Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDA.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE 3M APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KINDAND WITH ALL FAULTS, AND THAT RECIPIENT ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE 3M APP IS WITH USER. SHOULD THE 3M APP PROVE DEFECTIVE, 3M DOES NOT HAVE ANY LIABILITY FOR THE SERVICING AND/OR REPAIR OF USER MOBILE DEVICE OR THE 3M APP. 3M HEREBY DISCLAIMS ALL RISKS AND LIABILITIES ARISING FROM OR RELATING WARRANTIES WITH RESPECT TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER3M APP, EXPRESS OR IMPLIED, AT LAW OR IN EQUITYINCLUDING ANY WARRANTIES OF MERCHANTABILITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICESNON-INFRINGEMENT, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. 3M DOES NOT WARRANT THAT THE 3M APP WILL MEET USER REQUIREMENTS IN ANY RESPECT, THAT THE OPERATION OR USE OF THE 3M APP WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN THE 3M APP CAN OR WILL BE CORRECTED, OR THAT 3M SERVICES OR DATA DERIVED FROM USE OF THE 3M APP OR CONTAINED WITHIN THE 3M APP WILL BE ACCURATE, COMPLETE, TIMELY, OR RELIABLE. 3M DOES NOT WARRANT THAT THE 3M APP WILL BE AVAILABLE AT ANY PARTICULAR PURPOSE TIME OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDEDLOCATION OR ON ANY SPECIFIC MOBILE DEVICE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE 3M APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS MOBILE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE 3M APP. USER ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO 3M TO GRANT THE LICENSE CONTAINED IN THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT AND TO PROVIDE USER WITH ACCESS TO THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDA3M APP.

DISCLAIMER OF WARRANTY. RECIPIENT AMAG HEREBY ACKNOWLEDGES THAT TAKEDA AND AGREES THATITS AFFILIATES DO NOT ORDINARILY PROVIDE THE TRANSITION SERVICES TO THIRD PARTIES AS PART OF THEIR BUSINESS ACTIVITIES. EXCEPT AS EXPRESSLY STATED IN THIS [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETOAS AMENDED. TERMINATION AGREEMENT, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AT LAW OR IN EQUITYINCLUDING WARRANTIES OF MERCHANTABILITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCEFITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMMERCIAL UTILITYOR NON-MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, MERCHANTABILITY ARE MADE OR FITNESS FOR ANY PARTICULAR PURPOSE GIVEN BY OR USE. SUBJECT TO SECTION 3.1 ON BEHALF OF A PARTY, AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES WARRANTIES, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAEXCLUDED.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 13.1 TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO13.3, THE SERVICES PATENTS AND KNOW-HOW PROVIDED BY EACH PARTY HEREUNDER ARE PROVIDED “AS IS,” WITHOUT WARRANTY AND EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW INCLUDING WITHOUT LIMITATION THE WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR IN EQUITYARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES, IN CONNECTION WITH OR ALL CASES WITH RESPECT TO ANY OF THE SERVICES, INCLUDING PATENTS AND KNOW-HOW OR OTHERWISE WITH RESPECT TO ANY REPRESENTATIONS THE ACTIVITIES UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PARTY EXPRESSLY DOES NOT WARRANT (I) THE SUCCESS OF ACTIVITIES PERFORMED PURSUANT TO THIS AGREEMENT OR WARRANTIES IN REGARD TO QUALITY(II) THE SAFETY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY EFFICACY OR FITNESS USEFULNESS FOR ANY PARTICULAR PURPOSE OF THE PATENTS OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT KNOW-HOW IT PROVIDES UNDER THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT OR THE REPRESENTATIONS AND WARRANTIES SUBJECT MATTER OF ANY PERSON UNDER THE SDATHEM.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS AS-IS,” , WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, AT LAW OR IN EQUITYINCLUDING, IN CONNECTION WITH OR WITH RESPECT TO BUT NOT LIMITED TO, ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS IMPLIED CONDITIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY PARTICULAR PURPOSE IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR USE. SUBJECT COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO SECTION 3.1 THE SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY THE EXCHANGE WILL MEET THE USER’S REQUIREMENTS, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. THE REPRESENTATIONS AND EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON UNDER HAVING ACCESS TO THE SDAEXCHANGE AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO THE 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.