Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.2, PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING OR RELATING TO ANY PORTION OF THE SERVICE OR ANY OTHER MATTER COVERED BY THIS AGREEMENT, THE PRODUCTS . PROVIDER SPECIFICALLY DISCLAIMS ANY AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR ALL IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. PROVIDER DOES NOT GUARANTEE THAT CUSTOMER’S ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING ERROR FREE OR COURSE OF PERFORMANCETHAT ALL ERRORS WILL BE CORRECTED. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC PROVIDER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO THIRD-PARTY HOSTING PROVIDERS WITH WHOM CUSTOMER SEPARATELY CONTRACTS. PROVIDER DOES NOT MAKE ANY LOSS ARISING OUT OF FAILURE OF SUCH WARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES OR APPLICATIONS. CUSTOMER MAY HAVE OTHER EVENTS OUTSIDE STATUTORY RIGHTS, BUT THE DURATION OF OCLC’S REASONABLE CONTROL. ADDITIONALLYSTATUTORILY REQUIRED WARRANTIES, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY IF ANY, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SHORTEST PERIOD PERMITTED BY LAW.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM IS PROVIDED ON AN “AS-IS” BASIS AND PANORAMA DISCLAIMS ANY AND ALL WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ALL OTHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, WITH RESPECT REPRESENTATIONS AND WARRANTIES ARE HEREBY EXCLUDED TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EXTENT ALLOWED BY APPLICABLE LAW. EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT INFRINGEMENT. NEITHER PARTY WARRANTS AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE PRODUCTS OR ANY IMPLIED WARRANTY ARISING SERVICES PROVIDED BY USAGE OF TRADE, COURSE OF DEALING SUCH PARTY OR COURSE OF PERFORMANCEAGAINST INFRINGEMENT. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES NEITHER PARTY WARRANTS THAT THE PRODUCTS AND OR SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR PROVIDED BY SUCH PARTY ARE ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE FREE OR THAT OPERATION OF SUCH THIRD PARTY PARTY’S PRODUCTS OR SERVICES WILL BE SECURE OR UNINTERRUPTED. NEITHER PARTY WILL HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR PARTY TO ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE ON AN AS-IS BASIS. CUSTOMER’S USE OF THE PRODUCTS OR SERVICESSOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, INCLUDING, BUT NOT LIMITED TOAND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT AND ACCURACY (OF DATA OR ANY IMPLIED WARRANTY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF PERFORMANCECUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OTHER PROBLEMS INHERENT IN THE USE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREETHE INTERNET AND ELECTRONIC COMMUNICATIONS. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE ATHELAS IS NOT RESPONSIBLE FOR ANY LOSS DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE ENTIRE RISK ARISING OUT OF FAILURE USE OR PERFORMANCE OF SUCH THIRD PARTY PRODUCTS THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ATHELAS DOES NOT GUARANTEE CONTINUOUS, ERROR- FREE, VIRUS-FREE, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED SECURE OPERATION AND ACCESS TO THE FULLEST EXTENT PERMITTED)SOFTWARE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS WARRANTY IN THIS AGREEMENTSECTION 11.1, THE PRODUCTS ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND SERVICES ARE PROVIDED "AS IS” WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. VOCERA’S SOLE OBLIGATION REGARDING THE IMPLIED WARRANTY OF NONINFRINGEMENT SHALL BE AS SET FORTH IN THE DEFENSE OF CERTAIN CLAIMS SECTION OF THE VOCERA SUPPLEMENTAL TERMS AND CONDITIONS OR TERMS AND CONDITIONS OF QUOTATION, NON-INFRINGEMENT AS APPLICABLE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY IMPLIED WARRANTY ARISING RIGHTS HEREUNDER. ANY STATUTORY PROTECTION IMPOSED BY USAGE LAW IN RELATION TO THE SUPPLY OF TRADESERVICES WHICH CANNOT LAWFULLY BE EXCLUDED, COURSE OF DEALING RESTRICTED OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS MODIFIED OR WARRANTIES THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLEEXTENT PERMITTED BY LAW, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLCEND USER’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, REMEDY IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE RESPECT OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLCSTATUTORY PROVISIONS IS LIMITED, AT VOCERA’S REASONABLE CONTROL. ADDITIONALLYOPTION, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SOLE AND EXCLUSIVE REMEDY STATED IN THE LIMITED SERVICES WARRANTY CLAUSE ABOVE.

