Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES AND ITS AFFILIATE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS AND ITS AFFILIATES DISCLAIM ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST AND ITS AFFILIATES HEREBY DISCLAIMS DISCLAIM ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST AND ITS AFFILIATES OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT FOR THE LICENSED MATERIALS EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYEXCEPT FOR THE EXPLICIT REPRESENTATIONS, WITHOUT LIMITING WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE GENERALITY CPS, THE ENTIRE RISK OF THE FOREGOING, ST MAKES NO REPRESENTATION USE OF ANY CERTIFICATE SERVICES OR WARRANTY THAT (I) ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE USE AND DISTRIBUTION VALIDATION OF THE LICENSED MATERIALS AND OR PARTS THEREOF DIGITAL SIGNATURES WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BORNE SOLELY BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWYOU.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP PROVIDES THE LUMIN SOFTWARE ON AN “AS IS”. ST MAKES NO ” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS OF ANY KIND. MAGIC LEAP AND OR PARTS THEREOF ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGIC LEAP, WITHOUT LIMITING ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL NOT INCREASE THE GENERALITY SCOPE OF THIS WARRANTY. MAGIC LEAP DOES NOT WARRANT THAT THE LUMIN SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL ACHIEVE PARTICULAR RESULTS OR WILL OPERATE ERROR FREE. THE FEATURES AND FUNCTIONALITY OF THE FOREGOINGLUMIN SOFTWARE MAY CHANGE AT ANY TIME, ST AND MAGIC LEAP DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES. THE LUMIN SOFTWARE IS NOT DESIGNED FOR RESTRICTED USE (AS DEFINED IN SECTION 2.2 ABOVE) AND MAGIC LEAP MAKES NO REPRESENTATION WARRANTIES FOR SUCH USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY THAT (I) THE USE AND DISTRIBUTION MAY LAST OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT MAGIC LEAP’S LIABILITY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY EXTENT SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES LIMITATIONS ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT FOR THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST EXPRESS LIMITED WARRANTY SET FORTH ABOVE, CENTRALSQUARE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO THE SOLUTIONS, PROFESSIONAL SERVICES, SUPPORT SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, INCLUDING BUT NOT LIMITED TOALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. SPECIFICALLYFURTHER, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGCENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A SOLUTION, ST MAKES NO REPRESENTATION ANY CUSTOM MODIFICATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF ANY IMPROVEMENTS WILL BE UNINTERRUPTED USABLE BY CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, AND WILL OPERATE WITHOUT INTERRUPTION OR (II) WILL BE COMPATIBLE WITH ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND HARDWARE OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT SOFTWARE TO THE ACQUISITION EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF LICENSES OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYANY AGREEMENT OR ANY CONDITIONS, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY LIMITATIONS, OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRESTRICTIONS THEREOF.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “"AS IS”". ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S 'S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO HEREUNDER, AND THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY OF THE COMPANIES SERVICES. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION THE COMPANY FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR WARRANTY IMPLIED THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND COMPANY'S TRADING PLATFORMS DO NOT INFRINGE OR PARTS THEREOF WILL BE UNINTERRUPTED OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT PROPRIETARY RIGHT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSIN ANY JURISDICTION. IT THE IB UNDERSTANDS AND AGREES THAT THE PLATFORMS MAY NOT SATISFY ALL OF THE LEADS' REQUIREMENTS AND MAY NOT BE UNINTERRUPTED OR ERROR-FREE. THE IB UNDERSTANDS AND AGREES THAT THE COMPANY'S SERVICES ARE BASED ON INTERNET AND COMMUNICATION NETWORKS AND RELIES PARTLY ON THIRD PARTIES SERVICES, WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY, THERE THE COMPANY'S SERVICES MAY NOT BE FREE OF MALFUNCTIONS AND THE COMPANY SHALLL NOT BE LIABLE IN ANY WAY IN SUCH EVENTS. 8. LIMITATION OF LIABILITY THE COMPANY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY HAVE NO LIABILITY WITH RESPECT TO THE ACQUISITION SERVICES PROVIDED BY THE COMPANY AND THE TRADING PLATFORMS OR ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED OF LICENSES THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE COMPANY LIABILITY TO THE IB UNDER PATENTS FOR ANY REASON WILL BE LIMITED TO THE AMOUNTS PAID TO IB BY THE COMPANY DURING THE THREE (3) MONTH PERIOD CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT; BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTORTS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. EXCHANGE GIVES NO WARRANTIES OF LICENSES ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO EXCHANGE AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY. 15. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT: (i) EXCHANGE IS NOT DIRECTLY OR INDIRECTLY A PARTY TO OR A PARTICIPANT IN ANY TRADE OR TRANSACTION ENTERED INTO OR OTHERWISE CONDUCTED THROUGH EXCHANGE; AND (ii) EXCHANGE IS NOT LIABLE IN ANY MANNER TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER PATENTS AND SUCH TRADE OR TRANSACTION. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, NEITHER EXCHANGE, NOR ANY OF ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER INTELLECTUAL PROPERTY RIGHTS CLAIMS, ARISING OUT OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH EXCHANGE OR ITS USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSLOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF EXCHANGE TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARANCE AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY THE USER THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NOTWITHSTANDING THE FOREGOING, EXCHANGE MAY BE LIABLE TO USER TO THE EXTENT SUCH LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY ARISES BASED ON THE EXCHANGE RULE CURRENTLY NUMBERED 11.16 (LIMITATION OF LIABILITY), AS SUCH RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE-NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND USES THE SAME AT ITS OWN RISK. VYVE EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE, AND VYVE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS MASTER AGREEMENT, THE SERVICE, VYVE EQUIPMENT AND VYVE MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NON- INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY VYVE, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. VYVE DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY OF THE FOREGOINGSERVICE WILL MEET CUSTOMER’S REQUIREMENTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED OR UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THIS MASTER AGREEMENT, VYVE DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY VYVE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR (II) TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR PARTS THEREOFANY END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, WHETHER INTEGRATED INTO OTHER EQUIPMENT MATERIAL OR NOTTRAFFIC DURING, ARE FREE FROM INFRINGEMENT OR THAT RESULTS FROM, CUSTOMER’S OR ANY END USERS’ USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR ANY END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT VYVE’S THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE MASTER AGREEMENT AND VYVE DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE PROVIDERS UNDER THIS MASTER AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ACQUISITION IMPLIED WARRANTIES OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYMERCHANTABILITY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER NON-INFRINGEMENT, FITNESS FOR ANY DEVELOPMENT CREATED BY A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWQUIET ENJOYMENT.

DISCLAIMER OF WARRANTY. By utilizing your My RewardsTM Debit Card, you expressly agree that use of the Program, including but not limited to use of a Financial Institution short-term loan service, if any is offered, is at your sole risk. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE, IS PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS. ST MAKES WE, FINANCIAL INSTITUTION, AND OUR LICENSORS AND VENDORS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR ANY INFORMATION OR CONSEQUENCES RESULTING FROM YOUR USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE. MOREOVER WE AND OUR LICENSORS AND VENDORS ARE NOT RESPONSIBLE FOR ANY TECHNICAL ISSUES EXPERIENCED BY YOU. WE AND OUR LICENSORS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE, INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION WE AND OUR LICENSORS AND VENDORS DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR WARRANTY THAT (I) THE USE AND DISTRIBUTION FUNCTIONALITY OF THE LICENSED MATERIALS AND PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND TELECOMMUNICATION LINES OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCIRCUITS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT YOU HEREBY ASSUME ALL RISKS RELATING TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWFOREGOING.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE Supplier licenses the Supplier Software to Licensee on an "AS IS" basis. SUPPLIER SOFTWARE PROVIDED ON AN “AS IS”. ST MAKES NO REPRESENTATIONS ” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES, OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OR TRADE OR COURSE OF DEALING REGARDING THE SUPPLIER SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH LICENSEE PROGRAMS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE FOREGOINGPROGRAM IS ASSUMED BY YOU. NEITHER WE NOR OUR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, ST MAKES NO REPRESENTATION INCIDENTAL, SPECIAL OR WARRANTY THAT (I) THE USE AND DISTRIBUTION CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE LICENSED MATERIALS AND POSSIBILITY OF SUCH DAMAGES OR PARTS THEREOF WILL BE UNINTERRUPTED THEY ARE FORESEEABLE; OR ERROR FREEFOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND OR (II) ANY USE AND DISTRIBUTION THAT OF OUR SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE NUMBER OF LICENSES GRANTED BY US FOR THE PROGRAM, REGARDLESS OF THE LICENSED MATERIALS AND NUMBER AND/OR PARTS THEREOFTYPE OF CLAIMS MADE OR DAMAGES INCURRED. Good data processing procedure dictates that any program be thoroughly tested with non- critical data before relying on it. The Licensee, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTits employees, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSagents, or distributors have any right to make any other representation, warranty or promise with respect to the Supplier Software. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESLimitation of Liability In no event shall Supplier be liable for special, incidental or consequential damages arising from the use, sale or distribution of Supplier Software by Licensee or any third party, whether under theory of contract, tort (including negligence), product liability or otherwise. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWIn no event shall Supplier's liability under this Agreement exceed the amount of $500.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL PARTS THEREOF ARE SOFTWARE PROVIDED “BY ZEBRA IS PROVIDED "AS IS”. ST MAKES NO REPRESENTATIONS OR " AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND FROM ZEBRA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING ZEBRA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SPECIFICALLY, WITHOUT LIMITING ZEBRA DOES NOT WARRANT THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS XXXX INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED "AS IS" AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH EMULATION LIBRARIES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR (II) ANY USE AND DISTRIBUTION LIMITATIONS OF IMPLIED WARRANTIES, SO THE LICENSED MATERIALS AND ABOVE EXCLUSIONS OR PARTS THEREOFLIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER INTEGRATED INTO OTHER EQUIPMENT ORAL OR NOTWRITTEN, ARE FREE OBTAINED BY YOU FROM INFRINGEMENT ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY ZEBRA OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSORT FROM ZEBRA.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SERVICES AND ANY AND ALL PARTS THEREOF THE EXCHANGE SYSTEMS ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SERVICES OR THE EXCHANGE SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO MEMBER AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE SERVICES PROVIDED BY THE EXCHANGE OR THE EXCHANGE SYSTEMS WILL MEET MEMBER’S REQUIREMENTS, BE ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF LICENSES UNDER PATENTS ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE SERVICES OR THE EXCHANGE SYSTEMS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER SHALL NOT BE HELD LIABLE TO OR THROUGH MEMBER OR OTHERWISE FOR ANY DEVELOPMENT CREATED USE OR ABUSE WHATSOEVER OF THE SERVICES OR THE EXCHANGE SYSTEMS BY ANY PERSON HAVING ACCESS TO THE SERVICES OR FOR YOU AND BY THE EXCHANGE SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST ANY TRANSACTIONS OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO OTHERWISE ACT LAWFULLY.

DISCLAIMER OF WARRANTY. TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL PUBLISHER’S APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, PUBLISHER, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. SPECIFICALLYWITHOUT LIMITATION, WITHOUT LIMITING PUBLISHER MAKES NO WARRANTY THAT THE GENERALITY PUBLISHER’S APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOINGPUBLISHER PRODUCTS WILL BE ACCURATE OR RELIABLE, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION QUALITY OF THE LICENSED MATERIALS AND PUBLISHER’S APPS WILL MEET YOUR EXPECTATIONS. PUBLISHER ASSUMES NO LIABILITY OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREERESPONSIBILITY FOR ANY PROPERTY DAMAGE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PUBLISHER’S APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PUBLISHER’S APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE YOUR SOLE RESPONSIBILITY TRANSMITTED TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE OR THROUGH PUBLISHER’S APPS BY ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ; OR ANY WARRANTY AND LIABILITY WHATSOEVER ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY DEVELOPMENT CREATED LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PUBLISHER’S APPS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PUBLISHER’S APPS REMAINS SOLELY WITH YOU. PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY OR FOR THIRD PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AND BY OR FOR YOUR CUSTOMERSINSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWDISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THE LICENSOR PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR AND ITS SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTY THAT THE LICENSED MATERIALS AND LICENSOR PRODUCTS OR DOCUMENTATION ARE ERROR-FREE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (2) ANY AND ALL PARTS THEREOF ARE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND (3) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CUSTOMER ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE LICENSOR PRODUCTS PROVIDED “AS IS”HEREUNDER TO ACHIEVE Customer's INTENDED RESULTS. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDALL TRIAL VERSIONS, INCLUDING BUT NOT LIMITED TOTO FREE, IMPLIED TRIAL, BETA, OR NON-COMMERCIAL VERSIONS OF THE SOFTWARE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEANY KIND, MAINTENANCE OR INDEMNITY OBLIGATION ON THE PART OF LICENSOR. SPECIFICALLYIf a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGlimitations on how long an implied warranty may last, ST MAKES NO REPRESENTATION OR WARRANTY THAT or the exclusion or limitation of incidental, consequential, or special damages: (IA) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR each warranty which cannot be excluded is limited in time to sixty (II60) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWdays from the effective date of this Agreement; and (B) Licensor's total liability to Customer for breach of all such warranties are limited to the amount stated in Section 12 (Limitation of Liability).

