERATION, MERCHANTABILITY OF THE SERVICES AND PRODUCTS PROVIDED BY FACILITY OR AS TO THE PARTIESQUALITY OF THE MATERIAL OR WORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, INCLUDING BUT FREEDOM FROM PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT, THE ABSENCE OF ANY LATENT OR OTHER DEFECT, WHETHER OR NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYDISCOVERABLE, OR NON-INFRINGEMENT AS TO THE ABSENCE OF ANY OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHERETO.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS ARTICLE 3, IT IS UNDERSTOOD AND AGREED THAT THE PURCHASED ASSETS SOLD AND ASSIGNED UNDER THIS AGREEMENT OR REQUIRED ARE PROVIDED TO AND ACCEPTED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF PURCHASER "AS IS" AND ITS AFFILIATES THAT PURCHASER AND SUPPLIERS DISCLAIMS SEH DISCLAIM ALL WARRANTIESWARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS TO INCLUDING THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,PURPOSE AND ANY WARRANTY THAT SAMSYN SHALL NOT INFRINGE ON THE RIGHTS OF ANY THIRD PARTY. EXCEPT SELLER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SAMSYN'S PROPRIETARY MARKS OR USE THEREOF OR REPRESENTATIONS OR WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE. SELLER SHALL NOT BE LIABLE FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT ANY DIRECT, INDIRECT, CONSEQUENTIAL OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, PUNITIVE DAMAGES ARISING FROM OR NON-INFRINGEMENT WITH RESPECT RELATED TO THE SERVICESUSE OF SAMSYN OR ANY UPDATES, PRODUCTSMODIFICATIONS, AND ENHANCEMENTS, IMPROVEMENTS OR DERIVATIVE WORKS THERETO BY PURCHASER, SEH OR ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYPERSON.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS ZYNX DISCLAIMS ALL WARRANTIESWARRANTIES MADE WITH RESPECT TO THE ZYNX PRODUCTS, THE DESIGNATED ZYNX MARKS, OR ANY OTHER ITEMS, MATERIALS OR SERVICES PROVIDED OR MADE AVAILABLE TO CUSTOMER/CLIENT PURSUANT TO THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYARISING BY OPERATION OF LAW OR OTHERWISE, FUNCTIONALITY INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR CHARACTERISTICS IMPLIED WARRANTY OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESTITLE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLEACCURACY, QUIET ENJOYMENTTIMELINESS, QUIET POSSESSIONCOMPLETENESS, CORRESPONDENCE TO DESCRIPTION, AUTHORITYADEQUACY, OR NONNON- INFRINGEMENT, OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FURTHERMORE, ZYNX DOES NOT WARRANT THAT THE ZYNX PRODUCTS WILL OPERATE ON AN UNINTERRUPTED OR ERROR-INFRINGEMENT FREE BASIS. ZYNX SHALL NOT BE LIABLE TO ALLSCRIPTS, A CUSTOMER/CLIENT OR TO ANY OTHER THIRD PARTY WITH RESPECT TO THE SERVICESANY ACTUAL OR ALLEGED INACCURACY, PRODUCTSUNTIMELINESS, AND ANY OTHER INFORMATION INCOMPLETENESS, INADEQUACY, UNMERCHANTABILITY, UNFITNESS, INTERRUPTION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYERROR.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED SMG AND MPEA BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THIS AGREEMENT OR REQUIRED BY STATUTETHE EQUIPMENT, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR MADE SHALL BE BINDING UPON EITHER PARTY SPECIAL METHODS. SMG AND MPEA FURTHER DISCLAIM ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LICENSEE OR THIRD PARTIES AS A WARRANTYRESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO SMG, LICENSEE RENTS THE EQUIPMENT “AS IS”. SMG AND MPEA SHALL NOT BE LIABLE IN ANY EVENT TO LICENSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS SFDC DISCLAIMS ALL WARRANTIESAND MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING THE HEROKU SERVICE, THE PARTNER PORTAL, ELEMENTS AND THE API, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, AS TO THE QUALITYORAL OR IN WRITING, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESARISING UNDER ANY LAW, INCLUDING BUT NOT LIMITED WITH RESPECT TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR VALIDITY, NON-INTERRUPTION, ERROR-FREE OPERATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL SFDC BE LIABLE TO PROVIDER (OR TO ANY INDIVIDUAL OR ENTITY AFFILIATED WITH PROVIDER) FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF THE OPERATION OR AVAILABILITY OF THE HEROKU SERVICE, THE PROVIDER SERVICES, PRODUCTS, AND ELEMENTS CONTENT OR ANY OTHER INFORMATION SFDC PRODUCT OR MATERIALS EXCHANGED SERVICE, MADE AVAILABLE, ACCESSED OR USED AS PART OF PROVIDER'S DISTRIBUTION OF ANY PROVIDER SERVICE OR ELEMENTS CONTENT. CONTENT AND BETA SERVICES ARE PROVIDED "AS IS," AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER ANY THIRD-PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYHOSTING PROVIDERS.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEOther than those representations and warranties expressly set out in this Agreement and the Conveyance to be delivered at Closing, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESPartner hereby expressly disclaims any and all representations or warranties with respect to the Properties or the transaction contemplated hereby, WHETHER EXPRESS OR IMPLIEDand Partnership agrees that the Properties are being sold by Partner "where is" and "as is", AS with all faults. Specifically as a part of (but not in limitation of) the foregoing, Partnership acknowledges that, other than those representations and warranties expressly set out in this Agreement and the Conveyance to be delivered at Closing, Partner has not made, and Partner hereby expressly disclaims, any representation or warranty (express, implied, under common law, by statute or otherwise) with respect to the Properties INCLUDING (WITHOUT LIMITATION) TITLE TO THE QUALITYPROPERTIES, FUNCTIONALITY THE TITLE OR CHARACTERISTICS CONDITION OF THE SERVICES PROPERTIES, THE ESTIMATED AMOUNT OF ANY PROVED, PROBABLE OR POSSIBLE RESERVES, PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, FUTURE OIL OR GAS PRICES, FUTURE CAPITAL COSTS, FUTURE OPERATING COSTS, FUTURE TAXES, RATES OF RETURN OR FACTS RELATING TO INDUSTRY-WIDE RISKS NORMALLY ASSOCIATED WITH THE OIL AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO GAS BUSINESS AND PARTNER DISCLAIMS ANY IMPLIED WARRANTIES OR EXPRESS WARRANTY OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT CONFORMITY TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION MODELS OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENTSAMPLES OF MATERIALS. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYAll of the disclaimers of warranties or other matters in this section are subject to the representations and warranties in Article IV and are not meant to constitute a waiver of limitation of any claim against Partner for fraud.