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES ACCESS TO CLOUD SERVICE PROVIDER’S SERVICE IS PROVIDED UNDER YOUR SEPARATE TERMS AND AGREES THATCONDITIONS WITH SUCH CLOUD SERVICE PROVIDER, EXCEPT AND ONLY WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES FROM VERITAS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR ACCESS OF SERVICE ON A THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENT IS SUBJECT TO CHANGES BY THIRD PARTIES PROVIDING SUCH ENVIRONMENTS WHICH ARE OUTSIDE VERITAS’ CONTROL. VERITAS SHALL NOT BE RESPONSIBLE FOR ANY OUTAGES, DATA LOSS, BUGS, TECHNICAL PROBLEMS, OR OTHER ERRORS CAUSED DIRECTLY OR INDIRECTLY THROUGH YOUR ACCESS TO THE EXTENT PROVIDED IN SECTION 3.1 SERVICE ON SUCH NON- VERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS. YOU SHALL BEAR THE SOLE RISK OF LOSS OF OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF DAMAGE TO ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ DATA THROUGH USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLYSUCH NON-VERITAS, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF THIRD PARTY CLOUD SERVICE PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAENVIRONMENTS.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES THE PARTIES HEREBY EXPRESSLY ACKNOWLEDGE AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, AGREE THAT THE SERVICES AND ANY OTHER THINGS DELIVERED, OR TO BE DELIVERED, BY NW PURSUANT TO THIS AGREEMENT ARE PROVIDED “DELIVERED "AS IS,” WITHOUT WARRANTY OF ANY KIND, WHERE IS" WITH ALL FAULTS AND DEFECTS. NW HEREBY DISCLAIMS, AND THAT RECIPIENT ASSUMES PINNACLE HEREBY WAIVES, RELEASES AND RENOUNCES, ANY AND ALL RISKS OBLIGATIONS AND LIABILITIES ARISING FROM OR RELATING TO ITS OF NW AND RECIPIENT SUBSIDIARIES’ USE RIGHTS, CLAIMS AND REMEDIES OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERPINNACLE AGAINST NW, EXPRESS OR IMPLIED, AT ARISING BY LAW OR IN EQUITYOTHERWISE, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICESFAULT OR DEFECT IN SUCH SERVICES OR ANY OTHER THINGS DELIVERED UNDER THIS AGREEMENT, INCLUDING WITH RESPECT BUT NOT LIMITED TO (A) ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) ANY PARTICULAR PURPOSE IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE COURSE OF DEALING OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETOUSAGE OF TRADE, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED(C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WHETHER OR NOT ARISING FROM NW'S NEGLIGENCE, ACTUAL OR IMPUTED; PROVIDED, HOWEVER, THAT THIS AGREEMENT SHALL PROVISION DOES NOT IN APPLY TO A TORT CLAIM ARISING FROM NW'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND (D) ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY PERSON UNDER THE SDAOTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

DISCLAIMER OF WARRANTY. Section 1.2 RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDA.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES a. YOU ACKNOWLEDGE AND AGREES THAT, EXCEPT AND ONLY TO AGREE THAT THE EXTENT SOFTWARE IS PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “"AS IS,” ", WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER KIND BY XEROX OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERLICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AT LAW WHETHER CREATED BY STATUTE OR IN EQUITYOTHERWISE, IN CONNECTION WITH OR WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITYFITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR FITNESS FOR ANY NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDEDREQUIREMENTS, THAT THIS AGREEMENT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF XEROX, ARE ALSO DISCLAIMED. THE WARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE THE WARRANTEES HEREUNDER SHALL NOT IN ANY WAY LIMIT BE THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAMINIMUM REQUIRED BY LAW.