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY THE EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF LICENSES UNDER PATENTS ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE EXCHANGE AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY THIRD PARTYPARTY VENDOR ACTIONS OR OMISSIONS RELATING TO USER’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY DATA AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED CLAIMS ARISING OUT OF OR RELATING TO THE DESTRUCTION, LOSS, ALTERATION OR UNAUTHORIZED DISCLOSURE OF USER’S DATA BY SUCH THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, DAMAGES, OTHER MONETARY RELIEF, COSTS AND REASONABLE FEES IN CONNECTION THEREWITH, AND FOR ANY USE OR FOR YOU AND ABUSE WHATSOEVER OF THE EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO THE EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST ANY TRANSACTIONS OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO OTHERWISE ACT LAWFULLY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5 .1 , THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED PRODUCT IS LICENSED ON AN “AS IS”” BASIS AND THE NPSS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LICENSED PRODUCT, OR OTHER ACCOMPANYING MATERIAL OR SERVICE, IF ANY, INCLUDING ANY ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) AND SwRI SPECIFICALLY DISCLAIMS (AND END USER WAIVES) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY SwRI ON THE PRODUCT UNDER USE OR WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. ST SwRI DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE LICENSED PRODUCT WILL BE UNINT ERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO END USER’S DATA, COMPUTERS, OR NETWORKS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SwRI, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SwRI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO REGARDING THE SUPPORT FOR THE LICENSED MATERIALS PRODUCT AND THE PARTIES AGREE THAT THE NPSS LICENSORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR PARTS THEREOF WHETHER EXPRESS DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR IMPLIEDINCIDENTAL DAMAGES, (INCLUDING BUT NOT LIMITED TODAMAGES FOR LOSS OF BUSINESS PROFITS, IMPLIED WARRANTIES BUSINESS INTERRUPTION, LOSS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYDATA, WITHOUT LIMITING THE GENERALITY LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE FOREGOING, ST MAKES NO REPRESENTATION USE OR WARRANTY THAT (I) INABILITY TO USE SUCH PRODUCT EVEN IF THE USE AND DISTRIBUTION NPSS LICENSORS HAS BEEN ADVISED OF THE LICENSED MATERIALS POSSIBILITY OF SUCH DAMAGES. SwRI AND THE NPSS LICENSORS SHALL NOT BE HELD LIABLE OR PARTS THEREOF WILL BE UNINTERRUPTED RESPONSIBLE IN ANY WAY FOR SwRI’S ACTIONS OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OMISSIONS IN PROVIDING SUCH SUPPORT. THESE DISCLAIMERS OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT WARRANTY CONSTITUTE AN ESSENTIAL PART OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWAGREEMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SERVICES AND ANY AND ALL PARTS THEREOF THE EXCHANGE SYSTEMS ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOINGDEALING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SERVICES OR THE EXCHANGE SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO MEMBER, AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE SERVICES PROVIDED BY THE EXCHANGE OR THE EXCHANGE SYSTEMS WILL MEET MEMBER’S REQUIREMENTS, BE ERROR-FREE, OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF LICENSES UNDER PATENTS ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE SERVICES OR THE EXCHANGE SYSTEMS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER SHALL NOT BE HELD LIABLE TO OR THROUGH MEMBER OR OTHERWISE FOR ANY DEVELOPMENT CREATED USE OR ABUSE WHATSOEVER OF THE SERVICES OR THE EXCHANGE SYSTEMS BY ANY PERSON HAVING ACCESS TO THE SERVICES OR FOR YOU AND BY THE EXCHANGE SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST ANY TRANSACTIONS OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO OTHERWISE ACT LAWFULLY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND THE INTERNET AND ACCESSES THE SAME AT ITS OWN RISK. TWC EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE OR THE INTERNET OR ACTIONS TAKEN ON THE INTERNET AND TWC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SERVICE AND RELATED EQUIPMENT AND/OR OTHER MATERIALS AND ANY AND ALL PARTS THEREOF USED IN CONNECTION WITH THE SERVICE, IF ANY, ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY TWC, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. TWC DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF CUSTOMER WILL BE UNINTERRUPTED SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR ERROR FREELOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TWC’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND TWC DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR (II) ANY USE AND DISTRIBUTION IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF THE LICENSED MATERIALS AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWQUIET ENJOYMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ROUTING SERVICES ARE PROVIDED “AS AS-IS”” AND WITHOUT WARRANTY OF ANY KIND. ST MAKES NO REPRESENTATIONS OR WARRANTIES ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF ROUTING SERVICE, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING OR STATUTORY, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY BATS TRADING, EXCHANGE OR ITS OR THEIR AGENTS, AFFILIATES, LICENSORS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TOTO ANY WARRANTY OF SATISFACTORY QUALITY, ACCURACY, UNINTERRUPTED USE, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF MERCHANTABILITY DEALING OR COURSE OF PERFORMANCE) ARE HEREBY OVERRIDDEN, EXCLUDED AND FITNESS DISCLAIMED. 11. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY BATS TRADING OR A PARTICULAR PURPOSECLAIM ARISING OUT OF BATS TRADING’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT BATS TRADING IS NOT LIABLE UNDER THIS ROUTING AGREEMENT TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER SUCH TRADE OR TRANSACTION. SPECIFICALLYABSENT FRAUD OR WILLFUL MISCONDUCT BY BATS TRADING OR A CLAIM ARISING OUT OF BATS TRADING’S INDEMNIFICATION OBLIGATION, WITHOUT LIMITING NEITHER BATS TRADING, OR ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER CLAIMS, ARISING OUT OF THE GENERALITY ROUTING SERVICE OR ITS USE. ANY LOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF BATS TRADING TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARANCE AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY USER OR THE MEMBER SPONSORING USER, THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. NOTWITHSTANDING THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION BATS TRADING AS A FACILITY OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL EXCHANGE MAY BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY LIABLE TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT USER TO THE ACQUISITION EXTENT SUCH LIABILITY ARISES BASED ON THE EXCHANGE RULE CURRENTLY NUMBERED 11.16 (LIMITATION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYLIABILITY), ST DISCLAIMS ANY LIABILITY IN CASE ANY AS SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE- NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS USE OF THE PRODUCTS AND ANY SERVICES IS AT YOUR SOLE RISK AND ALL PARTS THEREOF THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESIDES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES ARE PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR " AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PRO-ED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS PRODUCTS AND SERVICES, EITHER EXPRESS, IMPLIED OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY PRO-ED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FOREGOINGPRODUCTS, ST MAKES NO REPRESENTATION THAT THE FUNCTIONS CONTAINED IN, OR WARRANTY THAT (I) SERVICES PERFORMED OR PROVIDED BY, THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF PRODUCTS WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS AND SERVICES WILL BE CORRECTED. NO ORAL OR (II) ANY USE AND DISTRIBUTION WRITTEN INFORMATION OR ADVICE GIVEN BY PRO-ED OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCTS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE LICENSED MATERIALS AND EXCLUSION OF IMPLIED WARRANTIES OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF THIRD PARTIES. CONSEQUENTLYA CONSUMER, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE SO THE ABOVE EXCLUSION AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OR PROHIBITED BY APPLICABLE LAW, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE GAF PROPERTY IS PROVIDED “AS IS”” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO YOUR USE, AND THE PERFORMANCE, OF THEM IS WITH YOU. ST MAKES SHOULD THE GAF PROPERTY PROVE DEFECTIVE, NO REPRESENTATIONS GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR THEIR SERVICING AND/OR REPAIR. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER GAF PROPERTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLYTHE GAF PARTIES DO NOT WARRANT THAT THE GAF PROPERTY WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, WITHOUT LIMITING THE GENERALITY THAT THEIR OPERATION OR YOUR USE OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF THEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN THEM CAN OR WILL BE CORRECTED, OR THAT DATA AND CONTENT PRESENTED BY THEM, OR (II) OTHERWISE DERIVED FROM YOUR USE OF THEM, OR CONTAINED OR MADE AVAILABLE WITHIN THEM WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DECISIONS YOU MAKE BASED ON YOUR ACCESS TO, RECEIPT OF, AND USE AND DISTRIBUTION OF THE LICENSED MATERIALS GAF PROPERTY, INCLUDING, WITHOUT, LIMITATION, YOUR PARTICIPATION IN THE PROGRAM AND ANY INFORMATION OR PARTS THEREOFCONTENT YOU HAVE ACCESS TO OR RECEIVE IN CONNECTION THEREWITH. INFORMATION TRANSMITTED OVER THE INTERNET OR STORED ON SYSTEMS REACHABLE FROM THE INTERNET IS INHERENTLY INSECURE, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF AND THE GAF PARTIES DO NOT MAKE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WARRANTY WITH RESPECT TO THE ACQUISITION SECURITY OF LICENSES UNDER PATENTS THE GAF PROPERTY OR THE INFORMATION OR CONTENT TRANSMITTED TO OR BY THEM, WHETHER SUCH INFORMATION OR CONTENT IS TRANSMITTED TO YOUR MOBILE DEVICE OR NETWORK, OR OTHERWISE. THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OR USABILITY OF ANY SECURITY MEASURES FOR THE GAF PROPERTY OR THAT THEY WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER UNAUTHORIZED ACCESS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS NO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CASE CONNECTION WITH ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSUNAUTHORIZED ACCESS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY LOSS CAUSED BY, ARISING DIRECTLY OR FOR YOU AND BY INDIRECTLY OUT OF, OR FOR RESULTING TO YOUR CUSTOMERSMOBILE DEVICE OR NETWORK. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE RIGHTS CONTAINED IN THIS LLA AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO PROVIDE YOU WITH ACCESS TO AND USE OF THE GAF PROPERTY (INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN THE PROGRAM).

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 16.5, 16.8 and 16.9, BAYLOR MAKES NO WARRANTIES OR REPRESENTATIONS, AND HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, RELATED TO THIS AGREEMENT AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS PERFORMANCE OR ACTIVITY HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS OR MERCHANTABILITY OR WORKMANSHIP, REGARDING OR WITH RESPECT TO THE LICENSED MATERIALS TECHNOLOGY, PATENT RIGHTS OR LICENSED PRODUCTS AND BAYLOR MAKES NO WARRANTIES OR PARTS THEREOF WHETHER REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION PATENTABILITY OF THE LICENSED MATERIALS AND TECHNOLOGY, LICENSED PRODUCTS, PATENT RIGHTS OR PARTS THEREOF WILL BE UNINTERRUPTED LICENSED PRODUCTS OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE ENFORCEABILITY OF ANY PATENTS ISSUING THEREUPON, IF ANY, OR THAT THE LICENSED MATERIALS AND TECHNOLOGY, PATENT RIGHTS OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT LICENSED PRODUCTS ARE OR NOT, ARE SHALL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYNOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ST DISCLAIMS ESTOPPEL OR OTHERWISE ANY LIABILITY IN CASE LICENSE OR RIGHTS UNDER ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES PATENTS OF BAYLOR OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES PATENT RIGHTS, REGARDLESS OF WHETHER SUCH PATENTS ARE MADE BY ST DOMINANT OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSUBORDINATE TO THE PATENT RIGHTS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES GAF PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO LSG, LSG LEADS, LSG DATA, GOOGLE, OR THE LICENSED MATERIALS INTEGRATOR. THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO LSG, LSG LEADS, LSG DATA, GOOGLE AND OR PARTS THEREOF WHETHER THE INTEGRATOR, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLYTHE GAF PARTIES DO NOT WARRANT THAT LSG, WITHOUT LIMITING LSG LEADS, OR THE GENERALITY OF SERVICES PROVIDED BY GOOGLE OR THE FOREGOINGINTEGRATOR WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, ST MAKES NO REPRESENTATION THAT ERRORS IN LSG OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND LSG LEADS CAN OR PARTS THEREOF WILL BE UNINTERRUPTED CORRECTED, OR ERROR FREETHAT LSG LEADS, OR INFORMATION OTHERWISE DERIVED FROM YOUR USE OF LSG LEADS, WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON YOUR USE OF LSG, LSG LEADS AND OTHER LSG DATA. INFORMATION TRANSMITTED OVER, AND OR (II) STORED IN SYSTEMS CONNECTED TO, THE INTERNET IS INHERENTLY INSECURE, AND THE GAF PARTIES DO NOT MAKE ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WARRANTY WITH RESPECT TO THE ACQUISITION SECURITY OF LICENSES UNDER PATENTS THE INFORMATION YOU PROVIDE TO US, GOOGLE, OR THE INTEGRATOR IN CONNECTION WITH THIS AGREEMENT. THE GAF PARTIES DO NOT MAKE ANY WARRANTY THAT OUR SYSTEMS OR THE SYSTEMS OF GOOGLE OR THE INTEGRATOR WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER UNAUTHORIZED ACCESS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESNO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY SUCH UNAUTHORIZED ACCESS. CONSEQUENTLYNO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY FOR ANY LOSS CAUSED BY, ST DISCLAIMS ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RESULTING TO YOUR MOBILE DEVICE OR NETWORK. WITHOUT LIMITING THE FOREGOING, NO GAF PARTY WILL HAVE ANY LIABILITY TO YOU IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY RELATION TO LSG, LSG LEADS, GOOGLE, OR FOR YOU AND BY OR FOR YOUR CUSTOMERSTHE INTEGRATOR. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE RIGHTS CONTAINED IN THIS LLA AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO FACILITATE YOUR PARTICIPATION IN LSG.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “AS IS”” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER AUTHOR EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGMENT. SPECIFICALLYTHE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE AND ITS FUNCTIONALITY, WITHOUT LIMITING RELIABILITY AND PERFORMANCE WILL MEET YOUR REQUIREMENTS OR THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. YOU UNDERSTAND THAT THE SOFTWARE MAY PRODUCE INACCURATE OR (II) INCOMPLETE RESULTS BECAUSE OF ERRORS WITHIN THE SOFTWARE OR FAILURES BY YOU TO PROPERLY USE THE SOFTWARE. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS SOFTWARE AND BEAR THE ENTIRE RISK FOR SUCH ERROR AND FAILURES. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR PARTS THEREOFCONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, WHETHER INTEGRATED INTO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER EQUIPMENT PECUNIARY OR NOTOTHER LOSS WHATSOEVER ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, ARE FREE FROM INFRINGEMENT EVEN IF ADVISED OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE POSSIBILITY OF SUCH DAMAGES. IT REGARDLESS OF THE FORM OF ACTION, THE AUTHOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED MAXIMUM EXTENT ALLOWED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY SERVICE OF WRITECALIBER WEBSITE AND ALL PARTS THEREOF MATERIALS CONTAINED THEREIN ARE PROVIDED “ON AN ‘AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, OR NON-INFRINGEMENT OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN YOUR JURISDICTION. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE OR ANY OF THE FOREGOING, ST MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS WEBSITE OR THE EMPLOYEES OR AFFILIATES OF THIS WEBSITE SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF THE OWNERS OF THIS WEBSITE. THIS WEBSITE MAKES NO REPRESENTATION REPRESENTATIONS OR WARRANTY WARRANTIES WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS WEBSITE. WHEN YOU ACCESS THROUGH THIS WEBSITE TO ANOTHER WEBSITE, PLEASE BE AWARE THAT (I) IT IS COMPLETELY INDEPENDENT; THIS WEBSITE HAS NO CONTROL OVER THE USE AND DISTRIBUTION CONTENT ON THAT OTHER WEBSITE. THIS WEBSITE IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION PROBLEMS OF THE LICENSED MATERIALS AND DOWNLOADED OR PARTS THEREOF OTHERWISE USED CONTENT OF THIS WEBSITE OR ANY FORM OF WEBSITE DOWNTIME. THIS WEBSITE DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ERROR-FREE OR THAT DEFECTS IN OR ON THIS WEBSITE WILL BE CORRECTED. YOU ALSO ACKNOWLEDGE AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL AGREE THAT YOU WILL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER SOLELY RESPONSIBLE FOR ANY DEVELOPMENT CREATED BY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA WHICH YOU AND BY MAY FIND IN OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWWEBSITE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MATERIALS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY AND ALL PARTS THEREOF HARDWARE ARE PROVIDED BY RED HAT “AS IS”. ST MAKES NO REPRESENTATIONS ” AND WITHOUT WARRANTIES OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDCONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE GENERALITY USE OF THE FOREGOINGSERVICES, ST MAKES NO REPRESENTATION SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. ALL STATUTORY OR IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIABILITY UNDER ANY CONDITION OR WARRANTY THAT WHICH CANNOT LEGALLY BE EXCLUDED IS LIMITED, IN THE DISCRETION OF RED HAT, TO: (IA) IN THE USE AND DISTRIBUTION CASE OF GOODS, THE REPLACEMENT OF THE LICENSED MATERIALS AND GOODS OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREETHE SUPPLY OF EQUIVALENT GOODS, AND OR (II) ANY USE AND DISTRIBUTION THE REPAIR OF THE LICENSED MATERIALS GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF SERVICES, SUPPLYING THE SERVICES AGAIN, OR PARTS THEREOFPAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. Without limiting the generality of the foregoing disclaimer, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTthe Software, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSServices and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWClient agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS LICENSE, INCLUDING THIS SECTION 7, WILL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP PROVIDES THE LUMIN SOFTWARE ON AN “AS IS”. ST MAKES NO ” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS OF ANY KIND. MAGIC LEAP AND OR PARTS THEREOF ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGIC LEAP, WITHOUT LIMITING ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL NOT INCREASE THE GENERALITY SCOPE OF THIS WARRANTY. MAGIC LEAP DOES NOT WARRANT THAT THE LUMIN SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL ACHIEVE PARTICULAR RESULTS OR WILL OPERATE ERROR FREE. THE FEATURES AND FUNCTIONALITY OF THE FOREGOINGLUMIN SOFTWARE MAY CHANGE AT ANY TIME, ST AND MAGIC LEAP DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES. THE LUMIN SOFTWARE IS NOT DESIGNED FOR RESTRICTED USE (AS DEFINED IN SECTION 2.2 ABOVE) AND MAGIC LEAP MAKES NO REPRESENTATION WARRANTIES FOR SUCH USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY THAT (I) THE USE AND DISTRIBUTION MAY LAST OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT MAGIC LEAP’S LIABILITY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY EXTENT SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES LIMITATIONS ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, INCLUDING BUT NOT LIMITED TOREPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. SPECIFICALLY, WITHOUT LIMITING TO THE GENERALITY EXTENT THAT ANY OF THE FOREGOINGSAME CANNOT BE EXCLUDED, ST MAKES NO SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE “LIMITED WARRANTY” SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. DISCLAIMER OF LIABILITIES – LIMITATION OF LIABILITY. IF YOU ACQUIRED THE SOFTWARE IN THE UNITED STATES, LATIN AMERICA, CANADA, JAPAN OR THE CARIBBEAN, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). IF YOU ACQUIRED THE SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO CISCO FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). NOTHING IN THE AGREEMENT SHALL LIMIT (I) THE USE LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND DISTRIBUTION OF THE LICENSED MATERIALS AND LICENSORS TO CUSTOMER FOR PERSONAL INJURY OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEDEATH CAUSED BY THEIR NEGLIGENCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND CISCO’S LIABILITY FOR FRAUDULENT MISREPRESENTATION, OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS (III) ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY OF CISCO WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE LICENSEE ACKNOWLEDGES THAT THE LICENSED MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY UPDATES) AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND AND/OR PARTS THEREOF THEREOF, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND AND/OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND AND/OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR LICENSEE’S SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS AND ITS AFFILIATES DISCLAIM ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE OF LICENSED MATERIALS PERMITTED UNDER THIS AGREEMENT INFRINGES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST AND ITS AFFILIATES HEREBY DISCLAIMS DISCLAIM ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY LICENSEE OR FOR YOUR LICENSEE’S CUSTOMERS. YOU ACKNOWLEDGE LICENSEE REPRESENTS THAT YOU HAVE LICENSEE HAS RELIED ON NO REPRESENTATIONS OR WARRANTIES OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES EXPRESSLY STATED IN THIS LLA AGREEMENT AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES ARE MADE BY ST OR ITS AFFILIATES OR GRANTED BY LAW WHENEVER IT IS OPERATION OF LAW, TO THE GREATEST EXTENT PERMITTED BY LAW. THIS ARTICLE 5 SETS FORTH ESSENTIAL CONDITIONS OF THE PARTIES’ DECISION TO ENTER INTO THIS AGREEMENT, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF PRODUCTS ARE PROVIDED “WITH ALL Licensing Agreement, FAULTS ON AN "AS IS”" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, WITHOUT LIMITING REPOSYSTEMS AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT THAT THE GENERALITY FUNCTIONALITY OF THE FOREGOINGPRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE PRODUCTS WILL BE CORRECTED, ST MAKES NOR DO THEY WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO REPRESENTATION ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REPOSYSTEMS OR AN REPOSYSTEMS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT (I) THE USE CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. REPOSYSTEMS AND DISTRIBUTION OF THE LICENSED MATERIALS ITS LICENSORS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE ACQUISITION PRODUCTS. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH THE PRODUCTS YOU CHOOSE TO USE AND DISTRIBUTION INFRINGE YOU ASSUME THE ENTIRE COST OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSSERVICE AND REPAIR. FURTHERMORE ST HEREBY DISCLAIMS ANY THIS DISCLAIMER OF WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSCONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN USE OF THE EXPRESS WARRANTIES IN PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWDISCLAIMER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED You expressly acknowledge and agree that use of AVImark is at your sole risk. AVImark and related documentation are provided “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” and without warranty of any kind, and HSVS and HSVS’s Licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED THE IMPLED WARRANTIES OF MERCHANTABILITY OR MERCHATABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYHSVS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN AVImark WILL MEET YOUR REQUIREMENTS, WITHOUT LIMITING OR THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF AVImark WILL BE UNINTERRUPTED OR ERROR FREEFREE FURTHERMORE, AND HSVS DOES NOT WARRANT OR (II) MAKE ANY REPRESENTATIONS REGARDING THE USE AND DISTRIBUTION OR THE RESULTS OF THE LICENSED MATERIALS AND USE OF AVImark OR PARTS THEREOFRELATED DOCUMENTATION IN TERMS OF THEIR CORRECTIONS, WHETHER INTEGRATED INTO OTHER EQUIPMENT ACCURACY, RELIABILITY, OR NOTOTHERWISE NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HSVS OR AN AUTHORIZED REPRESETNATIVE OF HSVS SHALL CREATE A WARRANTY. Some jurisdictions do not allow the exclusion of implied warranties, ARE FREE FROM INFRINGEMENT so the above exclusion may not apply to you. LIMITATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HSVS BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER LIABLE FOR ANY DEVELOPMENT CREATED BY DIRECT OR FOR YOU AND BY INDIRECT, INCIDENTAL, SPECIAL OR FOR YOUR CUSTOMERSCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE, OR INABILITY TO USE AVImark OR RLEATED DOCUMENTATION, EVEN IF HSVS OR AN AUTHORIZED REPRESETNATIVE OF HSVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSome jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SOFTWARE AND SERVICE AND ANY AND ALL PARTS THEREOF THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. ST MAKES NO REPRESENTATIONS SYMANTEC AND ITS LICENSORS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING ACCURACY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE REGARDING THE GENERALITY SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE FOREGOINGSERVICE, ST MAKES NO REPRESENTATION INCLUDING THOSE ARISING FROM COURSE OF DEALING OR WARRANTY COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SERVICE OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND OR (II) ANY USE IS USED AT YOUR OWN RISK. SYMANTEC AND DISTRIBUTION OF ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSSERVICE. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS EXTENT THAT ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES LIMITATION IN THIS LLA AND THAT NO WARRANTIES ARE MADE SECTION IS NOT PERMITTED BY ST OR GRANTED BY LAW WHENEVER APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS PERMITTED BARRED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND AND/OR PARTS THEREOF THEREOF, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND AND/OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND AND/OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS AND ITS AFFILIATES DISCLAIM ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE OF LICENSED MATERIALS PERMITTED UNDER THIS LLA INFRINGES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST AND ITS AFFILIATES HEREBY DISCLAIMS DISCLAIM ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR ITS AFFILIATES OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS LICENCE, INCLUDING THIS SECTION 7, WILL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE LICENSED MATERIALS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP PROVIDES THE LUMIN SOFTWARE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS OF ANY KIND. MAGIC LEAP AND OR PARTS THEREOF ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR WRITTEN, EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGIC LEAP, WITHOUT LIMITING ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL NOT INCREASE THE GENERALITY SCOPE OF THIS WARRANTY. MAGIC LEAP DOES NOT WARRANT THAT THE LUMIN SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL ACHIEVE PARTICULAR RESULTS OR WILL OPERATE ERROR FREE. THE FEATURES AND FUNCTIONALITY OF THE FOREGOINGLUMIN SOFTWARE MAY CHANGE AT ANY TIME, ST AND MAGIC LEAP DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES. THE LUMIN SOFTWARE IS NOT DESIGNED FOR RESTRICTED USE (AS DEFINED IN SECTION 2.2 ABOVE) AND MAGIC LEAP MAKES NO REPRESENTATION WARRANTIES FOR SUCH USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY THAT (I) THE USE AND DISTRIBUTION MAY LAST OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT MAGIC LEAP'S LIABILITY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY EXTENT THAT SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES LIMITATIONS ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE LICENSED MATERIALS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, REDCRITTER HEREBY DISCLAIMS ALL WARRANTIES AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDCONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TOALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED WARRANTIES OF MERCHANTABILITY AND OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING YOU EXPRRESSLY UNDERSTAND AND AGREE THAT THE GENERALITY SERVICES PROVIDED BY REDCRITTER UNDER THE TOU ARE PROVIDED ON AN “AS IS” BASIS. REDCRITTER DOES NOT AND CANNOT CONTROL PERFORMANCE OF REDCRITTER SERVICES BASED ON THE FLOW OF DATA TO OR FROM REDCRITTER’S NETWORK AND OTHER PORTIONS OF THE FOREGOINGINTERNET, ST MAKES NO REPRESENTATION WHICH DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF CONTROLLED BY THIRD PARTIES. CONSEQUENTLYAT TIMES, ST ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). REDCRITTER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, REDCRITTER DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. FOR YOUR CONVENIENCE, REDCRITTER MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN CASE ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. REDCRITTER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH USE TOOLS AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSUTILITIES. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.PLEASE RESPECT THE