Disclaimer of Warranties. The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY STATUTEAPPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF CROW CANYON AND ITS AFFILIATES SUPPLIERS PROVIDE THE SOFTWARE AND SUPPLIERS DISCLAIMS SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL WARRANTIESFAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, AS TO THE QUALITYINCLUDING, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO TO, ANY (IF ANY) IMPLIED WARRANTIES WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY AND/OR MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. EXCEPT FOR THOSE WARRANTIES EXPRESSLY AS PROVIDED IN SECTION 17.1 OF THIS AGREEMENT OR REQUIRED BY STATUTEAGREEMENT, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION, AUTHORITY, DESCRIPTION OR NON-INFRINGEMENT WITH RESPECT REGARD TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYSOFTWARE.

Disclaimer of Warranties. EXCEPT FOR THOSE THE EXPRESS WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT SET FORTH HEREIN (A) NEITHER PARTY MAKES ANY REPRESENTATIONS OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL GRANTS ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE AND EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT USE OR REQUIRED BY STATUTE, THERE IS NO PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, ANY PATENTS OR THE NON-INFRINGEMENT WITH RESPECT TO OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES AND (B) OCULAR ACKNOWLEDGES AND AGREES THAT TITAN MAKES NO REPRESENTATIONS OR GRANTS ANY WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE THAT ANY LICENSED PRODUCT DOES NOT INFRINGE THE SERVICES, PRODUCTS, AND PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHIRD PARTY.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT AGREEMENT, NEITHER PARTY HERETO MAKES ANY, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, GUARANTEES, OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS STATUTORY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT, THE LICENSED PRODUCT (INCLUDING THE SAFETY OR EFFICACY THEREOF) OR OTHERWISE WITH RESPECT TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESSUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTSOR COVERAGE OF ANY PRODUCT BY OR VALIDITY OF ANY PATENTS, AND ANY AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. EXCEPT AS SET FORTH IN SECTION 13.3(e)(ii) ABOVE, NEITHER NOVARTIS, ITS AFFILIATES NOR ANY OTHER INFORMATION PERSON SHALL HAVE OR BE SUBJECT TO ANY LIABILITY TO ENDO OR ANY OTHER PERSON RESULTING FROM THE DISTRIBUTION TO ENDO, OR ENDO’S USE OF, ANY INFORMATION, DOCUMENTS OR MATERIALS EXCHANGED BY MADE AVAILABLE TO ENDO IN ANY “DATA ROOMS”, MANAGEMENT PRESENTATIONS OR IN ANY OTHER FORM IN EXPECTATION OF THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTRANSACTIONS CONTEMPLATED HEREBY.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED LESSOR, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THIS AGREEMENT OR REQUIRED BY STATUTETHE EQUIPMENT, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR MADE SHALL BE BINDING UPON EITHER PARTY SPECIAL METHODS. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A WARRANTYRESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO LESSOR, LESSEE LEASES THE EQUIPMENT "AS IS". LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY THE ORCP SERVICES, INCLUDING THE CERTIFICATE, ARE PROVIDED IN THIS AGREEMENT ON AN “AS-IS” BASIS WITH ALL RISKS AND FAULTS ASSOCIATED THEREWITH. ARIN MAKES NO REPRESENTATION, WARRANTY OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF COVENANT OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESANY KIND WITH RESPECT TO ANY CERTIFICATE OR ORCP SERVICES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY SATISFACTION OF TITLEREQUIREMENTS, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYNON-INFRINGEMENT, OR NON-INFRINGEMENT WITH RESPECT TO ANY WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, TRADE OR USAGE. ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS ARE HEREBY DISCLAIMED BY XXXX AND WAIVED BY YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARIN DOES NOT REPRESENT, WARRANT OR COVENANT THAT ANY ORCP SERVICES, PRODUCTSCERTIFICATE, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY ACCESS OR USE THEREOF WILL (a) BE UNINTERRUPTED, (ii) BE FREE OF ITS AGENTS DEFECTS, INACCURACIES, OR EMPLOYEESERRORS, ORAL OR WRITTEN(iii) MEET YOUR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.OR

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Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT OR REQUIRED BY STATUTEAGREEMENT, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL REVINATE MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYBY OPERATION OF LAW OR OTHERWISE, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESINCLUDING, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLECOMPATIBILITY, QUIET ENJOYMENTSECURITY, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYACCURACY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER IMPLIED WARRANTIES ARISING OUT OF THIS AGREEMENT. REVINATE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS ARISING FROM CUSTOM OR TRADE USAGE OR FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION TO THE FOREGOING, REVINATE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY ANY KIND THAT THE SERVICES OR THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY OF ITS AGENTS INTENDED RESULTS, BE COMPATIBLE OR EMPLOYEESWORK WITH ANY OTHER SOFTWARE, ORAL APPLICATIONS, SYSTEMS OR WRITTENSERVICES, INCLUDINGOPERATE WITHOUT INTERRUPTION, BUT NOT LIMITED TOMEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE PROVIDED ERROR FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE, OR THAT ANY SPECIFICATIONS, DESCRIPTION ERRORS OR STATEMENTS PROVIDED DEFECTS CAN OR MADE SHALL WILL BE BINDING UPON EITHER PARTY AS A WARRANTYCORRECTED.