Disclaimer. EXCEPT AS EXPRESSLY FOR EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, INRIVER MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, AS TO ANY MATTER WHATSOEVER. INRIVER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INRIVER DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES (INCLUDING ANY SUPPORT SERVICES) WILL BE COMPLETELY ACCURATE OR ERROR FREE OR WILL MEET SUBSCRIBER’S REQUIREMENTS. SUBSCRIBER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATIONS OR WARRANTY ON BEHALF OF SUBSCRIBER TO ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND, SUPPORT SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD ." INRIVER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER LOSS OR DAMAGE RESULTING FROM (A) TRANSFER OF DATA OVER COMMUNICATION NETWORKS SUCH AS THE INTERNET AND/OR (B) INABILITY TO ACCESS OR GET ACCURATE DATA FROM THIRD-PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS SYSTEMS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES APPLICATIONS THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICE IS DEPENDENT ON.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDED HEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR OTHER WARRANTIES OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS STATUTORY OR SERVICESOTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS PURPOSE OR WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. WITH THE PRODUCTS EXCEPTION OF THE EXPRESS WARRANTIES SET FORTH IN SECTION 7.1 ABOVE AND THE SERVICE LEVEL WARRANTY CONTAINED IN EXHIBIT “A”, EXHIBIT “B”, or EXHIBIT “C” ACCORDING TO THE SUPPORT LEVEL INCLUDED ON THE ORDER FORM, STARTEX DOES NOT MAKE ANY WARRANTIES THAT THE SERVICES ARE FREE FROM ANY BUGS, ERRORS OR OMISSIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DURING THE EVALUATION TERM THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. STARTEX WILL ALWAYS NOT BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE RESPONSIBLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS CUSTOMER DATA (OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROLANY DATA RELATED THERETO). ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION THE FOREGOING DISCLAIMERS WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED THE MAXIMUM EXTENT PERMITTED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)APPLICABLE LAW.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION, THE PRODUCTS AND SERVICES THERE ARE NO OTHER WARRANTIES, LIABILITIES OR REMEDIES PROVIDED "AS IS” AND OCLC AND ITS BY AXWAY, AXWAY'S SUPPLIERS OR ANY OTHER THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF SERVICES. OTHER THAN THE PRODUCTS FOREGOING EXPRESS WARRANTIES, THE SERVICE AND THE CONTENT THEREIN ARE PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS. AXWAY MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, OR SERVICESFREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SUBSCRIPTION SERVICE WILL SATISFY CUSTOMER’S SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGAXWAY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY TO IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS RIGHTS. SOME STATES AND SERVICES. HOWEVERJURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL SO THE ABOVE LIMITATION MAY NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CUSTOMER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED "PLATFORM IS BEING DEPLOYED TO YOU “AS IS” AND OCLC KIVUTO AND ITS THIRD PARTY SUPPLIERS DO MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. KIVUTO DOES NOT MAKE ANY REPRESENTATIONS AND CANNOT WARRANT THE PERFORMANCE OR WARRANTIES OF ANY KINDRESULTS YOU MAY OBTAIN BY USING THE PLATFORM. KIVUTO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, KIVUTO DOES NOT WARRANT THAT THE PLATFORM OR ANY SERVICES THEREOF WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR WILL DETECT SECURITY THREATS OR MALICIOUS CODE OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE OR PROVIDED THROUGH THE PLATFORM IS ACCURATE, COMPLETE OR FREE OF VIRUSES, MALICIOUS CODE, INTRUSIONS, SECURITY BREACHES OR OTHER HARMFUL CONTENTS OR COMPONENTS. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH RESPECT TO THE PERFORMANCE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE PRODUCTS OR SERVICES, PLATFORM INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY THE RISKS OF MERCHANTABILITYPROGRAM ERRORS, FITNESS FOR A PARTICULAR PURPOSEDAMAGE TO EQUIPMENT, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE LOSS OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARESOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE LIABILITY SHALL BE LIMITED TO APPROPRIATENESS OF USE THE FULLEST EXTENT PERMITTED)PLATFORM AND ASSUMES ALL RISKS ASSOCIATED WITH ITS USE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE LICENSED DATA IS PROVIDED "“AS IS” AND OCLC “AS AVAILABLE,” AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY QTI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE LICENSED DATA, THE CONTENTS OF THE PRODUCTS LICENSED DATA (INCLUDING WHETHER SUCH CONTENTS MAY IMPLICATE THE PRIVACY, PUBLICITY OR SERVICESINTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY), THE RESULTS OF THE USE OF THE LICENSED DATA OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NONAVAILABILITY, ERROR-INFRINGEMENT FREE OR UNINTERRUPTED OPERATION, AND ANY IMPLIED WARRANTY WARRANTIES ARISING BY FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT QTI MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY WARRANTY, COURSE THE SCOPE AND DURATION OF DEALING OR COURSE SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. THE DETERMINATION OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE SUITABILITY OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE THE LICENSED DATA FOR ANY USE IS THE RESPONSIBILITY OF LICENSEE, AND LICENSEE ASSUMES ALL RISK OF DAMAGE OR LOSS ARISING OUT RESULTING FROM THE USE OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)LICENSED DATA.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY PATENT RIGHTS, NONCONFIDENTIAL INFORMATION OR KNOW-INFRINGEMENT HOW OF SUCH PARTY OR ANY IMPLIED WARRANTY ARISING LICENSE GRANTED BY USAGE OF TRADESUCH PARTY HEREUNDER, COURSE OF DEALING OR COURSE OF PERFORMANCEWITH RESPECT TO ANY COMPOUNDS, INCLUDING BUT NOT LIMITED TO THE TRANSFERRED MATERIALS, OR PRODUCTS. OCLC FURTHERMORE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES NO ANY REPRESENTATIONS OR WARRANTIES THAT ANY PATENT, PATENT APPLICATION, OR OTHER PROPRIETARY RIGHTS INCLUDED IN PATENT RIGHTS, CONFIDENTIAL INFORMATION OR KNOW-HOW LICENSED BY SUCH PARTY TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OTHER PARTY HEREUNDER ARE VALID OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE ENFORCEABLE OR THAT USE OF SUCH THIRD PARTY PRODUCTS PATENT RIGHTS, CONFIDENTIAL INFORMATION OR SERVICES KNOW-HOW CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER EVENTS OUTSIDE INTELLECTUAL PROPERTY RIGHTS OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTSECTION 8, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ▇▇▇▇▇ MAKES NO ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KINDKIND WHETHER EXPRESS, EXPRESS IMPLIED (EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW), WITH RESPECT OR STATUTORY, AS TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MATTER WHATSOEVER. ▇▇▇▇▇ EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT INFRINGEMENT. ▇▇▇▇▇ DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEAGAINST INFRINGEMENT. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES ▇▇▇▇▇ DOES NOT WARRANT THAT THE PRODUCTS AND SOFTWARE OR SUPPORT SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ARE ERROR-FREEFREE OR THAT OPERATION OF THE SOFTWARE WILL BE SECURE OR UNINTERRUPTED. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS ▇▇▇▇▇ EXERCISES NO CONTROL OVER AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR EXPRESSLY DISCLAIMS ANY LOSS LIABILITY ARISING OUT OF FAILURE OR BASED UPON THE CUSTOMER’S USE OF SUCH THIRD PARTY PRODUCTS THE SOFTWARE OR SERVICES OR OTHER EVENTS OUTSIDE ANY DECISIONS CUSTOMER MAKES AS A RESULT OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY USING THE SOFTWARE. THIS SECTION CUSTOMER WILL NOT APPLY HAVE THE RIGHT TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF ▇▇▇▇▇ TO THE FULLEST EXTENT PERMITTED)ANY THIRD PARTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCONTENT ON THE Incidentshare, THE PRODUCTS INCLUDING WITHOUT LIMITATION, MATERIALS, AND SERVICES ARE PRODUCED CONTENT, IS PROVIDED "ON AN “AS IS” BASIS WITH NO WARRANTY. 9.a. Incendium, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS NO REPRESENTATION OR WARRANTIES WARRANTY OF ANY KINDKIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE Incidentshare AND DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Incendium, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY (I) WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-; (II) WARRANTIES AGAINST INFRINGEMENT OR OF ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS INTELLECTUAL PROPERTY OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).PROPRIETARY RIGHTS;

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH SPECIFIED IN THIS AGREEMENTTHE LIMITED WARRANTY STATEMENT SPECIFIED IN PARTB.12.1 ABOVE, TO THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF KNOWN TO CISCO), NON-INFRINGEMENT NONINFRINGEMENT, SATISFACTORY QUALITY OR ANY ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED EXCLUDED, SUCH WARRANTY IS, TO THE EXTENT PERMITTED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LAW, LIMITED TO THE FULLEST EXTENT PERMITTED).90-DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. REGISTERED PARTNER SHALL NOT MAKE ANY WARRANTY COMMITMENT BEYOND THE LIMITED WARRANTY REFERENCED IN PART B.12.1 OR AS OTHERWISE SPECIFIED IN PART

Disclaimer. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONBOARD EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO ONBOARD AND THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS ARISING BY LAW, CUSTOM, PRIOR ORAL OR SERVICESWRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE STATEMENTS REGARDING CAPACITY OR SUITABILITY OR PERFORMANCE OF TRADEONBOARD AND THE SERVICES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COURSE PASSAGEWAYS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES ONBOARD WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERFREE OR BE FREE FROM LOSS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYSECURITY INTRUSION, UNDER AND YOU AGREE THAT PASSAGEWAYS SHALL HAVE NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY LIABILITY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)YOU RELATING THERETO.