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT FEDEX AND ITS REPRESENTATIVES ( AS DEFINED IN SECTION 8 BELOW) ARE NEITHER PROVIDING ANY SUPPLIES OR TOOLS NECESSARY TO USE THE LICENSED MATERIALS PRODUCT NOR CHARGING LICENSEE A FEE FOR USE OF THE PRODUCT OR FOR PROVIDING THE LIMITED SUPPORT SERVICES, IF ANY. THE PRODUCT AND ANY AND ALL PARTS THEREOF LIMITED SUPPORT SERVICES ARE PROVIDED “AS AS-IS”” WITHOUT REPRESENTATION OR WARRANTY OF KIND. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS EXTENT PERMITTED BY APPLICABLE LAW, FEDEX, AND OR PARTS THEREOF WHETHER EXPRESS ITS REPRESENTATIVES (AS DEFINED IN SECTION 8 BELOW), DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF NON-INFRINGEMENT OR QUIET ENJOYMENT. SPECIFICALLY, WITHOUT LIMITING FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE GENERALITY PRODUCT WILL MEET ANY OR ALL OF LICENSEE’S REQUIREMENTS OR THAT THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF PRODUCT’S OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREEFREE OR THAT ANY DEFECT WITHIN THE PRODUCT WILL BE CORRECTED. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE LIMITED SUPPORT SERVICES WILL MEET ANY OR ALL OF LICENSEE’S REQUIREMENTS OR THAT IT WILL CORRECT ANY DEFECT WITHIN THE PRODUCT. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE PRODUCT, LIMITED SUPPORT SERVICES OR ANY OTHER RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR (II) WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE PRODUCT. FURTHERMORE, FEDEX AND ITS REPRESENTATIVES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF LICENSEE’S INSTALLATION OR USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND PRODUCT OR PARTS THEREOFTHE LIMITED SUPPORT SERVICES IN TERMS OF CAPABILITY, WHETHER INTEGRATED INTO OTHER EQUIPMENT CORRECTNESS, ACCURACY, RELIABILITY OR NOTOTHERWISE. NO ORAL OR WRITTEN INFORMATION, ARE FREE FROM INFRINGEMENT REPRESENTATION OR ADVICE GIVEN BY FEDEX I ITS REPRESENTATIVES OR AN AUTHORIZED REPRESENTATIVE OF EITHER WILL CREATE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSWARRANTY. IT SHALL BE YOUR SOLE RESPONSIBILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESLICENSEE. CONSEQUENTLYIN THAT EVENT, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO IMPLIED WARRANTIES ARE MADE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF RECEIPT OF THE APPLICATION. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE AND IN SUCH EVENT, THE PERIOD OF SUCH WARRANTY WILL BE THE MINIMUM PERIOD ALLOWABLE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY APPLICABLE LAW. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE MAY HAVE OTHER RIGHTS AS WELL WHICH VARY FROM JURISDICTION TO JURISDICTION AND FROM COUNTRY/TERRITORY TO COUNTRY/TERRITORY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “10.1 The Customer acknowledges and agrees that use of the Software is at the Customer's sole risk. The Software is provided "AS IS”. ST MAKES NO REPRESENTATIONS " and without warranty of any kind and Bitplane and Bitplane's licensor(s) ("Bitplane’s Licensor") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER CONDITIONS, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLYTHE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, WITHOUT LIMITING OR THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR- FREE, AND OR (II) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE AND DISTRIBUTION OR THE RESULTS OF THE LICENSED MATERIALS AND USE OF THE SOFTWARE OR PARTS THEREOFRELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, WHETHER INTEGRATED INTO OTHER EQUIPMENT RELIABILITY, OR NOTOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SUPPLIER OR A SUPPLIER’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ARE FREE FROM INFRINGEMENT SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THIS DISCLAIMER DO NOT AFFECT OR PREDJUDICE THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY STATUTORY RIGHTS OF THIRD PARTIES. CONSEQUENTLYA CONSUMER ACQUIRING SUPPLIER PRODUCTS OTHERWISE THAN IN THE ORDINARY COURSE OF BUSINESS, ST DISCLAIMS NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED DEATH OR PERSONAL INJURY CAUSED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSUPPLIER'S NEGLIGENCE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. EXCHANGE GIVES NO WARRANTIES OF LICENSES ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO EXCHANGE AND SHALL NOT BE HELD LIABLE (UNLESS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT) TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY. 15. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT: (i) EXCHANGE IS NOT DIRECTLY OR INDIRECTLY A PARTY TO OR A PARTICIPANT IN ANY TRADE OR TRANSACTION ENTERED INTO OR OTHERWISE CONDUCTED THROUGH EXCHANGE; AND (ii) EXCHANGE IS NOT LIABLE IN ANY MANNER TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER PATENTS AND SUCH TRADE OR TRANSACTION. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, NEITHER EXCHANGE, NOR ANY OF ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER INTELLECTUAL PROPERTY RIGHTS CLAIMS, ARISING OUT OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH EXCHANGE OR ITS USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSLOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF EXCHANGE TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARANCE AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY THE USER THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NOTWITHSTANDING THE FOREGOING, EXCHANGE MAY BE LIABLE TO USER TO THE EXTENT SUCH LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY ARISES BASED ON THE EXCHANGE RULE CURRENTLY NUMBERED 11.14 (LIMITATION OF LIABILITY), AS SUCH RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE-NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE XXXXXXXXX.XXX SEAL IS PROVIDED ON AN “AS IS”. ST MAKES NO , “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT WARRANTIES. XXXXXXXXX.XXX DOES NOT REPRESENT OR WARRANT THAT THE SEAL WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. XXXXXXXXX.XXX DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE LICENSED MATERIALS RESULTS THAT MAY BE OBTAINED FROM YOUR USE OR YOUR CUSTOMER’S USE OF THE SEAL OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION THEREOF. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SEAL DOES NOT IN ANY WAY, SHAPE OR PARTS THEREOF FORM GUARANTY THE SECURITY OR RELIABILITY OF YOUR WEBSITE. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SEAL BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. XXXXXXXXX.XXX SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGNON-INFRINGEMENT, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY TITLE WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSSEAL. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT YOU HAVE RELIED ON XXXXXXXXX.XXX SHALL BEAR NO WARRANTIES OTHER THAN RISK WITH RESPECT TO YOUR SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST SECURITY OF YOUR WEBSITE, CREDIT CARD FRAUD OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWCHARGEBACKS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. EXCHANGE GIVES NO WARRANTIES OF LICENSES ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO EXCHANGE AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY. 15. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT: (i) EXCHANGE IS NOT DIRECTLY OR INDIRECTLY A PARTY TO OR A PARTICIPANT IN ANY TRADE OR TRANSACTION ENTERED INTO OR OTHERWISE CONDUCTED THROUGH EXCHANGE; AND (ii) EXCHANGE IS NOT LIABLE IN ANY MANNER TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER PATENTS AND SUCH TRADE OR TRANSACTION. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, NEITHER EXCHANGE, NOR ANY OF ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER INTELLECTUAL PROPERTY RIGHTS CLAIMS, ARISING OUT OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH EXCHANGE OR ITS USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSLOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF EXCHANGE TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARANCE AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY THE USER THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NOTWITHSTANDING THE FOREGOING, EXCHANGE MAY BE LIABLE TO USER TO THE EXTENT SUCH LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY ARISES BASED ON THE EXCHANGE RULE CURRENTLY NUMBERED 11.14 (LIMITATION OF LIABILITY), AS SUCH RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE-NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYFURTHER, WITHOUT LIMITING LICENSOR SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE GENERALITY USE, OR THE RESULTS OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR PARTS THEREOF WILL BE UNINTERRUPTED OTHERWISE. NO ORAL OR ERROR FREEWRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR (II) ANY ADVICE. FURTHER, THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AND DISTRIBUTION OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED MATERIALS SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). LICENSOR AND ITS LICENSOR SPECIFICALLY DISCLAIM ANY EXPRESS OR PARTS THEREOFIMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. If a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTlimitations on how long an implied warranty may last, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYor the exclusion or limitation of incidental, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWconsequential, or special damages: (A) each warranty which cannot be excluded is limited in time to sixty (60) days from the date of Delivery; and (B) Licensor's total liability to Licensee for breach of all such warranties are limited to the amount stated in Section 14 (Limitation on Liability).