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Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT ISP MAKES NO REPRESENTATION OR REQUIRED BY STATUTEWARRANTY WHETHER EXPRESS, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESIMPLIED OR STATUTORY, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO REGARDING THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION SYSTEM EQUIPMENT OR MATERIALS EXCHANGED ISP-OWNED OR PROVIDED EQUIPMENT USED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENCUSTOMER, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONSIMPLIED WARRANTIES OF MERCHANTABILITY, DESCRIPTION FITNESS OF THE SERVICES OR STATEMENTS EQUIPMENT FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. ISP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY, AND MAKES NO WARRANTY, FOR THE SUBSTANCE, ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS NETWORK, AN ACCOUNT, OR THAT THE SERVICE WILL BE ERROR-FREE, WHETHER OR NOT SUCH SERVICE IS USED BY CUSTOMER OR AN END USER. IN ADDITION, ISP MAKES NO WARRANTY WITH RESPECT TO ANY SOFTWARE OR HARDWARE PRODUCTS ("PRODUCTS") USED OR PROVIDED BY ISP IN CONNECTION WITH AN ACCOUNT. ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYOTHER INTELLECTUAL PROPERTY CLAIMS, WHETHER ACTUAL OR ALLEGED, ARE THE DIRECT RESPONSIBILITY OF THAT PRODUCT'S MANUFACTURER. ISP ASSUMES NO RESPONSIBILITY FOR ANY ACTIONS OR LIABILITIES ARISING FROM THE POSSESSION OR USE OF THE PRODUCTS.

Disclaimer of Warranties. EXCEPT FOR THOSE THE WARRANTIES EXPRESSLY PROVIDED STATED IN THIS AGREEMENT OR REQUIRED AGREEMENT, TO THE MAXIMUM EXTENT ALLOWED BY STATUTELAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS EXTERRO DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYINCLUDING WARRANTIES ARISING UNDER STATUTE, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/MERCHANTABILITY, ACCURACY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,PURPOSE OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO EXTERRO SPECIFICALLY DOES NOT WARRANT THAT THE SERVICES, PRODUCTSDELIVERABLES, AND OR SOFTWARE WILL MEET THE REQUIREMENTS OF CUSTOMER OR OTHERS OR THAT THEY WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR. CUSTOMER ACKNOWLEDGES THAT IN ENTERING THIS AGREEMENT IT HAS NOT RELIED ON ANY OTHER INFORMATION PROMISE, WARRANTY OR MATERIALS EXCHANGED REPRESENTATION NOT EXPRESSLY SET FORTH HEREIN OR INCORPORATED INTO THIS AGREEMENT BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYREFERENCE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEXXXXX, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES BUYER GROUP, REPRESENTS THAT BUYER IS BEING PROVIDED THE CAR “AS IS”, AND SUPPLIERS DISCLAIMS ALL WARRANTIES“WHERE IS”. NO MEMBER OF RELEASED PARTIES MAKES ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR REPRESENTATION AS TO THE QUALITYQUALITY OF WORKMANSHIP OR MATERIALS OR THE FITNESS, FUNCTIONALITY SAFETY, EFFICIENCY, ROADABILITY OR CHARACTERISTICS RACEABILITY OR THE PERFORMANCE ABILITY OF THE SERVICES CAR, ITS PRESENT STATE OF REPAIR, ITS CONDITION OR MAINTENANCE, OR ITS ABILITY TO FUNCTION IN ANY RESPECT. TO THE CONTRARY, RELEASED PARTIES SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE FITNESS OF THE CAR, ITS PROBABILITY OF SUCCESS AND PRODUCTS PROVIDED BY THE PARTIESOTHER COMPONENTS OF THE CAR FOR ANY SUCH PURPOSE. BUYER, ON BEHALF OF ITSELF AND BUYER GROUP, WAIVES ALL CLAIMS IT HAS OR MAY HAVE OR THEY HAVE OR MAY HAVE IN THE FUTURE WHICH ARE BASED IN WHOLE OR PART ON A CLAIM OF BREACH OF ANY SUCH WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A ANY PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYUSE.

Disclaimer of Warranties. EXCEPT FOR THOSE THE DEVELOPER SANDBOX AND APIS ARE PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY STATUTELAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS ASI DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TERMS AND CONDITIONS WITH RESPECT TO THE DEVELOPER SANDBOX AND APIS, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESMERCHANTABILITY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,, NONINFRINGEMENT AND TITLE. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT CERTAIN WARRANTIES. TO THE SERVICESEXTENT SUCH A LAW APPLIES TO CUSTOMER, PRODUCTSSOME OR ALL OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO CUSTOMER, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENTCUSTOMER MAY HAVE ADDITIONAL RIGHTS. NO REPRESENTATION 8- LIMITATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.LIABILITY

Disclaimer of Warranties. EXCEPT FOR THOSE MARKET DATA IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES EXPRESSLY OF ANY KIND. THE SUBSCRIBER AGREES THAT THE MARKET DATA IS PROVIDED IN THIS AGREEMENT ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE USER AGREES THAT NEITHER THE DISTRIBUTOR OR REQUIRED BY STATUTEANY OF THE EXCHANGES NOR ITS MEMBERS NOR ANY OF THEIR RESPECTIVE MEMBERS, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, NOR ANY LICENSOR TO EXCHANGE MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE QUALITYMARKET DATA OR THE TRANSMISSION, FUNCTIONALITY TIMELINESS, ACCURACY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESCOMPLETENESS THEREOF, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY AND/MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT PURPOSE OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, USE OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTSINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY OTHER INFORMATION COURSE OF DEALING OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION USAGE OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTRADE.

Disclaimer of Warranties. EXCEPT FOR THOSE THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. EMFLUENCE MAKES NO WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESANY KIND, WHETHER EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS NOT SPECIFICALLY ENUMERATED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES PROVIDED UNDER UNIFORM COMMERCIAL CODE § 2-312 OR ANY SIMILAR STATE STATUTE, RULE, REGULATION, OR PROVISION. EMFLUENCE MAKES NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE CAPABILITIES OR PERFORMANCE OF ANY PERSONNEL OR SERVICE THAT EMFLUENCE MIGHT PROVIDE TO CLIENT IN CONNECTION WITH DELIVERY OR IMPLEMENTATION OF THE SERVICES. TO THE QUALITYMAXIMUM EXTENT PERMITTED BY LAW, FUNCTIONALITY EMFLUENCE AND THE THIRD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR AND FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYINFRINGEMENT.