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THE MAXIMUM EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETOPERMITTED BY APPLICABLE LAW, (1) THE SERVICES ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES (2) WE EXPRESSLY DISCLAIM ALL RISKS REPRESENTATIONS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERKIND, EXPRESS OR IMPLIED, AT LAW OR IN EQUITYINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE OR USENON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SUBJECT TO SECTION 3.1 AND ANNEX B HERETOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WE MAKE NO WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDTHAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; PROVIDED(II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT MAY BE OBTAINED FROM THE REPRESENTATIONS AND WARRANTIES USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PERSON UNDER SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SDASERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) IN RELATION TO THE PAYMENT OF ANY REFUNDS, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, WE MAKE NO REPRESENTATION OR WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES YOU ACKNOWLEDGE AND AGREES THAT, EXCEPT AND ONLY TO AGREE THAT THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE LICENSED SOFTWARE IS PROVIDED “AS IS,” ”, WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER KIND BY XEROX OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERLICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AT LAW WHETHER CREATED BY STATUTE OR IN EQUITYOTHERWISE, IN CONNECTION WITH OR WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITYFITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR FITNESS FOR ANY NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET YOUR PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDEDREQUIREMENTS, THAT THIS AGREEMENT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE CAN OR WILL BE CORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF XEROX, ARE ALSO DISCLAIMED. THE WARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE THE WARRANTIES HEREUNDER SHALL NOT IN ANY WAY LIMIT BE THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAMINIMUM REQUIRED BY LAW.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THATEXCEPT FOR THE WARRANTIES SET FORTH IN THIS ARTICLE 8, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETOJUNO MAKES NO WARRANTY, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN CONNECTION WITH OR AND SPECIFICALLY DISCLAIMS ANY WARRANTY WITH RESPECT TO ANY THE JUNO SERVICE OF THE SERVICESMERCHANTABILITY, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY NONINFRINGEMENT OR FITNESS FOR ANY A PARTICULAR PURPOSE PURPOSE. SPECIFICALLY, AT&T ACKNOWLEDGES AND UNDERSTANDS THAT JUNO MAY ENCOUNTER TECHNICAL OR USEOTHER DIFFICULTIES WHICH MAKE PROVIDING THE JUNO SERVICE UNFEASIBLE OR REQUIRE JUNO TO ALTER THE CONTENT OR STRUCTURE OF THE JUNO SERVICE IN ITS CURRENT FORM. SUBJECT IN THE EVENT THAT JUNO ENCOUNTERS SUSTAINED TECHNICAL DIFFICULTIES WHICH HAVE A MATERIAL ADVERSE EFFECT ON THE ABILITY OF JUNO TO SECTION 3.1 AND ANNEX B HERETOPROVIDE ADVERTISING IMPRESSIONS TO AT&T AS CONTEMPLATED UNDER THIS AGREEMENT, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THEN AT&T SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT UPON FIFTEEN DAYS PRIOR WRITTEN NOTICE, WITH NO FURTHER OBLIGATION TO JUNO (EXCEPT THAT AT&T SHALL NOT IN PAY TO JUNO ANY WAY LIMIT MARKETING DEVELOPMENT COSTS, AT&T SUBSCRIBER REVENUES AND AT&T SUBSCRIBER ROYALTIES INCURRED OR ACCRUED THROUGH THE REPRESENTATIONS AND WARRANTIES DATE OF ANY PERSON UNDER THE SDATERMINATION).

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THATEXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN ANY DEVELOPMENT PLAN (INCLUDING, EXCEPT AND ONLY WITHOUT LIMITATION, WITH RESPECT TO WARRANTIES RELATING TO THE EXTENT PROVIDED SUPPLY OF THE API IN SECTION 3.1 NANOPARTICLES BY MIDATECH AND THE MANUFACTURE OF THIN FILM BY MSRX), NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR ANNEX B HERETOREPRESENTATION BY EITHER PARTY (I) REGARDING THE EFFECTIVENESS, VALUE, SAFETY, NON TOXICITY, OR PATENTABILITY, OF ANY PATENT TECHNOLOGY, THE SERVICES ARE PRODUCTS OR ANY INFORMATION OR RESULTS PROVIDED “BY EITHER PARTY PURSUANT TO THIS AGREEMENT OR (II) THAT THE PRODUCTS WILL BE APPROVED OR OTHERWISE SUCCESSFULLY DEVELOPED OR COMMERCIALIZED. EACH PARTY EXPLICITLY ACCEPTS ALL OF THE SAME AS IS,” WITHOUT WARRANTY OF ANY KINDEXPERIMENTAL AND FOR DEVELOPMENT PURPOSES, AND THAT RECIPIENT ASSUMES ALL RISKS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY FROM THE OTHER PARTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY EXPRESSLY DISCLAIMS, WAIVES, RELEASES, AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES RENOUNCES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERWARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITYINCLUDING, IN CONNECTION WITH OR WITH RESPECT TO WITHOUT LIMITATION, ANY WARRANTY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAPURPOSE.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES PRODUCTS EXCEPT AS SPECIFIED IN SECTION 6 ABOVE WITH RESPECT TO VALID WARRANTY CLAIMS, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND AGREES THATWARRANTIES INCLUDING, EXCEPT AND ONLY WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF 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 PROVIDED ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SENSERA, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN SECTION 3.1 DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR ANNEX B HERETOJURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KINDABOVE LIMITATION MAY NOT APPLY. THESE WARRANTIES GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM OR RELATING JURISDICTION TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICESJURISDICTION. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAThis disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES MYRENTPORTAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITES AND AGREES THAT, EXCEPT AND ONLY TO DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, SITES. THE SERVICES SITES ARE PROVIDED “AS "AS-IS,” " WITHOUT WARRANTY OF ANY KINDWARRANTY, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. MYRENTPORTAL DISCLAIMS ALL WARRANTIES, AT LAW OR IN EQUITYINCLUDING, IN CONNECTION WITH OR WITH RESPECT TO BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF THE SERVICESNON-INFRINGEMENT, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITYTITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY PARTICULAR PURPOSE WARRANTY THAT THE SITE IS FREE OF VIRUSES OR USEOTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO SECTION 3.1 EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES IS ACQUIRED AT YOUR OWN DISCRETION AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS RISK AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT RESULTS FROM THE REPRESENTATIONS AND WARRANTIES DOWNLOAD OF ANY PERSON UNDER THE SDASUCH MATERIAL.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND AGREES THATSUPPLIERS MAKE, EXCEPT NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND ONLY TO SUPPLIERS EXPRESSLY DISCLAIM THE EXTENT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, 2-312(3) OF THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW UNIFORM COMMERCIAL CODE AND/OR IN EQUITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDA.

DISCLAIMER OF WARRANTY. RECIPIENT RELATING TO POOL. APPLICANT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THAT THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE POOL SERVICES ARE PROVIDED “"AS IS,” WITHOUT WARRANTY OF ANY KIND, " AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES POOL MAKES ANY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, AT LAW STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF SUCH POOL SERVICES OR THAT ANY OF SUCH POOL SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS HAVE OR WILL BE CORRECTED, OR THAT SUCH POOL SERVICES WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, POOL DISCLAIMS ALL WARRANTIES OF REASONABLE SKILL OR CARE. IN EQUITYNO EVENT WILL POOL BE LIABLE TO REGISTRAR OR PARTICIPANT FOR ANY FAILURE, IN CONNECTION WITH DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE POOL SERVICES. POOL'S SOLE LIABILITY, AND REGISTRAR'S SOLE REMEDY, WITH RESPECT TO ANY SUCH WARRANTY WILL BE POOL'S OBLIGATION TO CORRECT ERRORS WITH A LEVEL OF EFFORT COMMENSURATE WITH THE SEVERITY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAERROR.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT ALL CISCO TECHNOLOGY PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE UNDER THIS AGREEMENT IS PROVIDED “AS IS,” AND WITHOUT WARRANTY SUPPORT OF ANY KIND. MEMBER ACKNOWLEDGES THAT THE CISCO TECHNOLOGY IS A PROTOTYPE THAT IS NOT COMMERCIALLY AVAILABLE, HAS NOT BEEN TESTED, HAS NOT COMPLETED SECURITY VALIDATION, AND MAY CONTAIN DEFECTS. MEMBER UNDERSTANDS AND ACKNOWLEDGES THAT RECIPIENT ASSUMES CISCO TECHNOLOGY PROVIDED HEREUNDER IS NOT IN FINAL FORM OR FULLY FUNCTIONAL, MAY CONTAIN ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS, AND MAY RESULT IN UNPREDICTABLE PERFORMANCE, INCLUDING LOSS OR EXPOSURE OF DATA OR OTHER DAMAGE. TO THE GREATEST EXTENT PERMITTED BY