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTY OF ANY KIND AND THE NETWORK HEREBY DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED WITH RESPECT REGARD TO THE LICENSED MATERIALS SERVICES AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDTHESE TERMS INCLUDING ANY IMPLIED WARRANTY OF TITLE, INCLUDING BUT NOT LIMITED TONON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND OR QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY NETWORK DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NETWORK OR ELSEWHERE WILL CREATE ANY WARRANTY. PROVIDED THE NETWORK HAS PROPERLY INSTALLED, CONFIGURED, TESTED, SECURED, AND MAINTAINED THE SERVICES, THE NETWORK SHALL HAVE NO RESPONSIBILITY FOR OR LIABILITY WHATSOEVER FOR RELATED TO THE ACCURACY, CONTENT, CURRENCY, COMPLETENESS, OR DELIVERY OF ANY DEVELOPMENT CREATED MESSAGE CONTENT PROVIDED BY A TDSO TO THE SERVICES. THE NETWORK ASSUMES NO LIABILITY AND DOES NOT MAKE ANY WARRANTIES RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER USE OF ANY INFORMATION WHILE IT IS PERMITTED BY LAWTRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES. FOR PURPOSES OF THIS DISCLAIMER, ALL REFERENCES TO THE NETWORK WILL INCLUDE THE NETWORK’S SERVICE PROVIDERS, SUPPLIERS, AND VENDORS. Some states, territories and countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to Participant.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SERVICES AND ANY AND ALL PARTS THEREOF EXCHANGE SYSTEM ARE PROVIDED ON AN “AS IS”” AND “AS AVAILABLE” BASIS. ST NONE OF EXCHANGE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY PROVIDER MAKES NO REPRESENTATIONS ANY WARRANTY, EXPRESS OR WARRANTIES WITH RESPECT IMPLIED, AS TO UNINTERRUPTED AVAILABILITY, SECURITY, TIMELINESS, OR THE LICENSED MATERIALS ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION OR AS TO RESULTS TO BE ATTAINED BY MEMBER OR ANYONE ELSE FROM THE USE OF THE SERVICES OR EXCHANGE SYSTEM. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, EXCHANGE, ITS AFFILIATES AND ALL THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, CONDITIONS, GUARANTEES OR PARTS THEREOF REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING, OR THAT ARISE FROM STATUTE OR FROM A COURSE OF DEALING, USAGE OR TRADE INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION ANY WARRANTIES, IMPLIED WARRANTIES CONDITIONS, GUARANTEES OR REPRESENTATIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR MERCHANTABLE OR SATISFACTORY QUALITY, OR NON-INFRINGEMENT. SPECIFICALLYNONE OF EXCHANGE, WITHOUT LIMITING ITS AFFILIATES OR ANY THIRD PARTY PROVIDER SHALL HAVE ANY RESPONSIBILITY TO MAINTAIN THE GENERALITY SERVICES OR EXCHANGE SYSTEM OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES IN CONNECTION THEREWITH. NONE OF EXCHANGE, ITS AFFILIATES OR ANY THIRD PARTY PROVIDER IS SOLICITING ANY ACTION BASED UPON THE USE OF THE FOREGOING, ST MAKES NO REPRESENTATION SERVICES OR WARRANTY THAT (I) EXCHANGE SYSTEM. THE USE ENTIRE RISK AS TO THE QUALITY AND DISTRIBUTION PERFORMANCE OF THE LICENSED MATERIALS SERVICES AND OR PARTS THEREOF THE EXCHANGE SYSTEM ARE WITH THE MEMBER AND THERE IS NO GUARANTEE THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE MEMBER’S REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWOPERATE WITHOUT INTERRUPTION.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CLIENT ASSUMES FULL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND USES THE SAME AT ITS OWN RISK. ADVANTAGE EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND ADVANTAGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SERVICE, ADVANTAGE EQUIPMENT, EQUIPMENT, AND ADVANTAGE MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY ADVANTAGE, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. ADVANTAGE DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY OF THE FOREGOINGSERVICE WILL MEET CLIENT’S REQUIREMENTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED OR UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OR LOSS OF CONTENT, DATA OR INFORMATION AT ANY TIME. ADVANTAGE DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY ADVANTAGE WILL PERFORM AT A PARTICULAR SPEED. IN ADDITION, CLIENT ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS MAY NOT BE SECURE. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR (II) ANY TRAFFIC CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICE IS DONE AT CLIENT’S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER AN END USER’S COMPUTER SYSTEM OR EQUIPMENT OR NOTLOSS OF SUCH DATA, ARE FREE FROM INFRINGEMENT MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CLIENT’S OR ITS END USERS USE OF ANY THE SERVICE INCLUDING, BUT NOT LIMITED TO CLIENT’S OR END USER’S SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CLIENT ACKNOWLEDGES AND AGREES THAT ADVANTAGE’S THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CLIENT UNDER THIS AGREEMENT AND ADVANTAGE DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSERVICE PROVIDERS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND USES THE SAME AT ITS OWN RISK. VYVE EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE, AND VYVE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS MASTER AGREEMENT, THE SERVICE, VYVE EQUIPMENT AND VYVE MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY VYVE, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. VYVE DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY OF THE FOREGOINGSERVICE WILL MEET CUSTOMER’S REQUIREMENTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED OR UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THIS MASTER AGREEMENT, VYVE DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY VYVE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR (II) TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR PARTS THEREOFANY END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, WHETHER INTEGRATED INTO OTHER EQUIPMENT MATERIAL OR NOTTRAFFIC DURING, ARE FREE FROM INFRINGEMENT OR THAT RESULTS FROM, CUSTOMER’S OR ANY END USERS’ USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR ANY END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT VYVE’S THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE MASTER AGREEMENT AND VYVE DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE PROVIDERS UNDER THIS MASTER AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ACQUISITION IMPLIED WARRANTIES OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYMERCHANTABILITY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER NON-INFRINGEMENT, FITNESS FOR ANY DEVELOPMENT CREATED BY A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWQUIET ENJOYMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT GAF PROJECT AND THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF OTHER SERVICES ARE PROVIDED “AS IS”” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF GAF PROJECT AND THE OTHER SERVICES IS WITH YOU. ST MAKES SHOULD GAF PROJECT OR ANY OF THE OTHER SERVICES PROVE DEFECTIVE, NO REPRESENTATIONS GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE SERVICING AND/OR REPAIR OF YOUR MOBILE DEVICE, YOUR NETWORK, GAF PROJECT OR THE OTHER SERVICES. THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO GAF PROJECT AND THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OTHER SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLYTHE GAF PARTIES DO NOT WARRANT THAT GAF PROJECT OR THE OTHER SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, WITHOUT LIMITING THAT THE GENERALITY OPERATION OR USE OF GAF PROJECT OR THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF OTHER SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN GAF PROJECT OR THE OTHER SERVICES CAN OR WILL BE CORRECTED, THAT GAF PROJECT OR THE OTHER SERVICES WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE OR NETWORK, OR THAT DATA AND CONTENT PRESENTED BY GAF PROJECT OR (II) THE OTHER SERVICES, OR OTHERWISE DERIVED FROM YOUR USE OF GAF PROJECT OR THE OTHER SERVICES, OR CONTAINED OR MADE AVAILABLE WITHIN GAF PROJECT OR THE OTHER SERVICES, WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON YOUR USE OF GAF PROJECT AND DISTRIBUTION OF THE LICENSED MATERIALS OTHER SERVICES, INCLUDING, WITHOUT, LIMITATION, ANY DATA AND/OR CONTENT YOU HAVE ACCESS TO OR RECEIVE IN CONNECTION THEREWITH. INFORMATION TRANSMITTED OVER THE INTERNET OR STORED ON SYSTEMS REACHABLE FROM THE INTERNET IS INHERENTLY INSECURE, AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF THE GAF PARTIES DO NOT MAKE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WARRANTY WITH RESPECT TO THE ACQUISITION SECURITY OF LICENSES UNDER PATENTS GAF PROJECT OR THE OTHER SERVICES OR THE INFORMATION TRANSMITTED BY GAF PROJECT OR THE OTHER SERVICES, WHETHER SUCH INFORMATION IS TRANSMITTED TO YOUR MOBILE DEVICE OR NETWORK, OR OTHERWISE. THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OR USABILITY OF ANY SECURITY MEASURE OR THAT GAF PROJECT OR THE OTHER SERVICES WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER UNAUTHORIZED ACCESS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESNO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY SUCH UNAUTHORIZED ACCESS. CONSEQUENTLYNO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY FOR ANY LOSS CAUSED BY, ST DISCLAIMS ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RESULTING TO YOUR MOBILE DEVICE OR NETWORK. WITHOUT LIMITING THE FOREGOING, NO GAF PARTY WILL HAVE ANY LIABILITY TO YOU IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSRELATION TO THE OTHER SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE RIGHTS CONTAINED IN THIS LLA AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO PROVIDE YOU WITH ACCESS TO GAF PROJECT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE XLAUNCHPAD IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”. ST MAKES NO REPRESENTATIONS OR ) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOWITH RESPECT TO XLAUNCHPAD, IMPLIED ITS CONTENT, THE FEES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON- INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. SPECIFICALLYWE DO NOT WARRANT THAT (1) XLAUNCHPAD WILL OPERATE UNINTERRUPTEDLY, WITHOUT LIMITING ERROR- FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) XLAUNCHPAD WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE GENERALITY QUALITY OF XLAUNCHPAD AND THE FOREGOINGCONTENT AVAILABLE THROUGH IT, ST MAKES WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON XLAUNCHPAD WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF USING XLAUNCHPAD WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF XLAUNCHPAD, OR THE CONTENT PRESENTED ON, OR THROUGH, XLAUNCHPAD, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT (I) THE USE AND DISTRIBUTION OF XLAUNCHPAD IS ENTIRELY, OR AT THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED TO YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”” WITHOUT WARRANTY OF ANY KIND. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WDT, AND OR PARTS THEREOF WHETHER ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING AND NON-INFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSES, AND ANY WARRANTIES REGARDING THE GENERALITY SECURITY, RELIABILITY OR TIMELINESS OF THE FOREGOINGSOFTWARE. WDT DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE. WDT DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE CONTINUOUS OR UNINTERRUPTED AND WDT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, ST MAKES NO REPRESENTATION MATERIAL, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEM, OR NETWORK, INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF DATA. THE FOREGOING WARRANTY DISCLAIMER SHALL NOT MODIFY, CONSTRUE, OR AMEND THE APPLICABLE WARRANTY THAT (I) RELATES TO YOUR USE, IF APPLICABLE, OF WDT DEVICES. WDT DOES NOT MAKE ANY REPRESENTATIONS ABOUT AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT, ANY NON-WDT DEVICE, OR THE USE AND DISTRIBUTION ACTIONS OR OMISSIONS OF A SERVICE PROVIDER OR THIRD- PARTY CONTENT OWNER. WDT IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE LICENSED MATERIALS AND CONTENT, ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEANY OTHER ASPECT OF THIRD PARTY CONTENT. WDT, ITS OFFICERS, AFFILIATES, AND SUBSIDIARIES DO NOT WARRANT OR (II) ENDORSE AND DO NOT ASSUME AND WILL NOT HAVE ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND LIABILITY OR PARTS THEREOF, WHETHER INTEGRATED INTO RESPONSIBILITY TO YOU OR ANY OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF PERSON FOR ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCONTENT OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES ACCESSED THROUGH THE SOFTWARE. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH EXTENT YOU CHOOSE TO USE AND DISTRIBUTION INFRINGE OR ACCESS ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS PARTY CONTENT THROUGH THE SOFTWARE, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY WARRANTY APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION APPLICABLE LOCAL LAWS AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU PRIVACY AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWDATA COLLECTION LAWS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE MAIAR LAUNCHPAD IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”. ST MAKES NO REPRESENTATIONS OR ) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOWITH RESPECT TO MAIAR LAUNCHPAD, IMPLIED ITS CONTENT, THE FEES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON- INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. SPECIFICALLYWE DO NOT WARRANT THAT (1) MAIAR LAUNCHPAD WILL OPERATE UNINTERRUPTEDLY, WITHOUT LIMITING ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) MAIAR LAUNCHPAD WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE GENERALITY QUALITY OF MAIAR LAUNCHPAD AND THE FOREGOINGCONTENT AVAILABLE THROUGH IT, ST MAKES WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON MAIAR LAUNCHPAD WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF USING MAIAR LAUNCHPAD WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF MAIAR LAUNCHPAD, OR THE CONTENT PRESENTED ON, OR THROUGH, MAIAR LAUNCHPAD, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT (I) THE USE AND DISTRIBUTION OF MAIAR LAUNCHPAD IS ENTIRELY, OR AT THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THIS PA IS MADE WITHOUT ANY WARRANTY OF TITLE. CHEVRON FURTHER DOES NOT WARRANT EITHER EXPRESS, STATUTORY OR IMPLIED, AS TO TITLE, MERCHANTABILITY, Ridgewood North Jaguar PA November 1, 2006 CONDITION, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE LICENSED MATERIALS AND ANY LEASE IN THE CONTRACT AREA, AND ALL PARTS THEREOF ARE PROVIDED “OTHER PROPERTY COVERED BY THIS PA, INCLUDING, BUT NOT LIMITED TO THE WELL BORES, EQUIPMENT AND FACILITIES UTILIZED BY THE PARTIES HEREUNDER, OR ANY OTHER SORT OF WARRANTY AND IS WITHOUT RECOURSE AGAINST CHEVRON WHATSOEVER, EVEN AS IS”TO THE RETURN OF CONSIDERATION. ST CHEVRON MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING RIDGEWOOD'S RIGHT OF INGRESS TO AND EGRESS FROM THE CHEVRON LEASX XXXXXX ADJACENT OR ADJOINING LANDS. CHEVRON SPECIFICALLY DISCLAIMS, AND RIDGEWOOD EXPRESSLY WAIVES ANY IMPLIED WARRANTY OF TITLE WITH RESPECT TO THE LICENSED MATERIALS LEASE IN THE CONTRACT AREA EXCEPT FOR THE ACTS BY, THROUGH AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDUNDER CHEVRON, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OTHERWISE. RIDGEWOOD ACKNOWLEDGES THAT THIS EXPRESS WAIVER SHALL BE CONSIDEXXX X XXXERIAL AND INTEGRAL PART OF MERCHANTABILITY THIS PA AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY PART OF THE FOREGOINGCONSIDERATION GIVEN THEREFOR. RIDGEWOOD FURTHER ACKNOWLEDGES THAT THIS WAIVER HAS BEEN SPECIFICALLY XXXUGHT TO RIDGEWOOD'S ATTENTION AND THAT RIDGEWOOD HAVE VOLUNTARILY AND KNXXXXXXX XONSENTED TO THIS WAIVEX. XXX XXRTIES AGREE THAT FOR THE PURPOSES OF THIS WAIVER OF THE IMPLIED WARRANTY OF TITLE, ST MAKES NO REPRESENTATION OR WARRANTY CHEVRON AND THEIR AFFILIATES SHALL BE CONSIDERED AS THE SELLER. RIDGEWOOD ACKNOWLEDGES THAT (Ii) IT IS A SOPHISTICATED INVESTOR AND OPERATOR IN THE USE OIL AND DISTRIBUTION GAS BUSINESS; (ii) IT UNDERSTANDS THE RISKS INVOLVED IN OIL AND GAS EXPLORATION AND DEVELOPMENT; AND (iii) IT UNDERSTANDS THAT UNDER ITS PARTICIPATION RIDGEWOOD ASSUMES ALL OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT RISKS ATTENDANT TO THE ACQUISITION OF LICENSES EXPLORATION AND PRODUCTION OPERATIONS CONTEMPLATED UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYRidgewood North Jaguar PA November 1, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN 2006 THIS LLA PA AND THAT NO WARRANTIES ARE THE RIDGEWOOD INVESTMENT MADE BY ST OR GRANTED BY LAW WHENEVER IT HEREUNDER IN THOSE OPERATIONS CONDUCTED UNDER THIS PA IS PERMITTED BY LAW.FULLY AT RISK. Please indicate your agreement to the terms and conditions as set forth in this PA by executing two originals of this PA in the space provided and returning one executed original on or before November 22, 2006. AGREED TO AND ACCEPTED this 15th day of November, 2006 Chevron U.S.A. Inc.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE LICENSED MATERIALS SERVICES OR BUSINESS OWNER WEB SITE IS AT YOUR SOLE RISK, AND ANY AND ALL PARTS THEREOF THE SERVICES OR BUSINESS OWNER WEB SITE ARE PROVIDED ON AN “AS IS”. ST MAKES NO REPRESENTATIONS OR ” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICES OR BUSINESS OWNER WEB SITE, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING AND NON-INFRINGEMENT; (B) THE GENERALITY OF THE FOREGOING, ST MAKES RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SERVICES OR PARTS THEREOF BUSINESS OWNER WEB SITE WILL BE UNINTERRUPTED OR ERROR FREEMEET BUSINESS OWNER’S REQUIREMENTS, AND OR (II) ANY THE SERVICES OR BUSINESS OWNER WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SERVICES OR PARTS THEREOFBUSINESS OWNER WEB SITE WILL BE ACCURATE OR RELIABLE, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT (IV) THE QUALITY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL GOODS OR SERVICE AVAILABLE ON THE SERVICES OR BUSINESS OWNER WEB SITE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SERVICES OR BUSINESS OWNER WEB SITE WILL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION CORRECTED AND (V) ACTIONS OR OMISSIONS OF LICENSES UNDER PATENTS AND STELLA & DOT’S VENDORS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR BUSINESS OWNER WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, ST DISCLAIMS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY IN CASE DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH USE MATERIAL. “RELEASED PARTIES” INCLUDE STELLA & DOT AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLICENSORS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, INCLUDING BUT NOT LIMITED TOREPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. SPECIFICALLYTO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, WITHOUT LIMITING SUCH WARRANTY IS LIMITED IN DURATION TO THE GENERALITY WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. General Terms Applicable to the Limited Warranty Statement and Software License Disclaimer of Liabilities. IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THEORY OF LIABILITY ARISING OUT OF THE USE AND DISTRIBUTION OF OR INABILITY TO USE SOFTWARE EVEN IF CISCO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE LICENSED MATERIALS POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The Warranty and the Software License shall be governed by and construed in accordance with the laws of the State of California, without reference to principles of conflict of laws, provided that for Customers Cisco Systems, Inc. - Proprietary and Confidential Velocita Communications Agreement 53 located in a member state of the European Union, Norway or Switzerland, English law shall apply. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Warranty and the Software License shall remain in full force and effect. Except as expressly provided herein, the Software License constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in the purchase order. If Customer has entered into a contract directly with Cisco for supply of the Products subject to this warranty, the terms of that contract shall supersede any terms of this Warranty or the Warranty Card, or the Software License, which are inconsistent with that contract. Customer acknowledges that: the Internet URL address and the web pages referred to in this document may be updated by Cisco from time to time; the version in effect at the date of delivery of the Products to the Customer shall apply. Cisco Systems, Inc. - Proprietary and Confidential Velocita Communications Agreement 54 CISCO SYSTEMS [LOGO](R) EXHIBIT G TERMS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER CONDITIONS FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.CISCO OPTICAL NETWORKING PRODUCTS

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND USES THE SAME AT ITS OWN RISK. APL EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE, AND APL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER AGREEMENT, THE SERVICE, APL EQUIPMENT AND APL MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY APL, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. APL DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY OF THE FOREGOINGSERVICE WILL MEET CUSTOMER’S REQUIREMENTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED OR UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER AGREEMENT, APL DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY APL SHALL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR (II) TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR PARTS THEREOFAN END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, WHETHER INTEGRATED INTO OTHER EQUIPMENT MATERIAL OR NOTTRAFFIC DURING, ARE FREE FROM INFRINGEMENT OR THAT RESULTS FROM, CUSTOMER’S OR ITS END USERS’ USE OF ANY THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT APL’S THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE MASTER AGREEMENT AND APL DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE PROVIDERS UNDER THE MASTER AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ACQUISITION IMPLIED WARRANTIES OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYMERCHANTABILITY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER NON-INFRINGEMENT, FITNESS FOR ANY DEVELOPMENT CREATED BY A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWQUIET ENJOYMENT.