Disclaimer of Warranties. EXCEPT FOR THOSE MARKET DATA IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES EXPRESSLY OF ANY KIND. THE SUBSCRIBER AGREES THAT THE MARKET DATA IS PROVIDED IN THIS AGREEMENT ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE USER AGREES THAT NEITHER THE DISTRIBUTOR OR REQUIRED BY STATUTETHE EXCHANGE NOR ITS MEMBERS NOR ANY OF THEIR RESPECTIVE MEMBERS, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, NOR ANY LICENSOR TO EXCHANGE MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE QUALITYMARKET DATA OR THE TRANSMISSION, FUNCTIONALITY TIMELINESS, ACCURACY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESCOMPLETENESS THEREOF, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY AND/MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT PURPOSE OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, USE OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTSINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY OTHER INFORMATION COURSE OF DEALING OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION USAGE OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTRADE.

Disclaimer of Warranties. 9.1 BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THOSE THE EXPRESS REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED CONTAINED IN THIS AGREEMENT ARTICLE 3 OF THE ASSET PURCHASE AGREEMENT, SELLER HAS MADE NO REPRESENTATION OR REQUIRED BY STATUTEWARRANTY WHATSOEVER TO BUYER, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS RELATED TO THE LICENSED IP AND DOCUMENTATION OR THE TRANSACTIONS CONTEMPLATED HEREBY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN ARTICLE 3 OF THE ASSET PURCHASE AGREEMENT, BUYER IS LICENSING THE RIGHTS GRANTED TO IT HEREUNDER WITHOUT ANY OTHER EXPRESS WARRANTIES OR ANY IMPLIED WARRANTIES, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, INCLUDING ANY WARRANTY OF QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY MERCHANTABILITY, CONDITION OF TITLETHE ASSETS, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE AS TO DESCRIPTION, AUTHORITY, OR THE NON-INFRINGEMENT WITH RESPECT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR AS TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYMATTER.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED OWNER BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THIS AGREEMENT OR REQUIRED BY STATUTETHE EQUIPMENT, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY SPECIFICATIONSPARTICULAR PURPOSE, DESCRIPTION OR STATEMENTS PROVIDED THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS OR MADE SHALL BE BINDING UPON EITHER PARTY CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. OWNER FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO RENTER OR THIRD PARTIES AS A WARRANTYRESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO OWNER, OWNER LEASES THE EQUIPMENT “AS IS”. OWNER SHALL NOT BE LIABLE IN ANY EVENT TO RENTER FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED NOTHING IN THIS AGREEMENT SHALL BE DEEMED ------------------------ TO BE A REPRESENTATION OR REQUIRED WARRANTY BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDPARENT, AS TO THE QUALITYLICENSOR, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY SCOPE, VALIDITY, ENFORCEABILITY, VALUE OR FREEDOM FROM INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE PARTIESCOVERED INTELLECTUAL PROPERTY. PARENT, INCLUDING BUT AS LICENSOR, SHALL NOT LIMITED HAVE ANY LIABILITY WHATSOEVER TO SUB, AS LICENSEE, OR TO ANY IMPLIED WARRANTIES OTHER PERSON ON ACCOUNT OF MERCHANTABILITY AND/ANY INJURY, LOSS OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT DAMAGE, OF ANY KIND OR REQUIRED BY STATUTENATURE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYSUSTAINED BY, OR NON-INFRINGEMENT ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON SUB, AS LICENSEE, OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (a) THE PRODUCTION, USE OR SALE OF ANY APPARATUS OR PRODUCT THROUGH THE USE OR PRACTICE OF ANY OF THE COVERED INTELLECTUAL PROPERTY, (b) THE OTHER USE OF ANY OF THE COVERED INTELLECTUAL PROPERTY OR (c) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTHE FOREGOING.

Disclaimer of Warranties. THIS IS A SERVICE AGREEMENT. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY STATED ELSEWHERE IN THIS AGREEMENT, (INCLUDING WITHOUT LIMITATION IN SECTION 1.2 (STANDARD OF PERFORMANCE) ABOVE) (I) PROVIDER DOES NOT GUARANTEE, REPRESENT OR WARRANT THE TRANSITION SERVICES TO BE PROVIDED HEREUNDER OR ANY DELIVERABLES PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTECONNECTION THEREWITH, EACH PARTY (II) THE TRANSITION SERVICES AND ANY DELIVERABLES PROVIDED IN CONNECTION THEREWITH SHALL BE PROVIDED ON BEHALF OF ITSELF AN “AS IS” AND ITS AFFILIATES “WITH ALL FAULTS” BASIS, AND SUPPLIERS (III) THERE ARE NO OTHER, AND PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ALL WARRANTIESOTHER, WHETHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THIS AGREEMENT, THE TRANSITION SERVICES AND ANY DELIVERABLES PROVIDED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, AS TO THE QUALITYINCLUDING ANY WARRANTY OF MERCHANTABILITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY ANDTITLE/NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,, WHICH ARE SPECIFICALLY DISCLAIMED. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT PROVIDER DOES NOT GUARANTEE, REPRESENT OR REQUIRED BY STATUTEWARRANT THE CORRECTNESS, THERE IS NO WARRANTY OF TITLECOMPLETENESS, QUIET ENJOYMENTCURRENTNESS, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYMERCHANTABILITY, OR NON-INFRINGEMENT WITH RESPECT FITNESS FOR A PARTICULAR PURPOSE OF ANY DATA PROVIDED TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYRECIPIENT.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT AGREEMENT, LICENSOR AND LICENSEE MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OR REQUIRED BY STATUTECONDITIONS OF ANY KIND, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, AS TO IMPLIED (IN THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS CASE OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESLICENSOR, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENTECHNOLOGY), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF THE PATENTS LICENSED HEREUNDER, OR NONINFRINGEMENT OF THE IP RIGHTS OF THIRD PARTIES. IN PARTICULAR, LICENSOR OFFERS NO REPRESENTATION OR WARRANTIES THAT THE USE OF ALL OR ANY SPECIFICATIONSPART OF THE TECHNOLOGY WILL RESULT IN THE SUCCESSFUL COMMERCIALIZATION OF ANY PRODUCT FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND WITHOUT LIMITING LICENSEE’S REMEDIES FOR ANY BREACH OF THIS AGREEMENT BY LICENSOR, DESCRIPTION LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR ANY DAMAGES INCLUDING INCIDENTAL OR STATEMENTS PROVIDED CONSEQUENTIAL DAMAGES OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYCOST OF PROCUREMENT OF SUBSTITUTE GOODS SERVICES OR TECHNOLOGY BY REASON OF THE LICENSEE’S USE AND APPLICATION OF THE TECHNOLOGY, WHICH USE AND APPLICATION IS UNDERTAKEN AT LICENSEE’S SOLE RISK.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT AGREEMENT, COUPA DOES NOT MAKE ANY OTHER REPRESENTATION, WARRANTY, OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDGUARANTY, AS TO THE RELIABILITY, TIMELINESS, QUALITY, FUNCTIONALITY SUITABILITY, AVAILABILITY, ACCURACY OR CHARACTERISTICS COMPLETENESS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESHOSTED APPLICATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY COUPA PLATFORM, UPDATES, DOCUMENTATION, SUPPORT AND/OR ANY OTHER COUPA SERVICES PROVIDED OR OFFERED HEREUNDER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES PROVIDED HEREUNDER ARE PROVIDED STRICTLY ON AN “AS IS” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ARE HEREBY DISCLAIMED TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED MAXIMUM EXTENT PERMITTED BY THE PARTIES UNDER THIS AGREEMENTAPPLICABLE LAW. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY7.3.