Disclaimer. RECIPIENT HEREBY ACKNOWLEDGES THAT PROVIDER AND ITS AFFILIATES DO NOT ORDINARILY PROVIDE THE SERVICES CONTEMPLATED UNDER THIS AGREEMENT TO THIRD PARTIES AS PART OF THEIR RESPECTIVE BUSINESS ACTIVITIES. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, RECIPIENT ACKNOWLEDGES AND AGREES THAT THE PRODUCTS AND SERVICES ARE PROVIDED "“AS IS” ”, THAT RECIPIENT ASSUMES ALL RISK AND OCLC LIABILITY ARISING FROM OR RELATING TO ITS USE AND RELIANCE UPON THE SERVICES, AND NEITHER PROVIDER NOR ITS THIRD PARTY SUPPLIERS DO NOT MAKE AFFILIATES NOR ANY OF THEIR RESPECTIVE REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, BY STATUTE OR OTHERWISE, IN CONNECTION WITH OR WITH RESPECT TO THE PERFORMANCE ANY OF THE PRODUCTS OR SERVICES. PROVIDER AND ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES DISCLAIM ALL OTHER EXPRESS AND ALL IMPLIED WARRANTIES RELATING TO THE SERVICES, INCLUDINGINCLUDING IMPLIED WARRANTIES OF QUALITY, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ALL WARRANTIES ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT TRADE AND THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE NON-INFRINGEMENT OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTIES.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS SECTION 11 (“LIMITED WARRANTIES”) ARE EXCLUSIVE AND SERVICES THERE ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDNO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, AND DHS HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AND TITLE. DHS DOES NOT GUARANTEE THAT THE SOFTWARE, EQUIPMENT OR SERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. DHS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD-PARTY SOFTWARE OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHIRD-PARTY EQUIPMENT. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC DHS'S THIRD PARTY SUPPLIERS OF ANY COMPONENT OF THE DHS SOFTWARE, HOSTED SERVICES OR DHS EQUIPMENT BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY LOSS DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF A DATA UNDER THIS AGREEMENT OR A SECURITY BREACH ORIGINATING OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT BENEFICIARIES OF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)FOREGOING SENTENCE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTSECTION 6, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ONSOLVE MAKES NO REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR IMPLIEDIMPLIED (IN FACT OR BY OPERATION OF LAW), WITH RESPECT OR STATUTORY, AS TO ANY MATTER WHATSOEVER INCLUDING THAT THE PERFORMANCE SERVICES OR THE DOCUMENTATION ARE ERROR-FREE OR THAT OPERATION OR USE OF THE PRODUCTS SERVICES WILL BE SECURE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY UNINTERRUPTED. ONSOLVE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE INFRINGEMENT. THE SUBSCRIPTION SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHE INTERNET AND ELECTRONIC COMMUNICATIONS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE ONSOLVE IS NOT RESPONSIBLE FOR ANY LOSS DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS AND SHALL NOT HAVE ANY LIABILITY FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE ARISING OUT OF FROM FAILURE OF THE SUBSCRIPTION SERVICES TO DELIVER AN ELECTRONIC COMMUNICATION, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ONSOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA DAMAGE OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS EXPRESSLY SPECIFICALLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY AGREES THAT THE FOREGOING REPRESENTATIONS AND WARRANTIES CONSTITUTE SUCH PARTY’S SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT. EACH PARTY, WITH RESPECT TO ITS OWN PRODUCTS, MAKES NO, AND DISCLAIMS ANY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ANY WARRANTY AGAINST INTERFERENCE WITH QUIET ENJOYMENT OR AGAINST INFRINGEMENT. NO ORAL, OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUCH PARTY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PRODUCTS SCOPE OF THE AFOREMENTIONED REPRESENTATIONS AND SERVICES ARE PROVIDED "AS IS” WARRANTIES. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, EACH PARTY EXPRESSLY DISCLAIMS ANY AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING WITHOUT LIMITATION, ALL EXPRESS WARRANTIES, IF ANY, MADE BY SUCH PARTY. THE PERFORMANCE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)AGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY THE WARRANTIES SET FORTH IN THIS SECTION 9 ABOVE ARE PROVIDED IN LIEU OF, AND EACH PARTY HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, CAPTISOL, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS LICENSED PATENTS OR WARRANTIES OF ANY KINDTHE CAPTISOL DATA PACKAGE, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CYDEX’S WARRANTIES UNDER THIS AGREEMENT ARE SOLELY FOR THE BENEFIT OF COMPANY AND MAY BE ASSERTED ONLY BY COMPANY AND ANY ASSIGNEE OF COMPANY’S RIGHTS UNDER THIS AGREEMENT PURSUANT TO SECTION 14.15 BELOW AND NOT BY ANY AFFILIATE, SUBLICENSEE OR ANY IMPLIED WARRANTY ARISING BY USAGE CUSTOMER OF TRADECOMPANY, COURSE OF DEALING ITS AFFILIATES OR COURSE OF PERFORMANCESUBLICENSEES. OCLC MAKES NO COMPANY, ITS AFFILIATES AND SUBLICENSEES SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS OR AND WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECOMPANY, FREE ITS AFFILIATES OR SUBLICENSEES MAKE TO ANY CUSTOMER OF HARMFUL COMPONENTSCOMPANY, ACCURATE ITS AFFILIATES OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SUBLICENSEES.

Disclaimer. EXCEPT AS EXPRESSLY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UKG DISCLAIMS ALL OTHER WARRANTIES NOT SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY INCLUDING ALL WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NON- INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES. UKG DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SERVICES OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEOTHER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL BE UNINTERRUPTED, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS VIRUS-FREE, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARESECURE. THIS SECTION WILL DISCLAIMER OF WARRANTY MAY NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY VALID IN SOME JURISDICTIONS AND CUSTOMER MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY RIGHTS EXTEND ONLY FOR THIRTY (IN WHICH EVENT 30) DAYS FROM THE LIABILITY SHALL BE LIMITED EFFECTIVE DATE OF THIS AGREEMENT (UNLESS AND ONLY TO THE FULLEST EXTENT PERMITTEDSUCH LAW PROVIDES OTHERWISE).