DISCLAIMER OF WARRANTY. By utilizing your My Rewards Debit Card, you expressly agree that use of the Program, including but not limited to use of a Financial Institution short-term loan service, if any is offered, is at your sole risk. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE, IS PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS. ST MAKES WE, FINANCIAL INSTITUTION, AND OUR LICENSORS AND VENDORS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR ANY INFORMATION OR CONSEQUENCES RESULTING FROM YOUR USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE. MOREOVER WE AND OUR LICENSORS AND VENDORS ARE NOT RESPONSIBLE FOR ANY TECHNICAL ISSUES EXPERIENCED BY YOU. WE AND OUR LICENSORS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE, INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION WE AND OUR LICENSORS AND VENDORS DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR WARRANTY THAT (I) THE USE AND DISTRIBUTION FUNCTIONALITY OF THE LICENSED MATERIALS AND PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND TELECOMMUNICATION LINES OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCIRCUITS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT YOU HEREBY ASSUME ALL RISKS RELATING TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWFOREGOING.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED The Software and Cloud Services are provided “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” without warranty of any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE AND CLOUD SERVICE MAY BE INTERRUPTED OR CONTAIN ERRORS. INTEL DOES NOT GUARANTEE THAT THE SOFTWARE OR CLOUD SERVICE CANNOT BE COMPROMISED, THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CLOUD SERVICES REMAINS WITH YOU. 5. LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TOTO ANY LOSS, MISAPPROPRIATION, UNAUTHORIZED ACCESS, TAMPERING, MALWARE OR OTHERWISE RELATING TO THE CUSTOMER DATA. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OF MERCHANTABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED AND FITNESS CLOUD SERVICES PROVIDED HEREUNDER ARE NOT DESIGNED OR INTENDED FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING USE IN ANY APPLICATION IN WHICH THE GENERALITY FAILURE OF THE FOREGOINGSOFTWARE OR CLOUD SERVICES COULD LEAD TO PERSONAL INJURY OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED REMEDIES, ST MAKES NO REPRESENTATION WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE OR WARRANTY THAT CLOUD SERVICES WITHOUT SUCH LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (IINCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS CLOUD SERVICES (INCLUDING BUT NOT LIMITED TO CLAIMS, LIABILITY, DAMAGES AND LOSSES RELATED TO CUSTOMER DATA) AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR PARTS THEREOFDEATH ASSOCIATED WITH ANY UNINTENDED USE, WHETHER INTEGRATED INTO OTHER EQUIPMENT EVEN IF SUCH CLAIM ALLEGES THAT INTEL OR NOTAN INTEL AFFILIATE, ARE FREE FROM INFRINGEMENT LICENSORS OR SUPPLIER WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE SOFTWARE OR PROVISION OF THE CLOUD SERVICES. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES6. CONSEQUENTLYCUSTOMER DATA. As between the Parties, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSCustomer Data is and shall remain Your sole property regardless of whether it has been processed by Intel or is in Intel’s possession or control. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSIn no event shall You or Your employees, subcontractors or end users (collectively, “End Users”) transmit credit card or payment information to the Cloud Service at any time. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWYou will ensure all collection and transmission of Customer Data, including Personal Information, will comply with all applicable laws and regulations for data protection and privacy, and You will obtain and maintain all necessary notices and consents from End Users to allow: (i) Intel access, monitoring, use and disclosure of this data as required under this Agreement and providing Intel with the ability to do so and (ii) Intel to provide the Cloud Services.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND When the user activates and uses some feature of this product, based on the feature requirements, some user data may be uploaded to the cloud, and used for internal analysis to decrease user device errors and provide better protection. In this situation, the user is notified about the relationship between data upload/data usage and related feature enhancements. When the user activates these types of features, associated pop-ups will appear in the system, providing the user the option to authorize or deny the upload. Once the user authorizes the upload and use of this data, the user will obtain usage permission for the feature, as well as better and more precise protection. However, if the user denies the upload and use of data, based on the limitation of data sample analysis, it may weaken security and protection to a certain extent as well as increase the possibility of false positive. Hillstone disclaims any liability or compensation in this scenario. EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, INCLUDING BUT NOT LIMITED TOREPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY HILLSTONE, ITS SUPPLIERS AND LICENSORS. SPECIFICALLYTO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HILLSTONE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GENERALITY SOFTWARE OR HARDWARE, ANY WARRANTY OR ARISING OUT OF ANY BREACH OF WARRANTY, HOWEVER CAUSED, REGARDLESS OF THE FOREGOINGTHEORY OF LIABILITY (CONTRACT, ST MAKES NO REPRESENTATION TORT OR WARRANTY THAT (IOTHERWISE) THE USE AND DISTRIBUTION EVEN IF HILLSTONE HAS BEEN ADVISED OF THE LICENSED MATERIALS POSSIBILITY OF SUCH DAMAGES. HILLSTONE’S LIABILITY SHALL IN ANY EVENT AND UNDER ANY THEORY OF RECOVERY BE LIMITED TO THE TOTAL AMOUNT RECEIVED BY HILLSTONE UNDER THIS AGREEMENT OR PARTS THEREOF WILL BE UNINTERRUPTED QUOTATION DURING THE PRECEDING THREE (3) MONTHS PERIOD. THE SOLE REMEDY FOR A BREACH OF ANY APPLICABLE LIMITED WARRANTY SET FORTH IN THIS XXXX IS, AT THE OPTION OF HILLSTONE, REPAIR OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION REPLACEMENT OF THE LICENSED MATERIALS AND DEFECTIVE OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT NON-CONFORMING HARDWARE OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSSOFTWARE. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HILLSTONE BE LIABLE FOR PERSONAL INJURY. THE FOREGOING IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND STATES HILLSTONE’S ENTIRE LIABILITY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT LIMITATION OF LIABILITIES. AGERSOFTWARE PROVIDES THE LICENSED MATERIALS SOFTWARE "AS-IS", PROVIDED WITH ALL POSSIBLE FAULTS AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND ALL PARTS THEREOF ARE PROVIDED “EDITED BY SECUREDELTA AS IS”WELL. ST NEITHER AGERSOFTWARE NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, . AGERSOFTWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. SPECIFICALLY, WITHOUT LIMITING THERE IS NO WARRANTY OR GUARANTEE THAT THE GENERALITY OPERATION OF THE FOREGOINGSOFTWARE WILL BE UNINTERRUPTED, ST MAKES NO REPRESENTATION ERROR-FREE, OR WARRANTY VIRUS-FREE, OR THAT (I) THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE AND DISTRIBUTION OF THE LICENSED MATERIALS SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Where limitations are not allowed on how long an implied warranty may last, then the above limitations may not apply to You. This warranty gives you specific rights, and You may have other rights which vary from jurisdiction to jurisdiction. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR PARTS THEREOF WILL STRICT PRODUCTS LIABILITY, SHALL AGERSOFTWARE SRL OR ANY OF ITS SUPPLIERS, OWNERS, SHAREHOLDERS OR MEMBERS OF AGERSOFTWARE PAID IN FULL, PART TIME OR CONTRACTORS, BE UNINTERRUPTED LIABLE TO YOU OR ERROR FREEANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF AGERSOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL AGERSOFTWARE'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND OR (II) ANY USE AND DISTRIBUTION REGARDLESS OF THE LICENSED MATERIALS AND OR PARTS THEREOFFORM OF ACTION, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT EXCEED THE AMOUNT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER PURCHASE PRICE PAID FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSOFTWARE LICENSE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DISPLAY AND MATERIALS AND ANY AND ALL PARTS THEREOF PROVIDED BY XXXXXX HEREUNDER ARE PROVIDED “"AS IS”. ST MAKES NO " WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE EXCEPT AS MAY BE EXPRESSLY STATED HEREIN. SPECIFICALLYXXXXXX DOES NOT WARRANT THAT THE DISPLAY AND MATERIALS WILL BE ERROR FREE OR WITHOUT BLEMISH. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A XXXXXX OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE GENERALITY IN NO EVENT AND UNDER NO LEGAL THEORY SHALL XXXXXX, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR AFFILIATES BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THE FOREGOINGDISPLAY AND MATERIALS PROVIDED BY XXXXXX HEREUNDER, ST MAKES NO REPRESENTATION INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR WARRANTY THAT (I) THE USE ANY AND DISTRIBUTION ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF XXXXXX HAS BEEN INFORMED OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION POSSIBILITY OF SUCH DAMAGES. THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN FOLLOWING PROVISIONS APPLY ONLY IF THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.A LEASE- MAINTENANCE AGREEMENT:

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE LICENSED MATERIALS TARGELEON SP. Z OO SITE, AND ANY AND ALL PARTS THEREOF ARE INFORMATION PROVIDED “THEREBY IS PROVIDED ON AN "AS IS”" AND "AS AVAILABLE" BASIS. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT YOU EXPRESSLY AGREE THAT USE OF THE TARGELEON SP. Z OO SITE AND ANY INFORMATION PROVIDED THEREBY IS AT YOUR SOLE RISK. TO THE LICENSED MATERIALS FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, TARGELEON SP. Z OO AND OR PARTS THEREOF WHETHER TARGELEON SP. Z OO DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION NEITHER XXXXXXXXX SP. Z OO NOR TARGELEON SP. Z OO , NOR ANY OF ITS OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR WARRANTY REPRESENTATIVES REPRESENT OR WARRANT (i) THAT (I) THE USE TARGELEON SP. Z OO SITE, THE PROGRAM AND DISTRIBUTION OF THE LICENSED MATERIALS AND ANY INFORMATION PROVIDED THEREBY, WILL MEET YOUR REQUIREMENTS OR PARTS THEREOF WILL BE UNINTERRUPTED ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS OR INFORMATION WILL BE CORRECTED, OR WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE TARGELEON SP. Z OO SITE, AND OR ANY INFORMATION PROVIDED THEREBY; (IIv) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT SOFTWARE IS NON-INFRINGING. TARGELEON SP. Z OO AND TARGELEON SP. Z OO HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE TARGELEON SP. Z OO AND TARGELEON SP. Z OO FROM ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF THE LICENSED MATERIALS TARGELEON SP. Z OO SITE AND OR PARTS THEREOFANY INFORMATION PROVIDED THEREBY, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTNOT ARISING FROM THE NEGLIGENCE (ACTIVE, ARE FREE FROM INFRINGEMENT PASSIVE OR IMPUTED) OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTARGELEON SP. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESZ OO OR TARGELEON SP. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSZ OO. YOU ACKNOWLEDGE AND AGREE THAT THE TARGELEON SP. Z OO SITE AND ANY INFORMATION PROVIDED THEREBY, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE TARGELEON SP. Z OO SITE AND ANY INFORMATION PROVIDED THEREBY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT You expressly acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof and your use of any Third Party Applications. THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. ST MAKES NO REPRESENTATIONS OR CONDUIT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYNO ADVICE OR INFORMATION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGWHETHER ORAL OR WRITTEN, ST MAKES NO REPRESENTATION OBTAINED FROM CONDUIT OR ELSEWHERE WILL CREATE ANY WARRANTY THAT OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. CONDUIT DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOF ANY THIRD PARTY APPLICATION WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED ERROR FREE OR ERROR FREE, AND OR THAT ANY ERRORS WILL BE CORRECTED; (II) ANY USE AND DISTRIBUTION THE OPERATION OF THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOFANY OF THIRD PARTY CONTENT WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, WHETHER INTEGRATED INTO OTHER EQUIPMENT TIMELINESS, COMPLETENESS, OR NOTADEQUACY OF THE SOFTWARE, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCONTENT AND ANY DATA ACCESSED THEREFROM. IT SHALL INFORMATION PROVIDED THROUGH THE SOFTWARE OR ANY THIRD PARTY APPLICATION, INCLUDING WEATHER REPORTS, FINANCIAL DATA, ANALYSIS, MARKET INFORMATION AND NEWS, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE CONDUIT GROUP (DEFINED BELOW) AND CONDUIT’S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. CONDUIT MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SOFTWARE OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE ACQUISITION SOFTWARE IS TO UNINSTALL AND CEASE USE OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF THIRD PARTIES. CONSEQUENTLYCERTAIN WARRANTIES, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN SO SOME OF THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTY. THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU ACKNOWLEDGE THAT BEAR ALL RISK OF USING IT. THE LICENSED MATERIALS APP PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ANY ITS AND ALL PARTS THEREOF ARE PROVIDED THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“AS ISDISTRIBUTORS”. ST MAKES ), GIVES NO REPRESENTATIONS EXPRESS WARRANTIES, GUARANTEES, OR WARRANTIES WITH RESPECT CONDITIONS UNDER OR IN RELATION TO THE LICENSED MATERIALS AND APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDCONDITIONS, INCLUDING BUT NOT LIMITED TOTHOSE OF MERCHANTABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY LIMITATION ON AND EXCLUSION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE REMEDIES AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSDAMAGES. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYEXTENT NOT PROHIBITED BY LAW, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER YOU CAN RECOVER FROM THE APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSTHE APP. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES AGREE NOT TO SEEK TO RECOVER ANY OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR. This limitation applies to • anything related to the App, services made available through the App, or content (including code) on third party Internet sites; and • claims for breach of contract; breach of warranty, guarantee or condition; or strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if • repair, replacement, or a refund for the App does not fully compensate you for any losses; or

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE BMC DOES NOT PROMISE THAT THE LICENSED MATERIALS BMC SUBSCRIPTION SERVICES, OR ANY CONTENT, COMPONENT, SITE OR FEATURE OF THE BMC SUBSCRIPTION SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT CUSTOMER’S USE OF BMC SUBSCRIPTION SERVICES WILL PROVIDE SPECIFIC RESULTS. THE BMC SUBSCRIPTION SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. BMC CANNOT ENSURE THAT ANY FILES OR OTHER DATA CUSTOMER DOWNLOADS FROM THE BMC SUBSCRIPTION SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BMC AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TOAND STATUTORY WARRANTIES, IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYBMC AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BMC SUBSCRIPTION SERVICES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, WITHOUT LIMITING THE GENERALITY RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FOREGOINGBMC SUBSCRIPTION SERVICES AND SUCH THIRD PARTY SOFTWARE OR CONTENT. BMC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE OMISSIONS AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO CUSTOMER’S USE OF THE BMC SUBSCRIPTION SERVICES. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR ITS USE OF THE BMC SUBSCRIPTION SERVICES. CUSTOMER’S SOLE REMEDY AGAINST BMC FOR DISSATISFACTION WITH THE BMC SUBSCRIPTION SERVICES IS TO STOP USING THE BMC SUBSCRIPTION SERVICES. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER’S USE OF THE BMC SUBSCRIPTION SERVICES AND ALL THIRD PARTY INTELLECTUAL PROPERTY RIGHTSSOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BMC SUBSCRIPTION SERVICES IS AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE BMC SUBSCRIPTION SERVICES AND SUCH THIRD PARTY SOFTWARE AND CONTENT. IT SHALL SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. THE BMC SUBSCRIPTION SERVICES MAY BE YOUR SOLE RESPONSIBILITY SUBJECT TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS LIMITATIONS, DELAYS, AND OTHER INTELLECTUAL PROPERTY RIGHTS PROBLEMS INHERENT IN THE USE OF THIRD PARTIESTHE INTERNET AND ELECTRONIC COMMUNICATIONS. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER BMC IS NOT RESPONSIBLE FOR ANY DEVELOPMENT CREATED BY DELAYS, DELIVERY FAILURES, OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.DAMAGE RESULTING FROM SUCH PROBLEMS