Disclaimer of Warranties. The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY STATUTEAPPLICABLE LAW, EACH PARTY ON BEHALF OF ITSELF WISHWILL AND ITS AFFILIATES SUPPLIERS PROVIDE THE SOFTWARE AND SUPPLIERS DISCLAIMS SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL WARRANTIESFAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, AS TO THE QUALITYINCLUDING, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO TO, ANY (IF ANY) IMPLIED WARRANTIES WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY AND/OR MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. EXCEPT FOR THOSE WARRANTIES EXPRESSLY AS PROVIDED IN SECTION 17.1 OF THIS AGREEMENT OR REQUIRED BY STATUTEAGREEMENT, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION, AUTHORITY, DESCRIPTION OR NON-INFRINGEMENT WITH RESPECT REGARD TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYSOFTWARE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT AND ALL ATTACHMENTS REFERENCED HEREIN AND SO FAR AS IT IS PERMITTED TO DO SO UNDER APPLICABLE LAW, NETBRAIN MAKES NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR REQUIRED BY STATUTESTATUTORY REGARDING OR RELATING THE PROGRAMS, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS DOCUMENTATION OR IMPLIED, AS ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES ORDERING ACTIVITY UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOTO WARRANTIES OF PERFORMANCE, TITLE, USE OR NON-INFRINGEMENT. NETBRAIN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY WITH RESPECT TO THE PROGRAMS, DOCUMENTATION AND ANY SPECIFICATIONSOTHER MATERIALS AND SERVICES PROVIDED BY NETBRAIN HEREUNDER, DESCRIPTION AND WITH RESPECT TO THE USE OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN, NETBRAIN DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR STATEMENTS PROVIDED COMPLETENESS OF THE PROGRAM(S), DOCUMENTATION, OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYMAINTENANCE SERVICES OR THAT THEY WILL OPERATE UNINTERRUPTED OR ERROR FREE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND, IF APPLICABLE, RELATED SUPPLIERS, PROVIDE THE APPLICATION AND ANY SUPPORT SERVICES, IF NEEDED, IN THIS AGREEMENT OR REQUIRED BY STATUTELICENSOR’S SOLE DISCRETION, EACH PARTY ON BEHALF REAND DO SO WITHOUT WARRANTY OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, AS TO THE QUALITYWHICH MAY INCLUDE, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT ARE NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND/OR FITNESS MERCHANTABILITY, OF SUITABILITY FOR A PARTICULAR SPECIFIED PURPOSE,, THAT IT CONTAINS ABSOLUTE ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF ANY LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH RESPECT TO THE APPLICATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTESoftware, by its nature, may contain errors or bugs and Licensor makes no representation or warranty that the Application is free of any such error or bugs. Moreover, Licensor makes no representation or warranty as to potential downtime of the Application in the event of an error, bug or hardware defect. FURTHERMORE, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT REGARDS TO THE HEREIN CONTAINED APPLICATION. THE ENTIRE RISK AS TO THE QUALITY OF OR PERFORMANCE OF THE APPLICATION AND SUPPORT SERVICES, PRODUCTSIF ANY, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYREST WITH YOU.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED LESSOR, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THIS AGREEMENT OR REQUIRED BY STATUTETHE EQUIPMENT, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR MADE SHALL BE BINDING UPON EITHER PARTY SPECIAL METHODS. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A WARRANTYRESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO LESSOR, LESSEE LEASES THE EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY THE TRACER DAO IS AN EXPERIMENT IN THE FIELD OF DECENTRALISED GOVERNANCE STRUCTURES. ACCORDINGLY, THE FOUNDATIONAL CODE, THE VOTE INTERFACE AND THE COORDINATION OF THE GOVERNANCE PERIOD ARE PROVIDED IN THIS AGREEMENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESWARRANTY, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, AS STATUTORY TO THE QUALITYMAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNCTIONALITY THE PARTICIPANTS, GOVERNANCE TOKENS HOLDERS, SERVICE PROVIDERS, OR CHARACTERISTICS ANY OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO THEIR RELATED PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/TITLE, LEGALITY, VALIDITY, ADEQUACY OR ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, PURPOSE AND/OR NON-INFRINGEMENT WITH RESPECT TO INFRINGEMENT. THE SERVICESPARTICIPANTS, PRODUCTSGOVERNANCE TOKENS HOLDERS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY SERVICE PROVIDERS, OR ANY OF ITS AGENTS THEIR RELATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR EMPLOYEESWARRANTIES THAT ACCESS TO OR USE OF THE FOUNDATIONAL CODE, ORAL THE PROVISION OF THE VOTE INTERFACE AND THE AND COORDINATION OF THE GOVERNANCE PERIOD WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYERROR-FREE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY OTHERWISE PROVIDED IN HEREIN, THE PARTS MANUFACTURED BY XOMETRY PURSUANT TO AN ORDER SUBMITTED ON THIS AGREEMENT OR REQUIRED WEBSITE AS WELL AS THE WEBSITE AND SERVICES, AND ALL INFORMATION AND CONTENT THEREIN, AND ANY OTHER MATERIALS PROVIDED BY STATUTEXOMETRY, EACH PARTY ON BEHALF ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ITSELF AND ITS AFFILIATES AND SUPPLIERS ANY KIND. XOMETRY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS RELATING TO THE QUALITYWEBSITE, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESPARTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED XOMETRY DOES NOT WARRANT THAT ANY SUCH PARTS OR THE USE OF THE WEBSITE OR SERVICES WILL BE UN INTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS W ILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY WHICH CASE SOME OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE THE ABOVE EXCLUSIONS MAY NOT APPLY TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYALL USERS.