LAW, CISCO DISCLAIMS ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICESSUCH CISCO TECHNOLOGY, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS MODIFICATIONS AND IMPROVEMENTS THERETO, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CISCO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES IN REGARD TO QUALITY, PERFORMANCEOF MERCHANTABILITY, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CISCO DOES NOT REPRESENT OR WARRANT THAT ANY PARTICULAR PURPOSE CISCO TECHNOLOGY DISCLOSED AS PART OF THIS PROGRAM WILL EVER BE COMMERCIALIZED OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT RELEASED IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAA PRODUCT OR SERVICE.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS AS-IS,” , WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, AT LAW INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR IN EQUITYWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, IN CONNECTION WITH ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY OF THE SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, INCLUDING WITH RESPECT MADE AVAILABLE TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITYUSER, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY THE EXCHANGE WILL MEET USER’S REQUIREMENTS, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. THEEXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON UNDER HAVINGACCESS TO THE SDASERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY ANOTHER PERSON HAVING ACCESS TO THE SERVICES 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.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO 11.1 THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SAAS SERVICES ARE PROVIDED SUPPLIED “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. GRASS VALLEY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. GRASS VALLEY DOES NOT WARRANT THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM THE SAAS SERVICES WILL MEET YOUR REQUIREMENTS OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THAT THE SERVICESSAAS SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS IN THE SAAS SERVICES WILL BE CORRECTED. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRASS VALLEY OR ITS AUTHORIZED REPRESENTATIVES MAKES ANY REPRESENTATIONS SHALL CREATE A WARRANTY OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT INCREASE THE REPRESENTATIONS SCOPE OF GRASS VALLEY’S OBLIGATIONS UNDER THIS AGREEMENT. YOU HEREBY WAIVE ANY AND WARRANTIES ALL CLAIMS THAT YOU MAY HAVE AGAINST GRASS VALLEY ARISING OUT OF THE SAAS SERVICES OR THIS AGREEMENT. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE SAAS SERVICES AND ANY PERSON UNDER THE SDAOTHER SERVICES PROVIDED BY GRASS VALLEY HEREUNDER IS AT YOUR SOLE RISK.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS IS,” -IS, WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, AT LAW INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR IN EQUITYWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, IN CONNECTION WITH ANY IMPLIED W ARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY OF THE SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, INCLUDING WITH RESPECT MADE AVAILABLE TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITYUSER, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, DISCLAI MED. THERE IS NO GUARANTY THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND SERVICES INTERRUPTION. IEX GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON UNDER HAVING ACCESS TO THE SDASERVICES AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY ANOTHER PERSON HAVING ACCESS TO THE SERVICES 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.

DISCLAIMER OF WARRANTY. RECIPIENT RELATING TO POOL. APPLICANT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO THAT THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE POOL SERVICES ARE PROVIDED “"AS IS,” WITHOUT WARRANTY OF ANY KIND, " AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES POOL MAKES ANY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, AT LAW STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF SUCH POOL SERVICES OR THAT ANY OF SUCH POOL SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS HAVE OR WILL BE CORRECTED, OR THAT SUCH POOL SERVICES WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, POOL DISCLAIMS ALL WARRANTIES OF REASONABLE SKILL OR CARE. IN EQUITYNO EVENT WILL POOL BE LIABLE TO REGISTRAR OR PARTICIPANT FOR ANY FAILURE, IN CONNECTION WITH DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE POOL SERVICES. XXXX'S SOLE LIABILITY, AND REGISTRAR'S SOLE REMEDY, WITH RESPECT TO ANY SUCH WARRANTY WILL BE POOL'S OBLIGATION TO CORRECT ERRORS WITH A LEVEL OF EFFORT COMMENSURATE WITH THE SEVERITY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAERROR.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND AGREES THATCONDITIONS PROVIDED IN THIS AGREEMENT AND THE ENTRUST WAP SERVER CERTIFICATION PRACTICE STATEMENT, EXCEPT AND ONLY ENTRUST WAP SERVER CERTIFICATES, ACCESS TO THE EXTENT ENTRUST WAP REPOSITORY, AND ANY OTHER INFORMATION OR SERVICES PROVIDED BY ENTRUST IN SECTION 3.1 OR ANNEX B HERETO, RESPECT TO THE SERVICES VERIFICATION OF DIGITAL SIGNATURES IN THE WAP/WTLS ENVIRONMENT ARE PROVIDED “"AS IS,” WITHOUT WARRANTY OF ANY KIND", AND THAT RECIPIENT ASSUMES ALL RISKS ENTRUST MAKES NO REPRESENTATIONS AND LIABILITIES ARISING FROM GIVES NO WARRANTIES, OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLYCONDITIONS, SUBJECT TO SECTION 3.1 AND ANNEX B HERETOWHETHER EXPRESS, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW STATUTORY, BY USAGE OF TRADE, OR IN EQUITYOTHERWISE, IN CONNECTION WITH OR WITH RESPECT TO AND ENTRUST SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF THE SERVICESMERCHANTABILITY, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE OR USEPURPOSE. SUBJECT TO SECTION 3.1 EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT CONDITIONS PROVIDED IN THIS AGREEMENT AND THE ENTRUST WAP SERVER CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF OR RELIANCE ON ANY ENTRUST WAP SERVER CERTIFICATES, THE ENTRUST WAP REPOSITORY, AND ANY OTHER INFORMATION OR SERVICES PROVIDED BY ENTRUST IN RESPECT TO THE VERIFICATION OF DIGITAL SIGNATURES IN THE WAP/WTLS ENVIRONMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDABE BORNE SOLELY BY YOU.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES THE FOREGOING LIMITED EXPRESS WARRANTY IS THE SOLE AND AGREES THATEXCLUSIVE WARRANTY OF MERCURY AND ITS LICENSORS WITH RESPECT TO THE MERCURY SOFTWARE AND MEDIA AND THEIR USE, EXCEPT AND ONLY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND MERCURY AND ITS LICENSORS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXXXX SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIRD PARTY SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING THE ABOVE, TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITYA THIRD PARTY LICENSOR, IN CONNECTION ITS AGREEMENT WITH OR MERCURY, PROVIDES A SOFTWARE WARRANTY WITH RESPECT TO ANY OF ITS PRODUCT AND EXPLICITLY AUTHORIZES MERCURY TO PASS THROUGH SUCH WARRANTY TO LICENSEE, MERCURY SHALL PASS THROUGH SUCH WARRANTY TO LICENSEE IN THE SERVICES, INCLUDING WITH RESPECT MANNER AND TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL THE EXTENT AUTHORIZED BY SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDATHIRD PARTY LICENSOR.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THATCustomer acknowledges and agrees that NET2EZ exercises no control over, and accepts no responsibility for, the content of the information passing through NET2EZ’s host computers, network hubs and points of presence (the “NET2EZ Network”) or the Internet. EXCEPT AND ONLY TO FOR THE EXTENT SERVICE LEVEL OBLIGATIONS PROVIDED IN SECTION 3.1 OR ANNEX B HERETOUNDER EXHIBIT A OF THIS AGREEMENT, NEITHER NET2EZ, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY LIKE MAKE ANY WARRANTIES OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS EITHER EXPRESSED OR IMPLIED, AT LAW OR IN EQUITYINCLUDING, IN CONNECTION WITH OR WITH RESPECT TO ANY BUT NOT LIMITED TO, WARRANTIES OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY PARTICULAR PURPOSE OR USEEQUIPMENT NET2EZ PROVIDES. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT EXCEPT FOR THE SERVICE LEVEL OBLIGATIONS PROVIDED UNDER EXHIBIT A OF THIS AGREEMENT SHALL (i) NEITHER NET2EZ, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT IN BE INTERRUPTED OR ERROR FREE; NOR DO ANY WAY LIMIT OF THEM MAKE ANY WARRANTY AS TO THE REPRESENTATIONS AND WARRANTIES ACCURACY, RELIABILITY OR CONTENT OF ANY PERSON UNDER INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SDASERVICES; AND (ii) NET2EZ IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CLIENTELE VIA THE SERVICE(S) PROVIDED BY NET2EZ.