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND THAT THE LICENSED MATERIALS ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND ANY EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, WEBSITE AND ALL PARTS THEREOF CONTENT ARE PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR " AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RAVACAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS SERVICE, WEBSITE AND OR PARTS THEREOF WHETHER EXPRESS OR CONTENT, EITHER EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY RAVACAN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FOREGOINGSERVICE, ST MAKES NO REPRESENTATION WEBSITE AND CONTENT, THAT THE FUNCTIONS CONTAINED IN OR WARRANTY SERVICE PERFORMED OR PROVIDED BY THE SERVICE, WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT (I) THE USE SERVICE, WEBSITE OR CONTENT AND DISTRIBUTION OPERATION OF THE LICENSED MATERIALS AND WEBSITE OR PARTS THEREOF SERVICE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE, WEBSITE OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAVACAN OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE DISCLAIMER ABOVE APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. RAVACAN DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT USEFULNESS OF ANY THIRD INFORMATION OR CONTENT ON THE SERVICE, WEBSITE OR EXTERNAL SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY INTELLECTUAL PROPERTY RIGHTSOTHER THAN RAVACAN. IT SHALL UNDER NO CIRCUMSTANCES WILL RAVACAN BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER RESPONSIBLE FOR ANY DEVELOPMENT CREATED LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, WEBSITE OR EXTERNAL SERVICE, OR TRANSMITTED TO OR BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWANY USERS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE PROVIDER DOES NOT WARRANT THAT THE LICENSED MATERIALS AND SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT PROVIDER WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE COMPLETELY SECURE. THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE TEMPORARY LOSS OF SERVICE AVAILABILITY. PROVIDER IS NOT RESPONSIBLE FOR ANY AND ALL PARTS THEREOF ARE ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD-PARTY CONTENT OR SERVICES PROVIDED “AS IS”BY THIRD PARTIES. ST MAKES PROVIDER SHALL HAVE NO REPRESENTATIONS OR WARRANTIES OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (i) IF NOTIFIED OF SUCH A CLAIM AFTER THE LICENSED MATERIALS WARRANTY PERIOD OR (ii) IF THE CLAIM IS THE RESULT OF THIRD-PARTY HARDWARE OR SOFTWARE FAILURES, OR THE ACTIONS OF CUSTOMER OR A THIRD PARTY. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OR PARTS THEREOF WHETHER OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND PROVIDER WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. TO THE EXTENT NOT PROHIBITED BY LAW, CUSTOMER ACKNOWLEDGES THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS BY THE PROVIDER OR ANY THIRD- PARTY VENDORS’ INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) THAT THOSE THIRD-PARTY VENDORS DISCLAIM ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFALL LIABILITY, WHETHER INTEGRATED INTO OTHER EQUIPMENT DIRECT, INDIRECT OR NOTCONSEQUENTIAL, ARE FREE ARISING FROM INFRINGEMENT THE SERVICES. PROVIDER MAY LINK TO OR OFFER THIRD-PARTY SERVICES FOR RESALE. ANY PURCHASE, ENABLING, OR ENGAGEMENT OF THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO IMPLEMENTATION, CUSTOMIZATION, CONSULTING SERVICES, E-MAIL, WEB HOSTING, SERVER HOSTING, PHONE SERVICE, AND ANY THIRD EXCHANGE OF DATA BETWEEN YOU AND ANY THIRD- PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE, IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD- PARTY SERVICE PROVIDER AND IS SUBJECT TO THE ACQUISITION TERMS AND CONDITIONS OF LICENSES UNDER PATENTS SUCH THIRD-PARTY PROVIDER. PROVIVDER DOES NOT WARRANT THIRD- PARTY SERVICES AND OTHER INTELLECTUAL PROPERTY RIGHTS IS NOT RESPONSIBLE OR LIABLE FOR SUCH SERVICES OR ANY LOSSES OR ISSUES THAT RESULT AS YOUR USE OF THIRD PARTIESSUCH SERVICES. CONSEQUENTLYIF YOU PURCHASE, ST DISCLAIMS ENABLE OR ENGAGE ANY LIABILITY THIRD-PARTY SERVICE FOR USE IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. CONNECTION WITH THE SERVICES, YOU ACKNOWLEDGE THAT COMPANY MAY ALLOW PROVIDERS OF THOSE THIRD-PARTY SERVICES TO ACCESS YOUR DATA USED IN CONNECTION WITH THE SERVICES AS REQUIRED FOR THE INTEROPERATION OF SUCH THIRD-PARTY SERVICES WITH THE SERVICES. YOU HAVE RELIED ON NO WARRANTIES OTHER THAN REPRESENT AND WARRANT THAT YOUR USE OF ANY THIRD-PARTY SERVICE SIGNIFIES YOUR INDEPENDENT CONSENT TO THE EXPRESS WARRANTIES IN THIS LLA ACCESS AND USE OF YOUR DATA BY THE THIRD-PARTY SERVICE PROVIDER, AND THAT NO WARRANTIES ARE MADE SUCH CONSENT, USE, AND ACCESS IS OUTSIDE OF PROVIDERS’S CONTROL. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DISCLOSURE, MODIFICATION OR DELETION OF DATA RESULTING FROM ANY SUCH ACCESS BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTHIRD-PARTY SERVICE PROVIDERS. Compliance with Laws The Parties shall comply with all relevant laws applicable to Customer or in Customer’s industry.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”. ST MAKES NO REPRESENTATIONS ) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR WARRANTIES IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS SERVICE, THE EMAIL SERVICES AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDTHE SECURED EMAILS, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. SPECIFICALLYWE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, WITHOUT LIMITING ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE GENERALITY SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE FOREGOINGSERVICE FUNCTIONALITIES WILL MEET YOUR EXPECTATIONS; (4) THE EMAIL YOU GENERATE THROUGH THE SERVICE WILL BE ACCURATE, ST MAKES BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS. NO REPRESENTATION OR WARRANTY THAT (I) THE OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE AND DISTRIBUTION OR PERFORMANCE OF THE LICENSED MATERIALS AND SERVICE, OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFCONTENT SENT THROUGH THE SERVICE, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTNOT MADE BY ANY OF OUR STAFF, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE YOUR SOLE RESPONSIBILITY DEEMED TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWOF OUR STAFF WHATSOEVER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SOFTWARE PRODUCTS ARE PROVIDED “WITH ALL FAULTS ON AN "AS IS”" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES SOFTWARE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, WITHOUT LIMITING REPOSYSTEMS AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT THAT THE GENERALITY FUNCTIONALITY OF THE FOREGOINGSOFTWARE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE SOFTWARE PRODUCTS WILL BE CORRECTED, ST MAKES NOR DO THEY WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SOFTWARE PRODUCT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO REPRESENTATION ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REPOSYSTEMS OR AN REPOSYSTEMS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT (I) THE USE CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. REPOSYSTEMS AND DISTRIBUTION OF THE LICENSED MATERIALS ITS LICENSORS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE ACQUISITION SOFTWARE PRODUCTS. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH THE SOFTWARE PRODUCTS YOU CHOOSE TO USE AND DISTRIBUTION INFRINGE YOU ASSUME THE ENTIRE COST OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSSERVICE AND REPAIR. FURTHERMORE ST HEREBY DISCLAIMS ANY THIS DISCLAIMER OF WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSCONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN USE OF THE EXPRESS WARRANTIES IN SOFTWARE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWDISCLAIMER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, CENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO THE SOLUTIONS, PROFESSIONAL SERVICES, SUPPORT SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE LICENSED SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS ” AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO ANY REPRESENTATION OR WARRANTY THAT (I) OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND THIRD-PARTY OWNER. THIS AGREEMENT DOES NOT AMEND, OR PARTS THEREOF WILL BE UNINTERRUPTED MODIFY CENTRALSQUARE’S WARRANTY UNDER ANY AGREEMENT OR ERROR FREEANY CONDITIONS, AND LIMITATIONS, OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS RESTRICTIONS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS EXPRESS, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD THIRD-PARTIES. CONSEQUENTLY, ST DISCLAIMS AND ITS AFFILIATES DISCLAIM ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE INFRINGES ANY THIRD PARTY’S THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST AND ITS AFFILIATES HEREBY DISCLAIMS DISCLAIM ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR ITS AFFILIATES OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYFURTHER, WITHOUT LIMITING LICENSOR SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE GENERALITY USE, OR THE RESULTS OF THE FOREGOINGUSE, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION PERFORMANCE OF THE LICENSED MATERIALS SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. FURTHER, THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). LICENSOR AND DISTRIBUTION INFRINGE ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY AND LIABILITY WHATSOEVER OF FITNESS FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWHIGH RISK ACTIVITIES.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS WALNUT AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES ITS AFFILIATES MAKE NO REPRESENTATIONS COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. WALNUT AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSERVICES, INCLUDING BUT NOT LIMITED TOANY WARRANTY REGARDING NON- INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYWALNUT AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, WITHOUT LIMITING INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE GENERALITY RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES. LIMITATION OF LIABILITY. WALNUT AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE FOREGOINGSERVICES. IN PARTICULAR, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS BUT NOT AS A LIMITATION THEREOF, WALNUT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER INTEGRATED INTO OTHER EQUIPMENT BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR NOT, OTHERWISE; NOR ARE FREE FROM INFRINGEMENT OF WALNUT AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IT NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESCREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. CONSEQUENTLY, ST DISCLAIMS NEITHER WALNUT NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY FAILURE OR FOR YOU AND BY OR FOR YOUR CUSTOMERSDELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWStatute of Limitations. You and Walnut both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred. No Third-Party Beneficiaries. This Agreement is between you and Walnut. No user has any rights to force Walnut to enforce any rights it may have against you or any other user.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND USES THE SAME AT ITS OWN RISK. GRANDE EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND GRANDE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER AGREEMENT, THE SERVICE, GRANDE EQUIPMENT AND GRANDE MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY GRANDE, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. GRANDE DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY OF THE FOREGOINGSERVICE WILL MEET CUSTOMER’S REQUIREMENTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED OR UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER AGREEMENT, GRANDE DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY GRANDE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR (II) TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR PARTS THEREOFAN END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, WHETHER INTEGRATED INTO OTHER EQUIPMENT MATERIAL OR NOTTRAFFIC DURING, ARE FREE FROM INFRINGEMENT OR THAT RESULTS FROM, CUSTOMER’S OR ITS END USERS’ USE OF ANY THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT GRANDE’S THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT AND GRANDE DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ACQUISITION IMPLIED WARRANTIES OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYMERCHANTABILITY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER NON-INFRINGEMENT, FITNESS FOR ANY DEVELOPMENT CREATED BY A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWQUIET ENJOYMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT RYDER PROVIDES, AND PARTICIPATING PARTY ACCEPTS, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “TSP SOFTWARE ON AN "AS IS”" AND "AS AVAILABLE" BASIS. ST MAKES NO REPRESENTATIONS RYDER DOES NOT REPRESENT, WARRANT OR WARRANTIES WITH RESPECT GUARANTEE THAT ACCESS TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY USE OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT TSP SOFTWARE: (IA) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR EQUIPMENT OR EQUIPMENT AVAILABLE FOR USE. RYDER FUNCTIONS AS AN ON-DEMAND LEAD GENERATION AND RELATED SERVICE ONLY AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE PARTICIPATING PARTIES WHO MAY REQUEST OR RECEIVE SERVICES, AND RYDER DOES NOT SCREEN OR (II) ANY USE OTHERWISE EVALUATE CUSTOMERS BY USING THE TSP SOFTWARE BEYOND BASIC INSURANCE AND DISTRIBUTION OF THE LICENSED MATERIALS AUTHORITY INFORMATION. PARTICIPATING PARTY ACKNOWLEDGES AND AGREES THAT IT MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER RISK TO PARTICIPATING PARTY’S EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY OTHER THIRD PARTIES. PARTICIPATING PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY IS ADVISED TO MAKE SUCH DETERMINATION AS NECESSARY TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE ACQUISITION USE OF LICENSES UNDER PATENTS THE TSP SOFTWARE. NOTWITHSTANDING RYDER’S LIMITED ROLE, RYDER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF PARTICIPATING PARTY, ANY CUSTOMER OR OTHER THIRD PARTY. RYDER DOES NOT GUARANTEE THE AVAILABILITY OF THE TSP SOFTWARE. PARTICIPATING PARTY ACKNOWLEDGES AND AGREES THAT THE TSP SOFTWARE MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE TSP SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER INTELLECTUAL PROPERTY RIGHTS PROBLEMS INHERENT IN THE USE OF THIRD PARTIES. CONSEQUENTLYTHE INTERNET AND ELECTRONIC COMMUNICATIONS, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER RYDER IS NOT RESPONSIBLE FOR ANY DEVELOPMENT CREATED BY DELAYS, DELIVERY FAILURES, OR FOR YOU AND BY OTHER DAMAGES, LIABILITIES OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE LOSSES THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWMAY RESULT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT ASSUME RESPONSIBILITY FOR THE LICENSED MATERIALS SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION AND USE OF, AND RESULTS OBTAINED FROM, THE SOFTWARE. THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND NLI EXPRESSLY DISCLAIMS ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ANY WARRANTY THAT THE SOFTWARE OR FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND DOCUMTATION WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR FREE. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NLI AND ITS SUPPLIERS AND DISTRIUBTORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES. FURTHER, NLI SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR PARTS THEREOF WHETHER EXPRESS MAKE ANY REPRESENTATIONS OF ANY KIND REGARDING THE USE, OR IMPLIEDTHE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE AND DOCUMENTATION, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, DATA CORRUPTION, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO YOU REGARDING THE SOFTWARE, ITS FUNCTIONALITY OR DOCUMENTATION SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU SHALL NOT RELY ON ANY SUCH INFORMATION, DISCUSSIONS, OR ADVICE. THE SOFTWARE IS NOT INTENDED, NOR IS IT DESIGNED OR MANUFACTURED FOR USE, LICENSE OR RESALE FOR USE IN CONNECTION WITH HAZARDOUS ENVIRONMENTS OF ANY KIND, INCLUDING THOSE REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE MONITORING AND/OR OPERATION OF HAZARDOUS FACILITIES OR OPERATIONS, INCLUDING BUT NOT LIMITED TO, NUCLEAR FACILITIES, AIRCRAFT RELATED NAVIGATION, CONTROL, OR COMMUNICATION SYSTEMS, LIFE SUPPORT EQUIPMENT, OR WEAPONS SYSTEMS, WHERE A FAILURE OF THE SOFTWARE COULD RESULT IN OR LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NLI AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWHIGH RISK ACTIVITIES.

DISCLAIMER OF WARRANTY. TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL MOBIWISE WEBSITE AND APPS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, MOBIWISE, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. SPECIFICALLYWITHOUT LIMITATION, WITHOUT LIMITING XXXXXXXX MAKES NO WARRANTY THAT THE GENERALITY MOBIWISE WEBSITE AND APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOINGMOBIWISE PRODUCTS WILL BE ACCURATE OR RELIABLE, ST MAKES OR THAT THE QUALITY OF THE MOBIWISE WEBSITE AND APPS WILL MEET YOUR EXPECTATIONS. MOBIWISE ASSUMES NO REPRESENTATION LIABILITY OR WARRANTY THAT (I) RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBIWISE WEBSITE AND APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MOBIWISE WEBSITE AND APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MOBIWISE WEBSITE AND APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBIWISE WEBSITE AND DISTRIBUTION APPS. YOU ARE INFORMED AND UNDERSTAND THAT ALL INFORMATION IS PROVIDED FOR ILLUSTRATIVE PURPOSES AND DOES NOT CONSTITUTE A RECOMMENDATION FOR ACTION. YOU ARE INFORMED AND UNDERSTAND THAT THE INFORMATION PROVIDED IN MOBIWISE WEBSITE AND APPS IS NOT FOR SCIENTIFIC OR MEDICAL PURPOSES. WE DISCLAIM ALL LIABILITY FOR YOUR ACTIONS THAT YOU HAVE TAKEN AS A RESULT OF THE LICENSED MATERIALS AND INFORMATION RECEIVED. THE ENTIRE RISK ARISING OUT OF USE OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION PERFORMANCE OF THE LICENSED MATERIALS MOBIWISE WEBSITE AND APPS REMAINS SOLELY WITH YOU. MOBIWISE EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR PARTS THEREOFSERVICES PROVIDED BY THIRD PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, WHETHER INTEGRATED INTO OTHER EQUIPMENT THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NOTICE REGARDING CALL RECORDING FEATURE: Certain Mobiwise Website and Apps may allow you to record phone conversations on your Android or iOS device. Some local, state, federal or international laws prohibit the recording of third-party audio without all parties' consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent. IN NO EVENT SHALL MOBIWISE BE RESPONSIBLE TO YOU OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSFOR YOUR FAILURE TO COMPLY WITH LOCAL, STATE, FEDERAL OR INTERNATIONAL LAWS REGARDING THIRD-PARTY AUDIO RECORDING. N(2). MEDICAL DISCLAIMER: ANY CONTENT AVAILABLE IN MOBIWISE WEBSITE AND APPS IS NOT A MEDICAL OR HEALTH CARE SERVICE. MOBIWISE IS NOT A LICENSED MEDICAL CARE PROVIDER AND NEITHER MOBIWISE WEBSITE AND APPS ARE INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS BASED ON THE CONTENT AVAILABLE IN MOBIWISE WEBSITE AND APPS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. MOBIWISE DOES NOT ENDORSE ANY SPECIFIC TESTS, DOCTOR OR MEDICAL PROFESSIONAL, PRODUCTS, PROCEDURES, OPINIONS, OR ANY OTHER INFORMATION THAT MAY BE MENTIONED ON THE MOBIWISE WEBSITE AND APPS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT SHALL BE BECAUSE OF SOMETHING YOU HAVE LEARNT IN CONNECTION WITH THE CONTENT IN THE MOBIWISE WEBSITE AND APPS. ALWAYS CONSULT WITH YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESNEAREST OPEN EMERGENCY ROOM IMMEDIATELY. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSFor Informational Purposes. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWAll the Content available on Mobiwise Website and Apps is designated exclusively for informational purposes and constitutes the general information.

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DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT THE LICENSED MATERIALS MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ALL PARTS THEREOF ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS”” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ST NEITHER COBALT SPEECH NOR ANY PERSON ASSOCIATED WITH COBALT SPEECH MAKES NO REPRESENTATIONS ANY WARRANTY OR WARRANTIES REPRESENTATION WITH RESPECT TO THE LICENSED MATERIALS AND COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR PARTS THEREOF AVAILABILITY OF THIS WEBSITE. 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LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COBALT SPEECH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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ADDITIONAL TERMS APPLICABLE TO USE OF DEMOS By accessing or using any demonstration services available on this Website or any other site posting these Terms (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFcollectively, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTthe “Demos”), ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSor by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use and these Additional Terms Applicable to Use of Demos. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESPersonally identifiable information collected about you by this Website is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. CONSEQUENTLYIf you do not agree to these Terms of Use or the Privacy Policy, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWyou must not access any Demos.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT FEDEX AND ITS REPRESENTATIVES ( AS DEFINED IN SECTION 8 BELOW) ARE NEITHER PROVIDING ANY SUPPLIES OR TOOLS NECESSARY TO USE THE LICENSED MATERIALS PRODUCT NOR CHARGING LICENSEE A FEE FOR USE OF THE PRODUCT OR FOR PROVIDING THE LIMITED SUPPORT SERVICES, IF ANY. THE PRODUCT AND ANY AND ALL PARTS THEREOF LIMITED SUPPORT SERVICES ARE PROVIDED “AS AS-IS”” WITHOUT REPRESENTATION OR WARRANTY OF KIND. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS EXTENT PERMITTED BY APPLICABLE LAW, FEDEX, AND OR PARTS THEREOF WHETHER EXPRESS ITS REPRESENTATIVES (AS DEFINED IN SECTION 8 BELOW), DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF NON-INFRINGEMENT OR QUIET ENJOYMENT. SPECIFICALLY, WITHOUT LIMITING FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE GENERALITY PRODUCT WILL MEET ANY OR ALL OF LICENSEE’S REQUIREMENTS OR THAT THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF PRODUCT’S OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREEFREE OR THAT ANY DEFECT WITHIN THE PRODUCT WILL BE CORRECTED. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE LIMITED SUPPORT SERVICES WILL MEET ANY OR ALL OF LICENSEE’S REQUIREMENTS OR THAT IT WILL CORRECT ANY DEFECT WITHIN THE PRODUCT. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE PRODUCT, LIMITED SUPPORT SERVICES OR ANY OTHER RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE PRODUCT. FURTHERMORE, FEDEX AND ITS REPRESENTATIVES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF LICENSEE’S INSTALLATION OR USE OF THE PRODUCT OR THE LIMITED SUPPORT SERVICES IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX ITS REPRESENTATIVES OR AN AUTHORIZED REPRESENTATIVE OF EITHER WILL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF RECEIPT OF THE APPLICATION. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE AND IN SUCH EVENT, THE PERIOD OF SUCH WARRANTY WILL BE THE MINIMUM PERIOD ALLOWABLE BY APPLICABLE LAW. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, AND OR (II) ANY USE LICENSEE MAY HAVE OTHER RIGHTS AS WELL WHICH VARY FROM JURISDICTION TO JURISDICTION AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY COUNTRY/TERRITORY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWCOUNTRY/TERRITORY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”” WITH ALL FAULTS. ST MAKES NO REPRESENTATIONS OR LICENSOR AND ITS PARENT, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF CONDITIONS, WHETHER EXPRESS EXPRESS, STATUTORY OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TOTO ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. SPECIFICALLYFURTHER, WITHOUT LIMITING THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT, LACK OF VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE GENERALITY SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. IN PARTICULAR, LICENSOR AND ITS PARENT, AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LICENSOR OR ITS PARENT, AFFILIATES, OR SUPPLIERS, OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, WILL CREATE ANY WARRANTY OR OBLIGATION ON BEHALF OF LICENSOR OR ITS PARENT, AFFILIATES, OR SUPPLIERS. THE ENTIRE RISK ARISING OUT OF THE USE, PERFORMANCE AND QUALITY OF THE SOFTWARE REMAINS WITH YOU. THE SOFTWARE IS ACCESSED AND USED AT YOUR OWN DISCRETION AND RISK, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL YOU WILL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER SOLELY RESPONSIBLE FOR ANY DEVELOPMENT CREATED BY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR YOU OTHER SYSTEMS AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN LOSS OF DATA IN CONNECTION WITH THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSOFTWARE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL PARTS THEREOF ARE SOFTWARE PROVIDED “BY ZEBRA IS PROVIDED "AS IS”. ST MAKES NO REPRESENTATIONS OR " AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND FROM ZEBRA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING ZEBRA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SPECIFICALLY, WITHOUT LIMITING ZEBRA DOES NOT WARRANT THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS XXXX INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED "AS IS" AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH EMULATION LIBRARIES.†SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR (II) ANY USE AND DISTRIBUTION LIMITATIONS OF IMPLIED WARRANTIES, SO THE LICENSED MATERIALS AND ABOVE EXCLUSIONS OR PARTS THEREOFLIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER INTEGRATED INTO OTHER EQUIPMENT ORAL OR NOTWRITTEN, ARE FREE OBTAINED BY YOU FROM INFRINGEMENT ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY ZEBRA OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSORT FROM ZEBRA.