Disclaimer of Warranties. EXCEPT FOR THOSE THE WARRANTIES EXPRESSLY PROVIDED STATED IN THIS AGREEMENT OR REQUIRED AGREEMENT, TO THE MAXIMUM EXTENT ALLOWED BY STATUTELAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS FATSTACKS DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY ORAL OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESWRITTEN, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES ARISING UNDER STATUTE, WARRANTIES OF MERCHANTABILITY AND/MERCHANTABILITY, ACCURACY, TITLE, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,PURPOSE OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FATSTACKS SPECIFICALLY DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICE, SOFTWARE, PROFESSIONAL SERVICES, DEVELOPMENT TOOLS, DOCUMENTATION OR DELIVERABLES WILL MEET THE REQUIREMENTS OF CUSTOMER OR OTHERS OR THAT THEY WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR. CUSTOMER ACKNOWLEDGES THAT IN ENTERING THIS AGREEMENT IT HAS NOT RELIED ON ANY PROMISE, WARRANTY OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYEXPRESSLY SET FORTH HEREIN.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT AGREEMENT, NEITHER PARTY HERETO MAKES ANY, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, GUARANTEES, OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS STATUTORY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT, THE LICENSED PRODUCT (INCLUDING THE SAFETY OR EFFICACY THEREOF) OR OTHERWISE WITH RESPECT TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESSUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTSOR COVERAGE OF ANY PRODUCT BY OR VALIDITY OF ANY PATENTS, AND ANY AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. EXCEPT AS SET FORTH IN SECTION 13.3(e)(ii) ABOVE, NEITHER NOVARTIS, ITS AFFILIATES NOR ANY OTHER INFORMATION PERSON SHALL HAVE OR BE SUBJECT TO ANY LIABILITY TO ENDO OR ANY OTHER PERSON RESULTING FROM THE DISTRIBUTION TO ENDO, OR ENDO’S USE OF, ANY INFORMATION, DOCUMENTS OR MATERIALS EXCHANGED BY MADE AVAILABLE TO ENDO IN ANY “DATA ROOMS”, MANAGEMENT 51 PRESENTATIONS OR IN ANY OTHER FORM IN EXPECTATION OF THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTRANSACTIONS CONTEMPLATED HEREBY.

Disclaimer of Warranties. EXCEPT (a) LESSEE ACKNOWLEDGES THAT LESSEE IS NOT RELYING ON LESSOR'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF ANY PARTICULAR PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR HAS NOT MADE AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL DOES NOT MAKE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, DIRECTLY OR INDIRECTLY, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND OF FITNESS, CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, AND WARRANTIES AS TO THE DESIGN OR CONDITION OF THE EQUIPMENT AND THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE EQUIPMENT. LESSOR SHALL HAVE NO LIABILITY TO LESSEE FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, TO ANY EXTENT WHATSOEVER, RELATING TO OR ARISING OUT OF THE SELECTION, QUALITY, FUNCTIONALITY CONDITION, MERCHANTABILITY, SUITABILITY, FITNESS, OPERATION OR CHARACTERISTICS PERFORMANCE OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENTEQUIPMENT. NO REPRESENTATION DEFECT IN OR UNFITNESS OF STATEMENT MADE BY EITHER PARTY OR ANY THE EQUIPMENT SHALL RELIEVE LESSEE OF ITS AGENTS OR EMPLOYEESOBLIGATIONS UNDER THE LEASE. LESSEE agrees that LESSOR assumes no liability for and makes no representation as to the treatment by LESSEE of the LEASE, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYthe Equipment or the rent payments or other sums due thereunder for financial statement or tax purposes.

Disclaimer of Warranties. EXCEPT FOR THOSE THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT, INCLUDING ANY EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED ANY SERVICE ORDER, TO THE MAXIMUM EXTENT ALLOWED BY STATUTELAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS INVOLTA DISCLAIMS ALL WARRANTIESOTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYINCLUDING WARRANTIES ARISING UNDER STATUTE, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/MERCHANTABILITY, ACCURACY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,PURPOSE OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT FOR THOSE WARRANTIES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEA SERVICE ORDER, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO INVOLTA SPECIFICALLY DOES NOT WARRANT THAT THE SERVICES, PRODUCTSDELIVERABLES, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY EQUIPMENT OR ANY MATERIALS WILL MEET THE REQUIREMENTS OF ITS AGENTS CLIENT OR EMPLOYEESOTHERS OR THAT THEY WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR CLIENT ACKNOWLEDGES THAT IN ENTERING THIS AGREEMENT IT HAS NOT RELIED ON ANY PROMISE, ORAL WARRANTY OR WRITTEN, INCLUDING, BUT REPRESENTATION NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION EXPRESSLY SET FORTH HEREIN OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYINCORPORATED INTO THIS AGREEMENT BY REFERENCE.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT OR REQUIRED BY STATUTESECTION 12(A), EACH OF DISTRIBUTOR AND ORBIMAGE HEREBY ACKNOWLEDGE AND AGREE THAT THE OTHER PARTY ON BEHALF HAS NOT MADE NOR SHALL IT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICESPRODUCTS AND SERVICES BEING PROVIDED BY DISTRIBUTOR AND ORBIMAGE, PRODUCTSAS THE CASE MAY BE, HEREUNDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF DISTRIBUTOR AND ORBIMAGE EXPRESSLY DISCLAIMS ANY OTHER INFORMATION AND ALL WARRANTIES, EXPRESS OR MATERIALS EXCHANGED IMPLIED, ARISING BY LAW, COURSE OF PERFORMANCE, CUSTOM OR USAGE IN THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE TRADE OR OTHERWISE, WITH RESPECT TO ANY PRODUCTS OR SERVICES TO BE PROVIDED BY EITHER SUCH PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENHEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONSIMPLIED WARRANTY OF MERCHANTABILITY, DESCRIPTION FITNESS FOR A PARTICULAR PURPOSE OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYAGAINST INFRINGEMENT. Without limitation of the foregoing, neither DISTRIBUTOR nor ORBIMAGE represent or warrant that the services and products to be provided by them hereunder shall be provided free of omissions, errors delays or interruptions.