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES THE SOFTWARE AND AGREES THAT, EXCEPT AND ONLY ANY SERVICES RELATED TO THE EXTENT SOFTWARE PROVIDED IN SECTION 3.1 BY MEDICITY AND/OR ANNEX B HERETO, THE SERVICES ITS RESELLERS AND OTHER SOFTWARE VENDORS ARE PROVIDED UNDER THIS LICENSE ON AN “AN IS”, “AS IS,AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS EITHER EXPRESSED OR IMPLIED, AT LAW INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE OR IN EQUITYSERVICES ARE FREE OF DEFECTS, IN CONNECTION WITH MERCHANTABLE, FIT FOR A PATICULAR PURPOSE OR WITH RESPECT TO ANY NON-INFRINGING OR THAT THE OPERATION OF THE SERVICESSOFTWARE OR SERVICES WILL BE UNITERRUPTED, INCLUDING TIMELY OR ERROR-FREE; OR THAT THE INFORMATION PROVIDED BY A PARTICIPANT REGARDING THE PARTICIPANT’S MEDICAL SPECIALTY ACCESSED VIA THE SOFTWARE IS ACCURATE. ANY QUESTION ABOUT A PARTICIPATING PRACTICE’S OR PROVIDER’S SPECIALTY SHOULD BE DIRECTLY ADDRESSED WITH RESPECT THE PRACTICE OR PROVIDER IN QUESTION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICES ARE WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY REPRESENTATIONS SOFTWARE OR WARRANTIES IN REGARD SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. THIS AGREEMENT DOES NOT OBLIGATE MEDICITY OR ITS RESELLERS AND OTHER SOFTWARE VENDOR TO QUALITYPROVIDE ANY SERVICES RELATED TO THE SOFTWARE OR ANY UPDATES TO YOU AND ANY SUCH SERVICES OR UPDATES, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; IF PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT TO YOU AND WILL BE AT THE REPRESENTATIONS AND WARRANTIES SOLE DISCRETION OF ANY PERSON UNDER THE SDAMEDICITY AND/OR ITS RESELLERS.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THATEXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERAND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, AT LAW EITHER IN FACT OR IN EQUITYBY OPERATION OF LAW, IN CONNECTION WITH BY STATUTE OR WITH RESPECT TO OTHERWISE, AND ADVIRNA AND RXi EACH SPECIFICALLY DISCLAIMS ANY OF THE SERVICESOTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO WARRANTY OF QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENT RIGHTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE AND COMMERCIALIZATION OF A ROYALTY-BEARING PRODUCT PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT ANY PARTICULAR PURPOSE OR USE. SUBJECT SALES LEVEL WITH RESPECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAROYALTY-BEARING PRODUCT WILL BE ACHIEVED.

DISCLAIMER OF WARRANTY. RECIPIENT THE RESELLER ACKNOWLEDGES AND AGREES THATTHAT EXCEPT FOR THE WARRANTY PROVIDED IN THE DIVISION'S LIMITED WARRANTY CARD ENCLOSED WITH OR ACCOMPANYING THE PRODUCTS, EXCEPT AND ONLY NO WARRANTIES WITH REGARD TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETOPRODUCTS, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY WHETHER OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE OR USEOTHERWISE, ARE CREATED BY THIS AGREEMENT. SUBJECT TO THE DIVISION HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED; PROVIDED. 8.5 COMPATIBILITY: The Division hereby disclaims any representations or warranty that the Products are compatible with any combination of non-Sony products the Reseller and/or its Customer may choose to connect to the Products. It shall be the Reseller's responsibility to determine for itself and the Customers the suitability and compatibility of the Products in each instance. 8.6 PROHIBITED REPRESENTATIONS: Other than the provision of a copy of the Division's Limited Warranty Card to the Customers as provided in Section 8.2, THAT THIS AGREEMENT the Reseller shall make no warranties or representations on behalf of the Division to the Customers or to the trade with respect to any of the Products, unless expressly approved in writing by the Division. -------------------------------------------------------------------------------- SECTION 9.0: INDEMNITY BY THE RESELLER -------------------------------------------------------------------------------- THE RESELLER SHALL NOT IN INDEMNIFY AND HOLD HARMLESS THE DIVISION, SONY ELECTRONICS INC., ITS PARENT COMPANY, SONY CORPORATION OF AMERICA, AND THE SUBSIDIARY AND AFFILIATED COMPANIES OF EACH AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY WAY LIMIT CLAIMS, SUITS, LIABILITIES, LOSSES, FINES, PENALTIES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES AND COSTS) ARISING FROM OR INCIDENT TO THE REPRESENTATIONS AND WARRANTIES RESELLER'S BREACH OF ANY PERSON ITS OBLIGATIONS UNDER THE SDA.SECTIONS 1.2, 2.0(c), 2.0(h) OR 8.6