DISCLAIMER OF WARRANTY. YOU THE PARTIES ACKNOWLEDGE THAT THE LICENSED MATERIALS COVID-19 TEST KITS TO BE USED IN CONNECTION WITH THIS AGREEMENT ARE FOR SCREENING PURPOSES ONLY AND MAY NOT IN ALL CASES PROVIDE A DEFINITIVE RESULT. AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE- NEGATIVE RESULTS. THE PARTIES FURTHER ACKNOWLEDGE THAT THE COVID-19 TEST KITS PROVIDED UNDER THIS AGREEMENT MAY NOT BE EFFECTIVE FOR ANY MUTATIONS OF COVID-19. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7 AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS EXTENT PROHIBITED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS PROVIDED - - ADDITIONAL WARRANTIES OR PARTS THEREOF REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR IMPLIEDUSAGE OF TRADE, OR STATUTORY AS TO THE SERVICES, PRODUCTS, OR ANY OTHER MATTER WHATSOEVER. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, OR A PARTICULAR OR BUSINESS RESULT, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SPECIFICALLYEXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST CONTRACTOR MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND PRODUCTS OR PARTS THEREOF WILL BE UNINTERRUPTED SERVICES REQUIREMENTS OR ERROR FREE, AND INTENDED PURPOSES OR USES; (II) PREVENT THE SPREAD OR INCURRENCE OF ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND ILLNESS, VIRUS, OR PARTS THEREOFBACTERIA; (III) BE FREE FROM DEFECTS, WHETHER INTEGRATED INTO OTHER EQUIPMENT PATENT OR NOTLATENT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYIN DESIGN, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY MATERIALS OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWWORKMANSHIP.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED The Software and Cloud Services are provided “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” without warranty of any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE AND CLOUD SERVICE MAY BE INTERRUPTED OR CONTAIN ERRORS. INTEL DOES NOT GUARANTEE THAT THE SOFTWARE OR CLOUD SERVICE CANNOT BE COMPROMISED, THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CLOUD SERVICES REMAINS WITH YOU. 5. LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TOTO ANY LOSS, MISAPPROPRIATION, UNAUTHORIZED ACCESS, TAMPERING, MALWARE OR OTHERWISE RELATING TO THE CUSTOMER DATA. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OF MERCHANTABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED AND FITNESS CLOUD SERVICES PROVIDED HEREUNDER ARE NOT DESIGNED OR INTENDED FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING USE IN ANY APPLICATION IN WHICH THE GENERALITY FAILURE OF THE FOREGOINGSOFTWARE OR CLOUD SERVICES COULD LEAD TO PERSONAL INJURY OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED REMEDIES, ST MAKES NO REPRESENTATION WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE OR WARRANTY THAT CLOUD SERVICES WITHOUT SUCH LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (IINCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS CLOUD SERVICES (INCLUDING BUT NOT LIMITED TO CLAIMS, LIABILITY, DAMAGES AND LOSSES RELATED TO CUSTOMER DATA) AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR PARTS THEREOFDEATH ASSOCIATED WITH ANY UNINTENDED USE, WHETHER INTEGRATED INTO OTHER EQUIPMENT EVEN IF SUCH CLAIM ALLEGES THAT INTEL OR NOTAN INTEL AFFILIATE, ARE FREE FROM INFRINGEMENT LICENSORS OR SUPPLIER WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE SOFTWARE OR PROVISION OF THE CLOUD SERVICES. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES6. CONSEQUENTLYCUSTOMER DATA. As between the Parties, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSCustomer Data is and shall remain Your sole property regardless of whether it has been processed by Intel or is in Intel’s possession or control. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSIn no event shall You or Your employees, subcontractors or end users (collectively, “End Users”) transmit credit card or payment information to the Cloud Service at any time. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWYou will ensure all collection and transmission of Customer Data, including Personal Information, will comply with all applicable laws and regulations for data protection and privacy, and You will obtain and maintain all necessary notices and consents from End Users to allow: (i) Intel access, monitoring, use and disclosure of this data as required under this Agreement and providing Intel with the ability to do so and (ii) Intel to provide the Cloud Services. You are solely responsible for the development, content, operation, maintenance, and use of Customer Data, and you agree that You are responsible for: (a) maintaining the confidentiality of the password and administration account(s); (b) designating those individuals who are authorized to access the administration account(s); and (c) ensuring that all activities that occur in connection with the administration account(s) by its End Users comply with the Agreement. You agree that Intel’s responsibilities do not extend to the internal management or administration of the Customer Data and that Intel is merely a Data Processor. As a Data Controller, You are responsible for responding to End Users requests. Intel will, to the extent permitted by applicable laws and by the nature of the End Users requests: (a) notify You without undue delay of its receipt of an End User request; (b) comply with Your reasonable requests regarding Your efforts to comply with an End User request; and (c) provide You with the information or tools required for You to respond to the End User request. You will first seek to obtain the information required to respond to the End User request on Your own, and will contact Intel only if You cannot reasonably obtain such information. You hereby grant to Intel and its affiliates an exclusive, worldwide, perpetual, non-transferable, non-sublicensable (except as necessary to enable any third party provider of the Cloud Services), royalty-free, fully paid up license to use Customer Data as necessary for Intel and its affiliates to perform the Cloud Services. In addition, You hereby grant to Intel and its affiliates an exclusive, worldwide, perpetual, non-transferable, non-sublicensable (except as necessary to enable any third party provider of the Cloud Services), royalty-free, fully paid up license to use and compile Intel Data and Customer Data in an aggregated, anonymized form (i.e., not specific to any individual or customer, including You or Your affiliates). When Intel uses subprocessors to process Customer Data, You hereby authorize the engagement of the subprocessors currently used by Intel, including but not limited to Intel affiliates in the United States and elsewhere. You also authorize Intel to engage subprocessors not included among our currently used subprocessors, whether as a replacement for an existing subprocessor or as an additional subprocessor.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SOFTWARE AND ANY AND ALL PARTS THEREOF DOCUMENTATION ARE PROVIDED “"AS IS”" AND WITH ALL FAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ST MAKES THERE IS NO REPRESENTATIONS WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR WARRANTIES AGAINST INFRINGEMENT WITH RESPECT TO THE LICENSED MATERIALS SOFTWARE AND DOCUMENTATION. THERE IS NO WARRANTY THAT THE SOFTWARE OR PARTS THEREOF WHETHER EXPRESS THE DOCUMENTATION WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR IMPLIEDNEEDS. THERE IS NO IMPLIED WARRANTY OF BENEFIT FOR THE ORDINARY PURPOSES TO WHICH SUCH SOFTWARE OR DOCUMENTATION ARE USED. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT ANY PROBLEMS WILL BE CORRECTED. SHOULD THE SOFTWARE OR ANY OF ITS COMPONENTS PROVE DEFECTIVE OR INADEQUATE IN ANY RESPECT, YOU (AND NOT ANIMBOT OR ITS AFFILIATES OR REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. FURTHER, ANIMBOT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS ABILITY TO DETER UNAUTHORIZED ACCESS, ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SOFTWARE AND ITS PERFORMANCE SOLELY AT YOUR OWN RISK. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND AND/OR FITNESS OF THE SOFTWARE FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY ANIMBOT'S FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. SPECIFICALLYANIMBOT IS NOT LIABLE FOR DELAYS, WITHOUT LIMITING INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE GENERALITY USE OF THE FOREGOING, ST MAKES NO REPRESENTATION INTERNET AND ELECTRONIC COMMUNICATIONS OR WARRANTY THAT (I) OTHER SYSTEMS OUTSIDE THE USE AND DISTRIBUTION REASONABLE CONTROL OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWANIMBOT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL PARTS THEREOF ARE SOFTWARE PROVIDED BY ZEBRA IS PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND FROM ZEBRA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING ZEBRA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SPECIFICALLY, WITHOUT LIMITING ZEBRA DOES NOT WARRANT THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS XXXX INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED “AS IS” AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS XXXX APPLY TO SUCH EMULATION LIBRARIES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR (II) ANY USE AND DISTRIBUTION LIMITATIONS OF IMPLIED WARRANTIES, SO THE LICENSED MATERIALS AND ABOVE EXCLUSIONS OR PARTS THEREOFLIMITATIONS MAY NOT APPLY TO LICENSEE. NO ADVICE OR INFORMATION, WHETHER INTEGRATED INTO OTHER EQUIPMENT ORAL OR NOTWRITTEN, ARE FREE OBTAINED BY LICENSEE FROM INFRINGEMENT ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY ZEBRA OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSORT FROM ZEBRA.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS PRODUCT, SERVICE AND ANY AND ALL PARTS THEREOF SERVICE DATA ARE PROVIDED ON AN “AS IS”. ST MAKES NO REPRESENTATIONS ” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYLICENSOR MAKES NO WARRANTY OR CONDITION AS TO THE ACCURACY, WITHOUT LIMITING COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE GENERALITY PERFORMANCE OR NON-PERFORMANCE OF, THE PRODUCT, SERVICE OR SERVICE DATA INCLUDING THE FAILURE OF A SENDER’S MESSAGE OR COMMUNICATION TO BE TRANSMITTED BY THE PRODUCT, MOBILE APP OR SERVICE OR RECEIVED BY AN INTENDED RECEIVER. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE FOREGOINGPRODUCT, ST MAKES NO REPRESENTATION MOBILE APP, SERVICE AND/OR WARRANTY SERVICE DATA IS AT YOUR SOLE RISK. LICENSOR DOES NOT WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE USE AND DISTRIBUTION PRODUCT, SERVICE AND/OR SERVICE DATA AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR IN THE LICENSED MATERIALS AND EVENT OF AN EMERGENCY OR PARTS THEREOF NOTIFICATION OF AN EMERGENCY; THAT THE PRODUCT, SERVICE OR SERVICE DATA WILL BE UNINTERRUPTED OR ERROR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PRODUCT, AND SERVICE OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, SERVICE DATA ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSVIRUSES OR OTHER HARMFUL COMPONENTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS FURTHER, LICENSOR DOES NOT REPRESENT AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE WARRANT THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN WILL RECEIVE PAYMENT OR GOODS AND SERVICES FROM THIRD PARTIES WHEN CONDUCTING TRANSACTIONS THROUGH THE EXPRESS WARRANTIES IN THIS LLA AND PRODUCT AND/OR SERVICE, THAT NO WARRANTIES ARE MADE BY ST YOU WILL RECEIVE REFUNDS FROM PAYEES, THAT CHARGEBACKS WILL NOT OCCUR, OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTHAT ANY MOBILE PAYMENT READER WILL WORK OR FUNCTION CORRECTLY AND/OR ACCURATELY WITH THE PRODUCT AND/OR SERVICE.