Disclaimer of Warranties. EXCEPT FOR THOSE WITH THE EXCEPTION OF THE WARRANTIES EXPRESSLY CONTAINED IN SECTION 5 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LISNR PRODUCTS ARE PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF "AS IS" AND LISNR AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR OR, IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. MOREOVER, LISNR SHALL NOT BE HELD LIABLE FOR ANY SPECIFICATIONSDAMAGES OR COSTS WHETHER DIRECT, DESCRIPTION INDIRECT OR STATEMENTS PROVIDED CONSEQUENTIAL BROUGHT ABOUT BY PROPER OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYIMPROPER USE OF THE LISNR PRODUCTSOR BY ANY DEFECTS OR BUGS IN THE LISNR PRODUCTSOR BY ACCIDENTAL OR DELIBERATE MISUSE OF THE LISNR PRODUCTS BY THE LICENSEE OR ANY OTHER PARTY, OR BY THE EXPIRATION OF THE LICENSE OR ANY DELAYS OR FAILURES IN THE PROVISION OF LISNR PRODUCTS LICENSE RENEWALS TO LICENSEE OR ANY LOSS OR INTERRUPTION OF THE SERVICE OR LICENSEE’S INABILITY TO USE THE LISNR PRODUCTS WHOLLY OR PARTIALLY FOR WHATSOEVER REASON.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT AS SPECIFICALLY REPRESENTED OR REQUIRED BY STATUTEWARRANTED WITHIN THE CONTRACT, EACH PARTY ON BEHALF SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL WARRANTIES OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIESANY KIND, WHETHER EXPRESS OR IMPLIEDINCLUDING, AS TO WITHOUT LIMITATION, THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR AND FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR , NON-INFRINGEMENT, OR THOSE WARRANTIES EXPRESSLY ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE, OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION. ALL THIRD-PARTY CONTENT AND/OR SERVICES SELECTED BY CLIENT ARE PROVIDED IN THIS AGREEMENT "AS IS" AND ANY REPRESENTATION OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONCONCERNING ANY THIRD PARTY CONTENT OR SERVICES IS STRICTLY BETWEEN CLIENT AND THE THIRD-INFRINGEMENT WITH RESPECT TO PARTY OWNER OR DISTRIBUTOR OF THE SERVICES, PRODUCTS, AND THIRD-PARTY CONTENT OR THIRD PARTY SERVICE PROVIDER. CLIENT ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY OTHER INFORMATION REPRESENTATIONS OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT WARRANTIES MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY BENEFITFOCUS OTHER THAN AS A WARRANTY.SPECIFICALLY SET FORTH HEREIN.‌

Disclaimer of Warranties. EXCEPT FOR THOSE THE EXPRESS WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT SET FORTH HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL GRANTS ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT USE OR REQUIRED BY STATUTE, THERE IS NO PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, ANY PATENT RIGHTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE EXPLOITATION OF THE LICENSED ADCS OR LICENSED PRODUCTS PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL LICENSED PRODUCTS WILL BE BINDING UPON EITHER PARTY AS A WARRANTYACHIEVED.

Disclaimer of Warranties. EXCEPT FOR THOSE THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT, INCLUDING ANY EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED ANY SERVICE ORDER, TO THE MAXIMUM EXTENT ALLOWED BY STATUTELAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS INVOLTA DISCLAIMS ALL WARRANTIESOTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYINCLUDING WARRANTIES ARISING UNDER STATUTE, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/MERCHANTABILITY, ACCURACY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,PURPOSE OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT FOR THOSE WARRANTIES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTEA SERVICE ORDER, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO INVOLTA SPECIFICALLY DOES NOT WARRANT THAT THE SERVICES, PRODUCTSDELIVERABLES, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY EQUIPMENT OR ANY MATERIALS WILL MEET THE REQUIREMENTS OF ITS AGENTS CLIENT OR EMPLOYEESOTHERS OR THAT THEY WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR. CLIENT ACKNOWLEDGES THAT IN ENTERING THIS AGREEMENT IT HAS NOT RELIED ON ANY PROMISE, ORAL WARRANTY OR WRITTEN, INCLUDING, BUT REPRESENTATION NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION EXPRESSLY SET FORTH HEREIN OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYINCORPORATED INTO THIS AGREEMENT BY REFERENCE.

Disclaimer of Warranties. EXCEPT FOR THOSE THE EXPRESS WARRANTIES EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAKES ANY REPRESENTATIONS OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL GRANTS ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESMERCHANTABILITY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT USE OR REQUIRED BY STATUTE, THERE IS NO PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE LICENSES GRANTED HEREIN ARE MADE “AS IS, WHERE IS” WITH ALL FAULTS. ANY INFORMATION PROVIDED BY LICENSOR OR ITS AFFILIATES TO LICENSEE IS OR HAS BEEN MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTY WITH RESPECT TO THE SERVICESCOMPLETENESS, PRODUCTS, AND COMPLIANCE WITH REGULATORY STANDARDS OR REGULATIONS OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER INFORMATION KIND OF WARRANTY WHETHER EXPRESS OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENTIMPLIED. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTY.​ ​

Disclaimer of Warranties. A. ACKNOWLEDGING PURCHASER’S OPPORTUNITY TO INSPECT THE PROPERTY, EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED AS SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS TO BE DELIVERED AT CLOSING, PURCHASER AGREES TO TAKE THE PROPERTY “AS IS”, “WHERE IS”, WITH ALL FAULTS AND CONDITIONS THEREON. ANY INFORMATION, REPORTS, STATEMENTS, DOCUMENTS OR REQUIRED RECORDS (“DISCLOSURES”) PROVIDED OR MADE TO PURCHASER BY STATUTESELLER, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, EMPLOYEES CONCERNING THE CONDITION (INCLUDING, BUT NOT LIMITED TO, THE ENVIRONMENTAL CONDITION) OF THE PROPERTY SHALL NOT BE REPRESENTATIONS OR WARRANTIES, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT, OR IN ANY SPECIFICATIONSDOCUMENTS DELIVERED AT CLOSING. EXCEPT AS MAY OTHERWISE BE SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENT DELIVERED AT CLOSING, DESCRIPTION OR STATEMENTS PROVIDED OR MADE PURCHASER SHALL BE BINDING UPON EITHER PARTY NOT RELY ON SUCH DISCLOSURES, BUT RATHER, PURCHASER SHALL RELY ONLY ON ITS OWN INSPECTION OF THE PROPERTY. PURCHASER ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS AND TAKES INTO ACCOUNT THAT THE PROPERTY IS BEING SOLD “AS A WARRANTYIS”.