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENTARTICLE 6 (REPRESENTATIONS), THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT, OR VALIDITY OF PATENT CLAIMS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY IMPLIED WARRANTY ARISING BY USAGE PATENT RIGHTS, OR THAT ANY PATENTS WILL ISSUE BASED ON A PENDING APPLICATION. WITHOUT LIMITING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF TRADETHE PARTIES EXPRESSLY SET FORTH HEREIN, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERSUCCESSFUL, IN NO EVENT WILL OCLC BE LIABLE WHOLE OR IN PART. *** = INDICATES MATERIAL THAT WAS OMITTED AND FOR ANY LOSS ARISING OUT WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY1933, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)AS AMENDED.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS SOFTWARE AND SERVICES DOCUMENTATION ARE PROVIDED "FURNISHED “AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO . THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPANY HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT INFRINGEMENT, OR TITLE. THE COMPANY DOES NOT WARRANT THAT ANY IMPLIED WARRANTY ARISING BY USAGE SOFTWARE WILL MEET YOUR NEEDS OR EXPECTATIONS, THAT USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES ANY SOFTWARE WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT GUARANTEE ANY RESULT OF USE OF ANY SOFTWARE, AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR RELIANCE ON USE OF ANY LOSS SOFTWARE OR APPLICATION OF ANY DATA ARISING OUT FROM USE OF ANY SOFTWARE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE OR ANY APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED GUARANTEE OF FITNESS FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)HIGH RISK ACTIVITIES.

Disclaimer. IT IS EXPRESSLY AGREED THAT THE WARRANTY SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF DOT VN, ITS CUSTOMERS AND END USERS. UNDER NO CIRCUMSTANCES SHALL E-BAND BE LIABLE FOR ANY COSTS, LOSS, EXPENSE, DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE DESIGN, MANUFACTURE, SALE, USE OR REPAIR OF PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. IN NO EVENT WILL LIABILITY EXCEED THE DOT VN LIST PRICE OF THE APPLICABLE PRODUCT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED "ON AN “AS IS” BASIS. THE WARRANTY AND OCLC LIMITS OF LIABILITY CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS LIABILITIES, EXPRESSED OR IMPLIED ARISING BY LAW, CUSTOM, BY ORAL OR WRITTEN STATEMENTS. ALL IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY AND WARRANTIES ARISING BY USAGE OF TRADE, FROM COURSE OF DEALING DEALING, USAGE OR COURSE TRADE PRACTICE, AND ANY DUTIES OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS LACK OF NEGLIGENCE OR WARRANTIES THAT THE PRODUCTS WORKMANLIKE EFFORT ARE HEREBY DISCLAIMED BY E-BAND, ITS LICENSORS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)REPRESENTATIVES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND 6.2 ABOVE, TASKTOP MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TASKTOP DOES NOT WARRANT THAT THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCTS AND SERVICES ARE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR WARRANTIES OF ANY KIND, EXPRESS THAT THEY WILL BE FREE FROM DEFECTS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THAT THE PRODUCTS OR SERVICESARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. TASKTOP HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEMATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED EXCEPT TO THE FULLEST EXTENT PERMITTED)THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENTARTICLE X, THE PRODUCTS AND SERVICES ARE PROVIDED "ON AN “AS IS” BASIS AND OCLC THE RECEIPT AND USE OF THE SERVICES BY CLIENT AND ITS THIRD PARTY SUPPLIERS DO AFFILIATES IS AT THEIR OWN RISK AND CTS DISCLAIMS ANY ASSURANCE OR WARRANTY REGARDING THE PAST OR CONTINUED SUPPLY, ACCURACY, CALCULATION OR PUBLICATION OF THE SERVICES AND ANY CTS IP, AND CTS DOES NOT MAKE GUARANTEE ANY REPRESENTATIONS SPECIFIC RESULTS FROM CLIENT’S USE OF THE SERVICES OR WARRANTIES OF ANY KINDCTS IP. CTS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE IMPLIED (BY OPERATION OF THE PRODUCTS LAW OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OTHERWISE) INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AND TITLE AND ANY IMPLIED WARRANTY WARRANTIES ARISING BY USAGE OF TRADE, FROM ANY COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE, LOSS OF PERFORMANCEOR DAMAGE TO DATA, LOSS OF BUSINESS OR LOST PROFITS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT NOTWITHSTANDING ANYTHING TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECONTRARY, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC CTS SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES HOSTING OR OTHER EVENTS OUTSIDE SERVICE PROVIDER INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE PERFORMANCE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT MANAGEMENT OR OTHER SERVICES BY CTS UNLESS CTS IS GROSSLY NEGLIGENT OR COMMITS AN ACT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)WILFUL MISCONDUCT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH THIS SECTION 5 STATES THE FULL EXTENT OF WARRANTIES PROVIDED BY CONSULTANT IN THIS AGREEMENTCONNECTION WITH THE SERVICES AND DELIVERABLES AND CONSULTANT MAKES NO OTHER REPRESENTATION OR WARRANTY. THESE WARRANTIES ARE IN LIEU OF ANY OTHER EXPRESS, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ALL IMPLIED OR STATUTORY, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NONINFRINGEMENT, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT DOES NOT DIRECTLY OR INDIRECTLY WARRANT THE FINANCIAL SOUNDNESS, NON-INFRINGEMENT SERVICES OR PRODUCTS OF ANY IMPLIED WARRANTY ARISING THIRD PARTY VENDORS OR SERVICE PROVIDERS, EXCEPT THAT CONSULTANT IS RESPONSIBLE FOR THE SERVICES AND DELIVERABLES PROVIDED BY USAGE ANY OF TRADEITS SUBCONTRACTORS HEREUNDER TO THE EXTENT OF THE WARRANTIES SET FORTH IN THIS SECTION 5. CLIENT’S ABILITY TO ACHIEVE THE BENEFITS WITH RESPECT TO THE MATTERS TO WHICH CONSULTANT’S SERVICES RELATE WILL BE BASED UPON NUMEROUS FACTORS AND ASSUMPTIONS THAT ARE NOT WITHIN CONSULTANT’S CONTROL, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES AND THUS CONSULTANT DOES NOT GUARANTEE THAT THE PRODUCTS AND SERVICES INTENDED BENEFITS WILL ALWAYS ACTUALLY BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)ACHIEVED.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9(a) ABOVE, EPE MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE PRODUCTS LICENSED CONTENT AND SERVICES ARE ANY OTHER INFORMATION, SERVICES, OR MATERIALS PROVIDED "AS IS” OR MADE AVAILABLE BY EPE HEREUNDER, AND OCLC EPE HEREBY DISCLAIMS ANY AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. EPE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE QUALITY, ORIGINALITY, SUITABILITY, OR SEARCHABILITY OF THE PRODUCTS OR SERVICESLICENSED CONTENT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. EPE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY IMPLIED WARRANTY KIND RESULTING FROM USE OF MERCHANTABILITYTHE WEB SITE OR THE LICENSED CONTENT BY LICENSEE, FITNESS FOR A PARTICULAR PURPOSEAUTHORIZED USERS, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED HEREIN OR IN THIS AGREEMENTA STATEMENT OF SERVICE, PERISCOPE DOES NOT WARRANT THAT ACCESS TO THE PRODUCTS PLATFORMS, SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PERISCOPE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. FURTHER, PERISCOPE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTY TECHNOLOGY SERVICE PROVIDERS RELATING TO OR SUPPORTING A PLATFORM, INCLUDING HOSTING AND MAINTENANCE SERVICES, AND ANY CLAIM OF CUSTOMER ARISING FROM OR RELATING TO SUCH SERVICES SHALL, AS BETWEEN PERISCOPE AND SUCH SERVICE PROVIDER, BE SOLELY AGAINST SUCH SERVICE PROVIDER. THE PLATFORMS, SOFTWARE AND SERVICES ARE PROVIDED "AS IS” ," AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDPERISCOPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST MAXIMUM EXTENT PERMITTED)PERMITTED BY APPLICABLE LAW.

Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 8.1 IS MADE FOR THE BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 8.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS SERVICES (INCLUDING THE APPLICATION AND SERVICES DOCUMENTATION) ARE PROVIDED "“AS IS,” AND OCLC AIRWORKS MAKES NO (AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR WARRANTIES OF ANY KINDCONDITIONS, EXPRESS OR WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY IMPLIED WARRANTY ARISING OTHER PRODUCTS OR SERVICES PROVIDED TO SUBSCRIBER BY USAGE AIRWORKS. AIRWORKS DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS APPLICATION SHALL BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE. INSTITUTION SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SUBSCRIBER.

Disclaimer. PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN ARTICLE IV AND OTHERWISE IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT SELLERS MAKE ANY NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE PERFORMANCE PURCHASED ASSETS. WITHOUT LIMITING THE FOREGOING, SELLERS HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AS TO ANY PORTION OF THE PRODUCTS PURCHASED ASSETS. PURCHASER FURTHER ACKNOWLEDGES THAT PURCHASER HAS CONDUCTED AN INDEPENDENT INSPECTION AND INVESTIGATION OF THE PHYSICAL CONDITION OF THE PURCHASED ASSETS AND ALL SUCH OTHER MATTERS RELATING TO OR SERVICESAFFECTING THE PURCHASED ASSETS AS PURCHASER DEEMED NECESSARY OR APPROPRIATE AND THAT IN PROCEEDING WITH ITS ACQUISITION OF THE PURCHASED ASSETS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE EXCEPT FOR ANY LOSS ARISING OUT OF FAILURE OF REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IS DOING SO BASED SOLELY UPON SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)INDEPENDENT INSPECTIONS AND INVESTIGATIONS.

Disclaimer. EXCEPT AS PHENOMIX HEREBY SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIMS THE MAKING OR APPLICABILITY OF ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE PRODUCTS VALIDITY OF THE PHENOMIX LICENSED PATENT RIGHTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC MAKES NO REPRESENTATIONS WHATSOEVER WITH REGARD TO THE SCOPE OF THE PHENOMIX LICENSED PATENT RIGHTS OR THAT THE PHENOMIX LICENSED PATENT RIGHTS MAY BE EXPLOITED BY ACTIVX AND ITS THIRD AFFILIATES WITHOUT INFRINGING OTHER PATENTS. PHENOMIX EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PHENOMIX LICENSED PATENT RIGHTS. IN NO EVENT SHALL A PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS BE LIABLE TO THE OTHER FOR INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR WARRANTIES EXEMPLARY DAMAGES OF ANY KIND, EXPRESS INCLUDING LOSS OF PROFITS AND LOSS OR IMPLIEDINTERRUPTION OF BUSINESS, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES PROVIDED HOWEVER THAT THE PRODUCTS AND SERVICES WILL ALWAYS FOREGOING PROVISION SHALL NOT BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLCCONSTRUED TO LIMIT A PARTY’S PRODUCTS AND SERVICES WITH INDEMNIFICATION OBLIGATION UNDER THIS LICENSE AGREEMENT FOR THIRD PARTY PRODUCTS CLAIMS WHICH MAY INCLUDE INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OTHER TYPES OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DAMAGES.