DISCLAIMER OF WARRANTY. To the maximum extent allowed by law, Mpath, its licensors and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through xxxxxxx.xxx. From time to time the porting of a particular game may not be feasible and Mpath may remove any such game from its "Coming Soon" list without any liability to Member. Member is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF XXXXXXX.XXX, ALL SOFTWARE DISTRIBUTED BY MPATH, AND THE INTERNET ARE AT YOUR SOLE RISK. XXXXXXX.XXX AND ALL SOFTWARE DISTRIBUTED BY MPATH AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS MPATH DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH XXXXXXX.XXX. MPATH IS NOT RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES, AND ANY ASSUMES NO RESPONSIBILITY FOR AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS WARRANTY OR WARRANTIES WITH RESPECT REPRESENTATION AS TO THE LICENSED MATERIALS ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT DISTRIBUTED THROUGH XXXXXXX.XXX. MPATH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH XXXXXXX.XXX BY ANY THIRD PARTY, WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR PARTS THEREOF WHETHER SERVICES, AND WILL NOT BEAR ANY RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES, POLICIES OR ACTIONS. MEMBERS USING ANY SUCH PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS RELATING TO THE USE OF SUCH THIRD PARTY CONTENT, SOFTWARE OR SERVICES AND FAILURE TO ABIDE BY THOSE ADDITIONAL TERMS AND CONDITIONS MAY RESULT IN TERMINATION OF MEMBERSHIP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MPATH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE MPATH SERVICE, ALL SOFTWARE DISTRIBUTED BY MPATH, OR THE INTERNET. MPATH MAKES NO WARRANTY THAT XXXXXXX.XXX WILL MEET YOUR REQUIREMENTS, NOR THAT THE XXXXXXX.XXX WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. MPATH DOES NOT MAKE ANY WARRANTY OR [XXXXX] CONFIDENTIAL TREATMENT REQUIRED OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF XXXXXXX.XXX. MPATH ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY MEMBER, INCLUDING, BUT NOT LIMITED TO, IMPLIED FAILURE OF A GAME TO BE PORTED TO MPATH DESPITE ADVERTISING TO THE CONTRARY, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF MPATH, ITS LICENSORS AND SUBCONTRACTORS, OR MEMBER'S OWN ERRORS AND/OR OMISSIONS. Mpath makes no warranty with respect to any related software or hardware used or provided by Mpath in connection with the Service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product. Mpath assumes no responsibility for any actions or liabilities arising from the possession or use of these software or hardware products. Mpath makes no warranty that defects in the software will be corrected or that the Web Site or the server that makes it available is free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from Mpath or through xxxxxxx.xxx shall create any warranty not expressly stated herein. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYOR CONDITIONS, WITHOUT LIMITING THE GENERALITY SO SOME OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY ABOVE EXCLUSIONS MAY NOT APPLY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWYOU.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT WE LICENSE THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED SOFTWARE “AS IS”” AND “AS AVAILABLE” AND WITH ALL FAULTS. ST MAKES NO REPRESENTATIONS WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT IT’S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU. IN PARTICULAR WE DO NOT WARRANT THE ACCURACY OF THE CPT SERVICE CODES AUTOMATICALLY ARRIVED AT BY THE PROGRAM. BILLING BASED ON SERVICE CODES IS ENTIRELY YOUR RESPONSIBILITY AND CPT CODES AUTOMATICALLY GENERATED BY ICANOTES ARE RECOMMENDATIONS THAT REQUIRE FINAL REVIEW AND APPROVAL BY YOU. THE RISKS OF INCORRECT SERVICE CODES ARE ENTIRELY YOURS. ICANOTES DOES NOT MAKE ANY WARRANTY THAT THE CONTENT IN ICANOTES SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. WE, OUR SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL EXPRESS WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON- INFRINGEMENT OR ACCURACY, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, WITHOUT LIMITING NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE GENERALITY SCOPE OF THE FOREGOING, ST MAKES NO REPRESENTATION OR ANY WARRANTY THAT (I) THE USE CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE, OUR SUPPLIERS AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE ACQUISITION OF LICENSES SOFTWARE. IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYAPPLICABLE LAW, ST DISCLAIMS ANY LIABILITY IN CASE ANY THEN SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY IMPLIED WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE FROM US OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWOUR AUTHORIZED DISTRIBUTOR.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST DMS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TOTO THE ACCURACY OR ADEQUACY OF THE SERVICE AND EQUIPMENT, IMPLIED THE MERCHANTABILITY AND FITNESS OF THE SERVICE AND EQUIPMENT FOR A PARTICULAR PURPOSE, NOR THE COMPATIBILITY OF THE SERVICE WITH SUBSCRIBER’S INTENDED USE OF THE SERVICE. THE SERVICE AND EQUIPMENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. FURTHERMORE, DMS RESERVES THE RIGHT TO MAKE CHANGES TO ANY AND ALL PARTS OF THIS SERVICE AND EQUIPMENT, AT ANY TIME, WITHOUT ANY OBLIGATION TO NOTIFY ANY PERSON OR ENTITY OF SUCH CHANGES. TO BE CERTAIN THAT THE SERVICE COMPLIES WITH FEDERAL, STATE, AND LOCAL LAW, YOU MUST CONSULT WITH AND OBTAIN THE OPINION OF THE ATTORNEY OF YOUR CHOICE AND AT YOUR OWN EXPENSE. YOU ASSUME ALL RISKS OF USING THE SERVICE AND EQUIPMENT, AND THE INFORMATION PROVIDED THEREBY IN YOUR BUSINESS OR OTHERWISE. BY SALE AND DELIVERY OF SERVICE AND EQUIPMENT, DMS IS NOT UNDERTAKING TO OFFER OR PROVIDE LEGAL SERVICES. YOU MUST CONSULT WITH AND OBTAIN THE OPINION OF THE ATTORNEY OF YOUR CHOICE AND AT YOUR OWN EXPENSE. YOU ASSUME ALL RISKS OF USING THE SERVICE AND THE INFORMATION PROVIDED THEREBY IN YOUR BUSINESS OR OTHERWISE. FURTHERMORE, DMS DOES NOT WARRANT THAT SERVICE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT IT SHALL MEET DEALERSHIP’S REQUIREMENTS. DEALERSHIP IS SOLELY RESPONSIBLE FOR THE ACCURACY AND INTEGRITY OF ITS OWN DATA, REPORTS, DOCUMENTATION AND SECURITY. EXCEPT AS EXPRESSLY PROVIDED IN XXXXXXXXX 0, XX XXXXXXXX OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY DMS WITH RESPECT TO THE SERVICE, DMS'S OTHER SERVICES OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND DMS SPECIFICALLY DISCLAIMS) ALL WARRANTIES OF TITLE, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING BECAUSE THE GENERALITY OUTPUT OF THE FOREGOINGSERVICE DEPENDS ON THE ACCURACY OF DEALERSHIP'S INPUT AND ACTIONS, ST DMS IS NOT RESPONSIBLE FOR THE CORRECTNESS, ACCURACY, RELIABILITY, CURRENCY OR OTHERWISE OF THE OUTPUT OF THE SERVICE, AND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO, DUE TO THE FACT THAT (I) CORRECT USER INPUT IS REQUIRED FOR ALL DATA PROCESSED TO BE ACCURATE. DEALERSHIP ASSUMES ALL RISK OF USING THE USE AND DISTRIBUTION OUTPUT OF THE LICENSED SERVICE. IN THE EVENT ANY OF DMS'S OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES HAVE MADE ORAL OR WRITTEN STATEMENTS ABOUT THE SERVICE PROVIDED HEREUNDER WHICH CONFLICT WITH ANY OF THE TERMS OF THIS AGREEMENT OR ANY PUBLISHED LITERATURE AND BULLETINS, OR ANY ADVERTISING MATERIALS AND OR PARTS THEREOF WILL PUBLICATIONS, SUCH STATEMENTS SHALL NOT BE UNINTERRUPTED OR ERROR FREEDEEMED WARRANTIES, SHALL NOT BE RELIED UPON BY DEALERSHIP AND OR (II) ANY USE AND DISTRIBUTION SHALL NOT BE DEEMED PART OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWAGREEMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OR PROHIBITED BY APPLICABLE LAW, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE GAF PROPERTY IS PROVIDED “AS IS”” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO YOUR USE, AND THE PERFORMANCE, OF IT IS WITH YOU. ST MAKES SHOULD THE GAF PROPERTY PROVE DEFECTIVE, NO REPRESENTATIONS GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ITS SERVICING AND/OR REPAIR. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS GAF PROPERTY, THE THIRD PARTY PROVIDERS, AND OR PARTS THEREOF WHETHER THE THIRD PARTY MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLYTHE GAF PARTIES DO NOT WARRANT THAT THE GAF PROPERTY OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, WITHOUT LIMITING THE GENERALITY THAT THEIR OPERATION OR YOUR USE OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF THEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN THEM CAN OR WILL BE CORRECTED, OR THAT DATA AND CONTENT PRESENTED BY THEM, OR (II) OTHERWISE DERIVED FROM YOUR USE OF THEM, OR CONTAINED OR MADE AVAILABLE WITHIN THEM WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DECISIONS YOU MAKE BASED ON YOUR ACCESS TO, RECEIPT OF, AND USE AND DISTRIBUTION OF THE LICENSED MATERIALS GAF PROPERTY AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THE THIRD PARTY INTELLECTUAL PROPERTY RIGHTSMATERIALS, INCLUDING, WITHOUT, LIMITATION, ANY INFORMATION OR CONTENT YOU HAVE ACCESS TO OR RECEIVE IN CONNECTION THEREWITH. IT SHALL BE YOUR SOLE RESPONSIBILITY TO INFORMATION TRANSMITTED OVER THE INTERNET OR STORED ON SYSTEMS REACHABLE FROM THE INTERNET IS INHERENTLY INSECURE, AND THE GAF PARTIES DO NOT MAKE SUCH DETERMINATION AS NECESSARY ANY WARRANTY WITH RESPECT TO THE ACQUISITION SECURITY OF LICENSES UNDER PATENTS THE GAF PROPERTY, THE THIRD PARTY MATERIALS, THE THIRD PARTY PROVIDERS, OR THE INFORMATION OR CONTENT TRANSMITTED TO OR BY THEM, WHETHER SUCH INFORMATION OR CONTENT IS TRANSMITTED TO YOUR MOBILE DEVICE OR NETWORK, OR OTHERWISE. THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OR USABILITY OF ANY SECURITY MEASURES FOR THE GAF PROPERTY OR THE THIRD PARTY MATERIALS, OR THAT THEY WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER UNAUTHORIZED ACCESS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS NO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CASE CONNECTION WITH ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSUNAUTHORIZED ACCESS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY LOSS CAUSED BY, ARISING DIRECTLY OR FOR YOU AND BY INDIRECTLY OUT OF, OR FOR RESULTING TO YOUR CUSTOMERSMOBILE DEVICE OR NETWORK. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE RIGHTS CONTAINED IN THIS LLA AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO PROVIDE YOU WITH ACCESS TO AND USE OF THE GAF PROPERTY AND THIRD PARTY MATERIALS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, THE LICENSED PRODUCTS ARE PROVIDED TO LICENSEE “AS-IS” WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED MATERIALS SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, THAT OPERATION WILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE, OR WORK IN COMBINATION WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SYSTEMS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS SET FORTH HEREIN AND ANY AND TO THE EXTENT PERMITTED BY LAW, ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR OTHER WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE ARE EXPRESSLY DISCLAIMED BY LICENSOR AND ITS THIRD-PARTY SUPPLIERS AND AFFILIATES. SPECIFICALLY, WITHOUT LIMITING LICENSEE ACKNOWLEDGES THAT LICENSEE IS RESPONSIBLE FOR THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION SELECTION OF THE LICENSED MATERIALS SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS AND FOR THE INSTALLATION AND/OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEUSE OF, AND OR (II) ANY USE AND DISTRIBUTION OF RESULTS OBTAINED FROM, THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSOFTWARE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SOFTWARE IS PROVIDED IN ACCORDANCE WITH THE TERMS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “CONDITIONS OF THIS AGREEMENT ON AN "AS IS”" BASIS. ST LICENSOR MAKES NO REPRESENTATIONS OF AND SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TOTO WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING, ACCURATE, OR FREE FROM DEFECTS, WHETHER DISCOVERABLE OR NOT. SPECIFICALLY, WITHOUT LIMITING LICENSEE BEARS THE GENERALITY ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE FOREGOINGSOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, ST MAKES LICENSEE ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR THE ENTIRE COST OF ANY SERVICE AND REPAIR IN CONNECTION THEREWITH. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO REPRESENTATION USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. LIMITATION OF LIABILITY. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR WARRANTY THAT (I) EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THE USE AND DISTRIBUTION OF OR INABILITY TO USE ANY PORTION OF THE LICENSED MATERIALS SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREELOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND WITHOUT REGARD TO WHETHER SUCH CLAIM OR (II) ALLEGATION IS BASED IN CONTRACT, TORT, OR ANY USE AND DISTRIBUTION OTHER LEGAL OR EQUITABLE THEORY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSFEES LICENSEE PAID FOR THIS LICENSE (IF ANY). IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW9.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE USER UNDERSTANDS AND AGREES THAT THE LICENSED MATERIALS USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK AND ANY THAT THIS WEBSITE AND ALL PARTS THEREOF INFORMATION, SERVICES, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, SERVICES, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN “AS IS”, “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO USER. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS FULLEST EXTENT PERMITTED BY LAW, JSX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND OR PARTS THEREOF WHETHER EXPRESS OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THIS WEBSITE AND ALL INFORMATION, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE. SPECIFICALLY, NO LICENSE TO USER IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST (I) JSX MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE INFORMATION, MATERIALS, RECORDS OR DOCUMENTS FROM WHATEVER SOURCE, POSTED ON OR REFERRED TO IN THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENT, ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION, MATERIALS, RECORDS OR DOCUMENTS; (II) JSX DOES NOT WARRANT OR REPRESENT THAT USER’S ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER INTERNET WEBSITE IS, OR THE RECORDS, DOCUMENTS, SOFTWARE OR FILES FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (III) JSX DOES NOT REPRESENT OR WARRANT THAT ANY MERCHANDISE OR SERVICES LISTED ON, OR ACCESSED THROUGH, THIS WEBSITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN BY THE LISTING VENDOR AT ANY TIME, AND IT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH MERCHANDISE OR SERVICES; AND (IV) JSX DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS OR ANY OTHER ASPECT OF INFORMATION OR SERVICES FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS WEBSITE. PLEASE NOTE THAT (I) SOME JURISDICTIONS MAY NOT ALLOW THE USE AND DISTRIBUTION EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY ABOVE EXCLUSIONS MAY NOT APPLY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWUSER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED The Software and Cloud Services are provided “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” without warranty of any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE AND CLOUD SERVICE MAY BE INTERRUPTED OR CONTAIN ERRORS. INTEL DOES NOT GUARANTEE THAT THE SOFTWARE OR CLOUD SERVICE CANNOT BE COMPROMISED, THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CLOUD SERVICES REMAINS WITH YOU. 5. LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TOTO ANY LOSS, MISAPPROPRIATION, UNAUTHORIZED ACCESS, TAMPERING, MALWARE OR OTHERWISE RELATING TO THE CUSTOMER DATA. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OF MERCHANTABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED AND FITNESS CLOUD SERVICES PROVIDED HEREUNDER ARE NOT DESIGNED OR INTENDED FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING USE IN ANY APPLICATION IN WHICH THE GENERALITY FAILURE OF THE FOREGOINGSOFTWARE OR CLOUD SERVICES COULD LEAD TO PERSONAL INJURY OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED REMEDIES, ST MAKES NO REPRESENTATION WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE OR WARRANTY THAT CLOUD SERVICES WITHOUT SUCH LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (IINCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS CLOUD SERVICES (INCLUDING BUT NOT LIMITED TO CLAIMS, LIABILITY, DAMAGES AND LOSSES RELATED TO CUSTOMER DATA) AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR PARTS THEREOFDEATH ASSOCIATED WITH ANY UNINTENDED USE, WHETHER INTEGRATED INTO OTHER EQUIPMENT EVEN IF SUCH CLAIM ALLEGES THAT INTEL OR NOTAN INTEL AFFILIATE, ARE FREE FROM INFRINGEMENT LICENSORS OR SUPPLIER WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE SOFTWARE OR PROVISION OF THE CLOUD SERVICES. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES6. CONSEQUENTLYCUSTOMER DATA. As between the Parties, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSCustomer Data is and shall remain Your sole property regardless of whether it has been processed by Intel or is in Intel’s possession or control. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSIn no event shall You or Your employees, subcontractors or end users (collectively, “End Users”) transmit credit card or payment information to the Cloud Service at any time. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.You will ensure all collection and transmission of Customer Data, including Personal Information, will comply with all applicable laws and regulations for data protection and privacy, and You will obtain and maintain all necessary notices and consents from End Users to allow: (i) Intel access, monitoring, use and disclosure of this data as required under this Agreement and providing Intel with the ability to do so and

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL PARTS THEREOF ARE SOFTWARE PROVIDED “BY ZEBRA IS PROVIDED "AS IS”. ST MAKES NO REPRESENTATIONS OR " AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND FROM ZEBRA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING ZEBRA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SPECIFICALLY, WITHOUT LIMITING ZEBRA DOES NOT WARRANT THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS XXXX INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED "AS IS" AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH EMULATION LIBRARIES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR (II) ANY USE AND DISTRIBUTION LIMITATIONS OF IMPLIED WARRANTIES, SO THE LICENSED MATERIALS AND ABOVE EXCLUSIONS OR PARTS THEREOFLIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER INTEGRATED INTO OTHER EQUIPMENT ORAL OR NOTWRITTEN, ARE FREE OBTAINED BY YOU FROM INFRINGEMENT ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY ZEBRA OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSORT FROM ZEBRA.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT YOUR USE OF PLOWOPS AND THE LICENSED MATERIALS SITE IS AT YOUR OWN SOLE RISK. PLOWOPS AND ANY AND ALL PARTS THEREOF THE SITE ARE PROVIDED “ON AN "AS IS”' AND "AS AVAILABLE" BASIS. ST MAKES NO REPRESENTATIONS PLOWOPS IS NOT INTENDED FOR VEHICLE NAVIGATION OR TURN-BY-TURN ROUTING. NEOTREKS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WHICH ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST NEOTREKS MAKES NO REPRESENTATION REPRESENTATION, WARRANTY, OR WARRANTY GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF PLOWOPS AND THE SITE. NEOTREKS DOES NOT REPRESENT OR WARRANT THAT (IA) THE USE AND DISTRIBUTION OF PLOWOPS OR THE LICENSED MATERIALS AND OR PARTS THEREOF SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREEERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) PLOWOPS AND THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA OR MAPS WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (IIE) ANY USE PLOWOPS AND DISTRIBUTION OF THE LICENSED MATERIALS AND SITE OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT THE SERVER(S) THAT MAKE PLOWOPS OR NOT, THE SITE ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND VIRUSES OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSHARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF OR FROM PLOWOPS OR THE EXPRESS WARRANTIES IN THIS LLA SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INJURY OR HARM THAT MAY RESULT THEREFROM, INCLUDING TO YOUR VEHICLES, COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. PLOWOPS, OR THE SITE MAY BE SUBJECT TO LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEOTREKS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM SUCH PROBLEMS. BY SIGNING THE SERVICE AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT TECHNICAL DIFFICULTIES COULD BE ENCOUNTERED IN CONNECTION WITH THE SERVICES. THESE DIFFICULTIES COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. IN NO WARRANTIES ARE MADE BY ST EVENT WILL NEOTREKS OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY POSSIBLE LOSS, COST OR DAMAGE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES WHICH MIGHT OCCUR AS A RESULT OF OR ARISING OUT OF USING, ACCESSING, INSTALLING, MAINTAINING, MODIFYING, DEACTIVATING OR ATTEMPTING TO ACCESS THE SERVICES OR OTHERWISE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, INCLUDING BUT NOT LIMITED TOREPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. SPECIFICALLYTO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, WITHOUT LIMITING SUCH WARRANTY IS LIMITED IN DURATION TO THE GENERALITY WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. General Terms Applicable to the Limited Warranty Statement and Software License Disclaimer of Liabilities. IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THEORY OF LIABILITY ARISING OUT OF THE USE AND DISTRIBUTION OF OR INABILITY TO USE SOFTWARE EVEN IF CISCO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE LICENSED MATERIALS POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The Warranty and the Software License shall be governed by and construed in accordance with the laws of the State of California, without reference to principles of conflict of laws, provided that for Customers Cisco Systems, Inc. - Proprietary and Confidential Velocita Communications Agreement 53 located in a member state of the European Union, Norway or Switzerland, English law shall apply. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Warranty and the Software License shall remain in full force and effect. Except as expressly provided herein, the Software License constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in the purchase order If Customer has entered into a contract directly with Cisco for supply of the Products subject to this warranty, the terms of that contract shall supersede any terms of this Warranty or the Warranty Card, or the Software License, which are inconsistent with that contract. Customer acknowledges that: the Internet URL address and the web pages referred to in this document may be updated by Cisco from time to time; the version in effect at the date of delivery of the Products to the Customer shall apply. Cisco Systems, Inc. - Proprietary and Confidential Velocita Communications Agreement 54 CISCO SYSTEMS [LOGO](R) -------------------------------------------------------------------------------- EXHIBIT G TERMS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER CONDITIONS FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.CISCO OPTICAL NETWORKING PRODUCTS --------------------------------------------------------------------------------

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 27 THE LICENSED MATERIALS AGREEMENT, THE PRODUCTS AND ANY AND ALL PARTS THEREOF OTHER SERVICES PROVIDED HEREIN ARE PROVIDED “"AS IS”. ST " AND SENAWAVE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SPECIFICALLYNEITHER SENAWAVE NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SENAWAVE'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, WITHOUT LIMITING THE GENERALITY THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SENAWAVE'S OR ITS VENDORS' NEGLIGENCE. NEITHER SENAWAVE NOR ITS VENDORS WILL BE LIABLE FOR MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN SENAWAVE. NEITHER SENAWAVE NOR ITS VENDORS WILL BE LIABLE FOR DELAYS OR INTERUPTIONS IN ACCESS TO OR USE OF THE FOREGOINGSERVICES RESULTING FROM CUSTOMER'S EQUIPMENT, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND INTERNET, OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREETELECOMMUNICATIONS SYSTEMS NOT UNDER SENAWAVE'S CONTROL, AND SENAWAVE SHALL HAVE NO LIABILITY FOR ANY SUCH DELAYS OR (II) ANY USE INTERRUPTIONS. 29. EXCLUSIVE REMEDY. CUSTOMER'S SOLE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFEXCLUSIVE REMEDY, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT WHICH SENAWAVE SHALL BE YOUR SOLE RESPONSIBILITY ENTITLED TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT ELECT IS REPAIR, REPLACEMENT, CREDIT OR, REFUND. SENAWAVE MAY ELECT TO THE ACQUISITION PROVIDE A REFUND IN LIEU OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYCREDIT, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY REPLACEMENT OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWREPAIR.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED MATERIALS APPLICATION AND ANY AND ALL PARTS THEREOF SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS ISAVAILABLE”. ST MAKES NO REPRESENTATIONS OR , WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION GUIDEVUE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED MATERIALS AND APPLICATION THAT THE FUNCTIONS CONTAINED IN OR PARTS THEREOF SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THAT DEFECTS IN THE LICENSED MATERIALS AND APPLICATION OR PARTS THEREOFSERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GUIDEVUE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, WHETHER INTEGRATED INTO OTHER EQUIPMENT YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR NOT, ARE FREE FROM INFRINGEMENT CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF THIRD PARTIES. CONSEQUENTLYA CONSUMER, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE SO THE ABOVE EXCLUSION AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS”. ST ” AND “AS AVAILABLE” AND NextRequest MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WARRANTY OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST NextRequest MAKES NO REPRESENTATION OR WARRANTY THAT (IA) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SERVICE WILL MEET CUTOMER’S REQUIREMENTS, (B) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, AND OR (IIC) ANY USE AND DISTRIBUTION OF REGARDING THE LICENSED MATERIALS AND ACCURACY OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT RELIABILITY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCONTENT. Limitation of Liability. NextRequest WILL NOT BE LIABLE FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF IT SHALL BE YOUR SOLE RESPONSIBILITY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF NextRequest OR ITS SUCCESSORS, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT NextRequest UNDER THIS AGREEMENT. TO THE ACQUISITION EXTENT APPLICABLE LAW PROHIBITS THE FOREGOING LIMITATION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESLIABILITY, NEXTREQUEST’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. CONSEQUENTLYNothing in this Agreement limits or excludes either Party’s liability for any loss or damages resulting from death or personal injury caused by its negligence, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWor any fraud or fraudulent misrepresentation.