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT RENTER ACKNOWLEDGES AND AGREES THAT SCISWA IS NOT A MANUFACTURER, SUPPLIER, OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF DEALER OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL THE EQUIPMENT. SCISWA MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYANY MATTER WHATSOEVER, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED SPECIFICALLY DISCLAIMS ALL WARRANTIES IMPLIED BY THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT LAW TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTENFULLEST EXTENT POSSIBLE, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED CONTRACTS, WHICH PROVIDE FOR SPECIFIC APPARATUS OR MADE SHALL BE BINDING UPON EITHER PARTY SPECIAL METHODS. SCISWA FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO RENTER OR THIRD PARTIES AS A WARRANTYRESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. RENTER ACCEPTS THE EQUIPMENT “AS IS.” SCISWA SHALL NOT BE LIABLE IN ANY EVENT TO RENTER FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY RENTED OR ACCIDENTAL BREAKAGE THEREOF.

Disclaimer of Warranties. EXCEPT FOR THOSE (a) LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT, NOR THE AGENT OF THE MANUFACTURER AND THAT LESSOR HAS MADE NO REPRESENTATIONS, WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTECOVENANTS OF ANY KIND, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDIMPLIED STATUTORY OR OTHERWISE, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESANY MATTER WHATEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TO: THE DESIGN, CONDITION OR PERFORMANCE OF THE EQUIPMENT, ITS MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,PURPOSE OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE EQUIPMENT. EXCEPT FOR THOSE FURTHER, LESSOR MAKES NO WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICESCONFORMITY OF THE EQUIPMENT TO THE PROVISIONS AND SPECIFICATIONS OF ANY LAW, PRODUCTSRULE, REGULATION, CONTRACT OR PURCHASE ORDER, OR WITH RESPECT TO PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT MATTERS OR "YEAR 2000" COMPLIANCE. LESSOR EXPRESSLY DISCLAIMS ANY AND ANY OTHER INFORMATION ALL EXPRESS OR MATERIALS EXCHANGED BY IMPLIED WARRANTIES. AS TO LESSOR, LESSEE LEASES THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEESEQUIPMENT "AS IS, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYWHERE IS".

Disclaimer of Warranties. EXCEPT FOR THOSE WARRANTIES AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT OR REQUIRED BY STATUTEAGREEMENT, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL REVINATE MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITYBY OPERATION OF LAW OR OTHERWISE, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESINCLUDING, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLECOMPATIBILITY, QUIET ENJOYMENTSECURITY, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYACCURACY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES UNDER IMPLIED WARRANTIES ARISING OUT OF THIS AGREEMENT. REVINATE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS ARISING FROM CUSTOM OR TRADE USAGE OR FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION TO THE FOREGOING, REVINATE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY ANY KIND THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OF ITS AGENTS OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR EMPLOYEESSERVICES, ORAL OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR WRITTENRELIABILITY STANDARDS, INCLUDINGOR BE PROVIDED ERROR FREE, BUT NOT LIMITED TOUNINTERRUPTED, SECURE, OR VIRUS-FREE, OR THAT ANY SPECIFICATIONS, DESCRIPTION ERRORS OR STATEMENTS PROVIDED DEFECTS CAN OR MADE SHALL WILL BE BINDING UPON EITHER PARTY AS A WARRANTYCORRECTED.

Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THOSE WARRANTIES EXPRESSLY THE LIMITED WARRANTY SET FORTH ABOVE, THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. THE LIMITED WARRANTY CONTAINED IN THIS AGREEMENT OR REQUIRED BY STATUTE, EACH PARTY ON BEHALF IS IN LIEU OF ITSELF AND ITS AFFILIATES AND SUPPLIERS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS STATUTORY, EXPRESS, OR IMPLIED, AS TO THE QUALITYINCLUDING THOSE CONCERNING MERCHANTABILITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESTITLE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITYAND NONINFRINGEMENT, OR NONARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. EXASOL DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT FREE OR THAT ANY OR ALL ERRORS OR REPORTED NON- CONFORMITIES IN THE SERVICE WILL BE CORRECTED. EXASOL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO ANY THIRD PARTIES WITH RESPECT WHOM YOU SEPARATELY CONTRACT. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, ARE LIMITED TO THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR MATERIALS EXCHANGED SHORTEST PERIOD PERMITTED BY THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYLAW.

Disclaimer of Warranties. OTHER THAN THE WARRANTIES MADE TO RESELLER ------------------------ CONTAINED OR REFERENCED HEREIN, ENGAGE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ANY PRODUCT OR AS TO ANY SERVICES RENDERED TO RESELLER OR ANY OTHER PERSON. ENGAGE RESERVES THE RIGHT TO CHANGE ITS PRODUCT WARRANTY AND SERVICE POLICIES AT ANY TIME, WITHOUT FURTHER NOTICE AND WITHOUT FURTHER LIABILITY TO RESELLER OR ANY OTHER PERSON SUBJECT TO THE CONSENT OF RESELLER WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED AS SET FORTH ABOVE, AND TO THE EXThNT PERMITTED BY STATUTEAPPUCABLE LAW, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS ENGAGE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, WHETHER EXPRESS ORAL OR IMPLIED, AS TO THE QUALITY, FUNCTIONALITY OR CHARACTERISTICS OF THE SERVICES AND PRODUCTS PROVIDED BY THE PARTIESWRITTEN, INCLUDING BUT NOT LIMITED TO ANY TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, PRODUCTS, NONINFRINGEMENT AND ANY OTHER INFORMATION WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR MATERIALS EXCHANGED BY USAGE OF THE PARTIES UNDER THIS AGREEMENT. NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER PARTY AS A WARRANTYTRADE.