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 8.1 AND AGREES THAT, EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES 8.2 NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERAND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, AT LAW EITHER IN FACT OR IN EQUITYBY OPERATION OF LAW, IN CONNECTION WITH BY STATUTE OR WITH RESPECT TO OTHERWISE, AND ADVIRNA AND RXI EACH SPECIFICALLY DISCLAIMS ANY OF THE SERVICESOTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO WARRANTY OF QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENT RIGHTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE AND COMMERCIALIZATION OF A ROYALTY-BEARING PRODUCT PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT ANY PARTICULAR PURPOSE OR USE. SUBJECT SALES LEVEL WITH RESPECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAROYALTY-BEARING PRODUCT WILL BE ACHIEVED.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES THE FOREGOING LIMITED EXPRESS WARRANTY IS THE SOLE AND AGREES THATEXCLUSIVE WARRANTY OF MERCURY AND ITS LICENSORS WITH RESPECT TO THE MERCURY SOFTWARE AND MEDIA AND THEIR USE, EXCEPT AND ONLY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND MERCURY AND ITS LICENSORS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERCURY SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIRD PARTY SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING THE ABOVE, TO THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITYA THIRD PARTY LICENSOR, IN CONNECTION ITS AGREEMENT WITH OR MERCURY, PROVIDES A SOFTWARE WARRANTY WITH RESPECT TO ANY OF ITS PRODUCT AND EXPLICITLY AUTHORIZES MERCURY TO PASS THROUGH SUCH WARRANTY TO LICENSEE, MERCURY SHALL PASS THROUGH SUCH WARRANTY TO LICENSEE IN THE SERVICES, INCLUDING WITH RESPECT MANNER AND TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL THE EXTENT AUTHORIZED BY SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDATHIRD PARTY LICENSOR.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES XXXXXX UNDERSTANDS AND AGREES THAT, EXCEPT AND ONLY TO THAT THE EXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETOPLATFORM, THE ACCESS METHOD, DATA, CUSTOM MODIFICATIONS, WORK PRODUCT, DELIVERABLES, OR OTHER MATERIALS CREATED BY OR ON BEHALF OF APOLLO UNDER ANY SOW, AND ALL SERVICES OR MATERIALS OF ANY KIND PROVIDED BY APOLLO ARE PROVIDED “AS IS,” ”. THE APOLLO PARTIES SPECIFICALLY DISCLAIM, WITHOUT WARRANTY OF ANY KINDLIMITATION, AND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVERTO XXXXXX, WHETHER EXPRESS OR IMPLIED, AT LAW INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. XXXXXX DOES NOT WARRANT THAT THE DATA WILL BE ACCURATE OR COMPLETE OR THAT THE DATA OR THE PLATFORM, ACCESS METHOD, CUSTOM MODIFICATIONS, WORK PRODUCT, DELIVERABLES, OR OTHER MATERIALS CREATED BY OR ON BEHALF OF APOLLO UNDER ANY SOW, WILL BE ACCESSIBLE OR ERROR FREE. APOLLO PROVIDES NO WARRANTIES REGARDING OR RELATING TO ANY TRANSACTIONS, INCLUDING WITHOUT LIMITATION ANY TRADES, THAT ARE PERFORMED THROUGH OR IN EQUITY, IN CONNECTION CONJUNCTION WITH THE PLATFORM OR WITH RESPECT TO ANY USING THE DATA. XXXXXX’X USE OF THE SERVICES, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDADATA IS AT ITS OWN RISK.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AND ONLY TO FOR THE EXTENT PROVIDED LIMITED WARRANTY SET FORTH IN SECTION 3.1 OR ANNEX B HERETO5, THE SERVICES LICENSED PRODUCTS ARE PROVIDED TO LICENSEE “AS AS-IS,” WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED 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 THAT RECIPIENT ASSUMES TO THE EXTENT PERMITTED BY LAW, ALL RISKS AND LIABILITIES ARISING FROM OR RELATING OTHER WARRANTIES WITH RESPECT TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLYLICENSED PRODUCTS, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS WHETHER EXPRESSED OR IMPLIED, AT LAW STATUTORY OR IN EQUITYOTHERWISE, IN CONNECTION WITH OR WITH RESPECT TO ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE SERVICESMERCHANTABILITY, INCLUDING WITH RESPECT TO ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, NONINFRINGEMENTUSAGE, COMMERCIAL UTILITYOR TRADE PRACTICE ARE EXPRESSLY DISCLAIMED BY LICENSOR AND ITS THIRD-PARTY SUPPLIERS AND AFFILIATES. Licensee acknowledges that Licensee is responsible for the selection of the Licensed Software to achieve Licensee’s intended results and for the installation and/or use of, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETOand results obtained from, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE REPRESENTATIONS AND WARRANTIES OF ANY PERSON UNDER THE SDAthe Licensed Software.