Disclaimer. 8.4.1 NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A WARRANTY BY THE INSTITUTIONS THAT THEY CAN OR WILL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN THE LICENSED PATENT RIGHTS, OR THAT ANY OF THE LICENSED PATENT RIGHTS WILL AFFORD ADEQUATE OR COMMERCIALLY WORTHWHILE PROTECTION. THE INSTITUTIONS MAKE NO WARRANTIES WHATSOEVER AS TO THE COMMERCIAL OR SCIENTIFIC VALUE OF THE LICENSED PATENT RIGHTS. 8.4.2 THE INSTITUTIONS MAKE NO REPRESENTATION THAT THE PRACTICE OF THE LICENSED PATENT RIGHTS OR THE DEVELOPMENT, MANUFACTURE, USE, SALE OR IMPORTATION OF ANY LICENSED PRODUCT, OR ANY ELEMENT THEREOF, WILL NOT INFRINGE ANY PATENT OR PROPRIETARY RIGHTS OF A THIRD PARTY. 8.4.3 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE NEITHER COMPANY NOR ANY REPRESENTATIONS OR WARRANTIES OF INSTITUTION MAKES ANY KIND, EXPRESS OR IMPLIED, WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR ANY TECHNOLOGY, PATENTS, GOODS, SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND EACH OF COMPANY AND EACH INSTITUTION HEREBY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT OR WITH RESPECT TO ANY IMPLIED WARRANTY ARISING BY USAGE AND ALL OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)FOREGOING.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTSECTION 9(A), THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS PROVIDER MAKES NO ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KINDKIND WHETHER EXPRESS, EXPRESS IMPLIED (EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW), WITH RESPECT OR STATUTORY, AS TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MATTER WHATSOEVER. PROVIDER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE INFRINGEMENT. PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF TRADETHE SERVICES. THE SERVICES ARE PROVIDED AS-IS, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES AND PROVIDER DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. PROVIDER DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE OR COMPLETE OR THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREEAVAILABLE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS PROVIDER EXERCISES NO CONTROL OVER AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR EXPRESSLY DISCLAIMS ANY LOSS LIABILITY ARISING OUT OF FAILURE OR BASED UPON THE RESULTS OF SUCH THIRD PARTY PRODUCTS CUSTOMER’S USE OF OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED ACCESS TO THE FULLEST EXTENT PERMITTED)SERVICES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ANY DAC SERVICES CONTEMPLATED IN THIS AGREEMENT, ANNEX I HEREOF (INCLUDING WITHOUT LIMITATION TURBINETRACKER™ AND ANY SOFTWARE) WHICH MAY BE PROVIDED BY P&WC OR THE PRODUCTS AND SERVICES DAC ARE PROVIDED "“AS IS,” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY P&WC DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS ORAL OR SERVICESWRITTEN, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, NON-INFRINGEMENT INTERFERENCE WITH ENJOYMENT, OR ACCURACY, AND ALL WARRANTIES IMPLIED FROM ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCETRADE. OCLC MAKES NO REPRESENTATIONS ALL REPORTS FURNISHED TO CUSTOMER AS A RESULT OF THE DAC SERVICES MAY BE BASED ON INFORMATION FURNISHED BY CUSTOMER OR WARRANTIES THAT OTHER OWNERS OR OTHER OPERATORS OF MONITORED ENGINES; NEITHER P&WC NOR THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE DAC SHALL HAVE LIABILITY FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS ERRORS IN OR SERVICES OMISSIONS FROM THE DATA AND REPORTS PROVIDED TO CUSTOMER, OTHER OWNERS OR OTHER EVENTS OUTSIDE OPERATOR. IT IS CUSTOMER’S RESPONSIBILITY TO DETERMINE THE SUITABILITY OF OCLCTHE SERVICES FOR CUSTOMER’S REASONABLE CONTROLPURPOSES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA CUSTOMER ACKNOWLEDGES THAT 100% AVAILABILITY IS NOT REALIZABLE AND THAT INACCURACIES OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)MALFUNCTIONS MAY OCCUR.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTIES PROVIDED BY THE PARTIES HEREIN ARE THE ONLY WARRANTIES PROVIDED BY THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES BY THE PARTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS SUBJECT MATTER OF THIS AGREEMENT. THE NETSCAPE LICENSED TECHNOLOGY AND SERVICES EXCITE LICENSED TECHNOLOGY ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ," "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KINDKIND AND NETSCAPE AND EXCITE, RESPECTIVELY, DISCLAIM ALL OTHER WARRANTIES RELATED THERETO, EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING WITHOUT LIMITATION THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE PURPOSE AND NONINFRINGEMENT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHIRD PARTY RIGHTS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES NEITHER PARTY WARRANTS THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE NETSCAPE LICENSED TECHNOLOGY OR EXCITE LICENSED TECHNOLOGY IS ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT FREE OR THAT ITS OPERATION WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS SECURE OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)UNINTERRUPTED.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOR THE ABOVE EXPRESS LIMITED WARRANTY, THE PRODUCTS WINK MAKES AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR TOSHIBA RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS LICENSED ENGINE PRODUCT, EXPRESS, IMPLIED, STATUTORY OR SERVICESOTHERWISE, INCLUDING, BUT NOT LIMITED TO, AND WINK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY . 7 LIMITATION OF LIABILITY WINK'S LIABILITY ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM TOSHIBA HEREUNDER. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC SHALL EITHER PARTY BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY NOR SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR ANY LOSS CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, EXCEPT THAT, WITH RESPECT TO CLAIMS BY WINK AGAINST TOSHIBA FOR BREACH OF THE SCOPE OF LICENSES GRANTED IN THIS AGREEMENT, WINK SHALL BE ENTITLE TO RECOVER LOST PROFITS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE ESSENTIAL PURPOSE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)REMEDY.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE ON AN AS-IS BASIS. CUSTOMER’S USE OF THE PRODUCTS OR SERVICESSOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, INCLUDING, BUT NOT LIMITED TOAND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT AND ACCURACY (OF DATA OR ANY IMPLIED WARRANTY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF PERFORMANCECUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. OCLC MAKES NO REPRESENTATIONS THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ATHELAS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR WARRANTIES THAT OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE PRODUCTS ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE SERVICES WILL ALWAYS BE ACCESSIBLEREMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FREE OF HARMFUL COMPONENTSATHELAS DOES NOT GUARANTEE CONTINUOUS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS , VIRUS-FREE, OR SECURE OPERATION AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED ACCESS TO THE FULLEST EXTENT PERMITTED)SOFTWARE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS THE AGREEMENT, THE PRODUCTS AND SERVICES ARE AIP IS PROVIDED "AS “AS- IS” WITHOUT ANY OTHER WARRANTIES OF ANY KIND AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR PALANTIR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS ORAL OR SERVICESWRITTEN, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY WARRANTIES OF NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING LIMITATION, NON-INFRINGEMENT PALANTIR DOES NOT WARRANT THAT AIP WILL MEET CUSTOMER REQUIREMENTS OR GUARANTEE ANY IMPLIED WARRANTY ARISING BY USAGE QUALITY, RESULTS, OUTCOMES, OR CONCLUSIONS OR THAT OPERATION OF TRADE, COURSE OF DEALING AIP WILL BE UNINTERRUPTED OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-ERROR FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICESPALANTIR IS NOT RESPONSIBLE FOR ANY DECISIONS, ACTIONS, OR OMISSIONS CUSTOMER TAKES BASED UPON OR INFORMED BY OUTPUT FROM AIP. HOWEVER, IN NO EVENT WILL OCLC BE PALANTIR IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS SERVICES PROVIDED IN THE COURSE OF DELIVERING AIP, INCLUDING (IF APPLICABLE) MICROSOFT AZURE (INCLUDING WITHOUT LIMITATION, UPTIME GUARANTEES, OUTAGES, FAILURES, OR SERVICES ANY OTHER GUARANTEES IN ANY SERVICE LEVEL AGREEMENT BETWEEN THE PARTIES), CUSTOMER’S INPUT TO AIP, OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING OUTPUT FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL AIP (INCLUDING BUT NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO COMPLETENESS, OR ACCURACY OF OUTPUT FROM AIP, OR WHETHER THE FULLEST EXTENT PERMITTEDOUTPUT FROM AIP INFRINGES OR VIOLATES ANY THIRD PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND CONTRACTUAL RIGHTS).

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTArticle 5, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE NEITHER VERTEX NOR ▇▇▇▇▇ MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE SUBJECT MATTER OF THE PRODUCTS OR SERVICESTHIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NONINFRINGEMENT, EACH OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 5.3, VERTEX MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PATENTABILITY OF THE ASSIGNED COMPOUNDS, ADDITIONAL COMPOUNDS, OR PRODUCTS OR VALIDITY, SCOPE, OR ENFORCEABILITY OF THE ASSIGNED PATENTS OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADECLAIMS THEREIN, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLEPRACTICE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL INCLUDING BUT NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)FREEDOM TO OPERATE, REGARDING ANY ASSIGNED COMPOUND, ADDITIONAL COMPOUND, OR PRODUCT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.3, ALL RIGHTS GRANTED TO ▇▇▇▇▇ HEREUNDER ARE PROVIDED ON AN AS-IS BASIS.

Disclaimer. Except as expressly set forth in this Agreement, THE ARCTURUS TECHNOLOGY IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, VALIDITY OR ANY IMPLIED WARRANTY ENFORCEABILITY OF PATENT CLAIMS, OR ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE OR COURSE TRADE PRACTICES. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY PATENT RIGHTS, OR THAT ANY PATENTS WILL ISSUE BASED ON A PENDING APPLICATION. WITHOUT LIMITING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERSUCCESSFUL, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS WHOLE OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PART.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS DPT AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT COMPANY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDNO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCT, LABELING OR PACKAGING. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE PERFORMANCE IMPLIED WARRANTIES OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE ARE HEREBY DISCLAIMED. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES DPT AND COMPANY AGREE THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTALOR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS AGREEMENT. WITH RESPECT TO ANY CLAIMS, DEMANDS, SUITS OR DAMAGES IN CONNECTION WITH REJECTED PRODUCT (SECTION 2.7(c)) AND/OR RECALLED PRODUCT(SECTION VII), ARISING FROM OR RELATING TO DPT’S WILLFUL MALFEASANCE, BREACH OF ITS WARRANTIES PROVIDED FOR HEREIN OR ANY OTHER MATERIAL BREACH OF THIS AGREEMENT, DPT’S LIABILITY TO COMPANY FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYCONSEQUENTIAL DAMAGES, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)ITS EXISTING INSURANCE COVERAGE, AND ANY ADDITIONAL INSURANCE COVERAGE WHICH COMPANY IS WILLING TO PURCHASE ON BEHALF OF DPT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (a) ANGIOTECH DOES NOT WARRANT THE PRODUCTS VALIDITY OF THE LICENSED PATENTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC MAKES NO REPRESENTATIONS WHATSOEVER WITH REGARD TO THE SCOPE OF THE LICENSED TECHNOLOGY OR THAT THE LICENSED TECHNOLOGY MAY BE EXPLOITED BY HISTOGENICS AND ITS THIRD AFFILIATES AND PERMITTED SUBLICENSEES WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. ANGIOTECH EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LICENSED TECHNOLOGY. IN NO EVENT SHALL A PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS BE LIABLE TO THE OTHER FOR INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR WARRANTIES EXEMPLARY DAMAGES OF ANY KIND, EXPRESS INCLUDING LOSS OF PROFITS AND LOSS OR IMPLIEDINTERRUPTION OF BUSINESS, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES PROVIDED HOWEVER THAT THE PRODUCTS AND SERVICES WILL ALWAYS FOREGOING PROVISION SHALL NOT BE ACCESSIBLE, FREE CONSTRUED TO LIMIT A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7.3 OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIS AGREEMENT FOR THIRD PARTY PRODUCTS CLAIMS WHICH MAY INCLUDE INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OTHER TYPES OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DAMAGES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 10.1, THE NEITHER PARTY MAKES ANY WARRANTIES OR REPRESENTATIONS CONCERNING ANY LICENSED TECHNOLOGY, PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE OR ANY REPRESENTATIONS OR WARRANTIES OF OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS IMPLIED OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERRIGHTS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS TITLE, ACCURACY, OR ARISING OUT OF FAILURE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND EACH PARTY DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. NEITHER PARTY MAKES ANY WARRANTY OR REPRESENTATION AS TO THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY LICENSED TECHNOLOGY OR THAT ANY LICENSED TECHNOLOGY OR PRODUCT WILL NOT INFRINGE ANY THIRD PARTY PRODUCTS RIGHTS, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER THAT NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREIS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY LICENSED TECHNOLOGY COVERED BY THIS AGREEMENT. THIS SECTION WILL NOT APPLY FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OR WARRANTY THAT THE LICENSED TECHNOLOGY IS SUITABLE FOR LICENSEE’S PURPOSES. LICENSEE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUCCESS OF EFFORTS TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DEVELOP AND COMMERCIALIZE PRODUCTS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED HEREIN OR IN THIS AGREEMENTA STATEMENT OF SERVICE, PERISCOPE DOES NOT WARRANT THAT ACCESS TO THE PRODUCTS PLATFORMS, SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PERISCOPE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. FURTHER, PERISCOPE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTY TECHNOLOGY SERVICE PROVIDERS RELATING TO OR SUPPORTING A PLATFORM, INCLUDING HOSTING AND MAINTENANCE SERVICES, AND ANY CLAIM OF CUSTOMER ARISING FROM OR RELATING TO SUCH SERVICES SHALL, AS BETWEEN PERISCOPE AND SUCH SERVICE PROVIDER, BE SOLELY AGAINST SUCH SERVICE PROVIDER. THE PLATFORMS, SOFTWARE AND SERVICES ARE PROVIDED "AS IS” ," AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDPERISCOPE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST MAXIMUM EXTENT PERMITTED)PERMITTED BY APPLICABLE LAW.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY PATENT RIGHTS, NONCONFIDENTIAL INFORMATION OR KNOW-INFRINGEMENT HOW OF SUCH PARTY OR ANY IMPLIED WARRANTY ARISING LICENSE GRANTED BY USAGE OF TRADESUCH PARTY HEREUNDER, COURSE OF DEALING OR COURSE OF PERFORMANCEWITH RESPECT TO ANY COMPOUNDS, INCLUDING BUT NOT LIMITED TO THE TRANSFERRED MATERIALS. OCLC FURTHERMORE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES NO ANY REPRESENTATIONS OR WARRANTIES THAT ANY PATENT, PATENT APPLICATION, OR OTHER PROPRIETARY RIGHTS INCLUDED IN PATENT RIGHTS, CONFIDENTIAL INFORMATION OR KNOW-HOW LICENSED BY SUCH PARTY TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OTHER PARTY HEREUNDER ARE VALID OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE ENFORCEABLE OR THAT USE OF SUCH THIRD PARTY PRODUCTS PATENT RIGHTS, CONFIDENTIAL INFORMATION OR SERVICES KNOW-HOW CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER EVENTS OUTSIDE INTELLECTUAL PROPERTY RIGHTS OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY THE WARRANTIES SET FORTH IN THIS SECTION 9 ABOVE ARE PROVIDED IN LIEU OF, AND EACH PARTY HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, CAPTISOL, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS LICENSED PATENTS OR WARRANTIES OF ANY KINDTHE CAPTISOL DATA PACKAGE, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CYDEX’S WARRANTIES UNDER THIS AGREEMENT ARE SOLELY FOR THE BENEFIT OF COMPANY AND MAY BE ASSERTED ONLY BY COMPANY AND NOT BY ANY AFFILIATE, SUBLICENSEE OR ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. ANY IMPLIED WARRANTY ARISING BY USAGE CUSTOMER OF TRADECOMPANY, COURSE OF DEALING ITS AFFILIATES OR COURSE OF PERFORMANCESUBLICENSEES. OCLC MAKES NO COMPANY, ITS AFFILIATES AND SUBLICENSEES SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS OR AND WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECOMPANY, FREE ITS AFFILIATES OR SUBLICENSEES MAKE TO ANY CUSTOMER OF HARMFUL COMPONENTSCOMPANY, ACCURATE ITS AFFILIATES OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SUBLICENSEES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTSRI MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING SCRIPPS PROPERTY OR ANY OTHER MATTER WHATSOEVER, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERRIGHTS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS TITLE, ACCURACY OR ARISING OUT OF FAILURE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY OF SCRIPPS PROPERTY, OR THAT ANY LICENSED PRODUCT OR SCRIPPS PROPERTY WILL NOT INFRINGE ANY THIRD PARTY PRODUCTS RIGHTS, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER THAT NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREIS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY SCRIPPS PROPERTY COVERED BY THIS AGREEMENT. THIS SECTION WILL NOT APPLY TO DAMAGES FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OR WARRANTY THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SCRIPPS PROPERTY ARE SUITABLE FOR LICENSEE’S PURPOSES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY PATENT RIGHTS, NONCONFIDENTIAL INFORMATION OR KNOW-INFRINGEMENT HOW OF SUCH PARTY OR ANY IMPLIED WARRANTY ARISING LICENSE GRANTED BY USAGE OF TRADESUCH PARTY HEREUNDER, COURSE OF DEALING OR COURSE OF PERFORMANCEWITH RESPECT TO ANY COMPOUNDS, INCLUDING BUT NOT LIMITED TO THE TRANSFERRED MATERIALS, OR PRODUCTS. OCLC FURTHERMORE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER MAKES NO ANY REPRESENTATIONS OR WARRANTIES THAT ANY PATENT, PATENT APPLICATION, OR OTHER PROPRIETARY RIGHTS INCLUDED IN PATENT RIGHTS, CONFIDENTIAL INFORMATION OR KNOW-HOW LICENSED BY SUCH PARTY TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OTHER PARTY HEREUNDER ARE VALID OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE ENFORCEABLE OR THAT USE OF SUCH THIRD PARTY PRODUCTS PATENT RIGHTS, CONFIDENTIAL INFORMATION OR SERVICES KNOW-HOW CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER EVENTS OUTSIDE INTELLECTUAL PROPERTY RIGHTS OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN (a) THE LICENSED MATERIALS OR OTHER INFORMATION LICENSED OR FURNISHED (INCLUDING OPEN SOURCE SOFTWARE) UNDER THIS AGREEMENT, THE PRODUCTS AND SERVICES AGREEMENT ARE PROVIDED "LICENSED “AS IS” WITH ALL FAULTS, LATENT AND OCLC PATENT AND WITHOUT ANY WARRANTY OF ANY TYPE. NOKIA AND ITS RELATED COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, NOKIA AND ITS RELATED COMPANIES MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED MATERIALS OR OTHER INFORMATION LICENSED OR FURNISHED WILL NOT INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY SUPPLIERS DO NOT AND IT SHALL BE THE SOLE RESPONSIBILITY OF LICENSEE TO MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE PERFORMANCE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. NOKIA AND ITS RELATED COMPANIES SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY OTHER THIRD PARTY ON ACCOUNT OF, OR ARISING FROM, THE USE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES LICENSED MATERIALS OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROLINFORMATION FURNISHED HEREUNDER. (b) Except for Licensee’s breach of Section 5.05, no Party shall be liable to another Party for incidental, indirect, special, exemplary or consequential loss or damages of any nature, or for lost profits, savings or revenues of any kind, however caused under this Agreement, whether or not the applicable Party has been advised of the possibility of such damages. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)This Section 5.03(b) shall survive failure of an exclusive remedy.

Disclaimer. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT BANK’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS EXPRESSLY SET FORTH HEREIN. IN THIS AGREEMENTTHE EVENT THAT BANK FAILS TO PERFORM SERVICES PROPERLY, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND BANK’S SOLE OBLIGATION SHALL BE FOR BANK TO REPERFORM THE PRODUCTS SERVICES AT ITS OWN EXPENSE. BANK DISCLAIMS ANY AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDALL WARRANTIES, EXPRESS OR IMPLIED, WITH WRITTEN OR ORAL IN RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR INTERRUPTION. BANK SHALL HAVE NO LIABILITY, NON-INFRINGEMENT WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY IMPLIED WARRANTY OTHERWISE, TO CUSTOMER ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS RELATED TO THIS AGREEMENT OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLCBANK’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BANK BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER BANK WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LOSS ARISING OUT LIMITED REMEDY HEREIN FAILS OF FAILURE ITS ESSENTIAL PURPOSE. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF SUCH THIRD PARTY PRODUCTS ALL OTHER REMEDIES IN LAW OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)EQUITY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH THE AUTHENTIC SOFTWARE IS NEITHER GUARANTEED NOR WARRANTED TO BE ERROR-FREE NOR SHALL ANY LIABILITY BE ASSUMED BY ALTOVA IN THIS AGREEMENTRESPECT. NOTWITHSTANDING ANY SUPPORT FOR ANY TECHNICAL STANDARD, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO AUTHENTIC SOFTWARE IS NOT MAKE ANY REPRESENTATIONS INTENDED FOR USE IN OR WARRANTIES IN CONNECTION WITH, WITHOUT LIMITATION, THE OPERATION OF ANY KINDNUCLEAR FACILITIES, EXPRESS AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL EQUIPMENT, MEDICAL DEVICES OR IMPLIEDLIFE SUPPORT SYSTEMS, WITH RESPECT TO MEDICAL OR HEALTH CARE APPLICATIONS, OR OTHER APPLICATIONS WHERE THE PERFORMANCE FAILURE OF THE PRODUCTS AUTHENTIC SOFTWARE OR SERVICESERRORS IN DATA PROCESSING COULD LEAD TO DEATH, INCLUDINGPERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE AUTHENTIC SOFTWARE AND ANY DATA GENERATED OR PROCESSED BY THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL DEFEND, BUT NOT LIMITED TOINDEMNIFY AND HOLD ALTOVA, ITS OFFICERS AND EMPLOYEES HARMLESS FROM ANY IMPLIED WARRANTY 3RD PARTY CLAIMS, DEMANDS, OR SUITS THAT ARE BASED UPON THE ACCURACY AND ADEQUACY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT THE AUTHENTIC SOFTWARE IN YOUR USE OR ANY IMPLIED WARRANTY ARISING DATA GENERATED BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, AUTHENTIC SOFTWARE IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)YOUR USE.

Disclaimer. PENN REPRESENTS AND WARRANTS TO VGX THAT IT HAS THE FULL AUTHORITY TO EXECUTE AND DELIVER THIS LICENSE AGREEMENT; THAT TO THE KNOWLEDGE OF THE CURRENT STAFF OF THE UNIVERSITY OF PENNSYLVANIA CENTER FOR TECHNOLOGY TRANSFER (CTT) AND OFFICE OF THE GENERAL COUNSEL (COLLECTIVELY “CTT/GC”), CTT/GC HAVE RECEIVED NO MATERIAL CLAIM IN WRITING FROM ANY THIRD PARTY CONTESTING THE VALIDITY, ENFORCEABILITY, LICENSABILITY, USE OR OWNERHIP OF ANY SUCH PENN PATENT RIGHTS AND CTT/GC HAVE RECEIVED NO NOTICE IN WRITING OF ANY LOSS OR EXPIRATION OF ANY PART OF PENN PATENT RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE PREVIOUS SENTENCE, THE PENN PATENT RIGHTS, LICENSED PRODUCTS AND SERVICES ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED "ON AN “AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY BASIS. PENN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)TITLE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND 6.2 ABOVE, TASKTOP MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMEN- TATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TASKTOP DOES NOT WARRANT THAT THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCTS AND SERVICES ARE DOCUMEN- TATION OR ANY MATERIALS FURNISHED OR PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR WARRANTIES OF ANY KIND, EXPRESS THAT THEY WILL BE FREE FROM DEFECTS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THAT THE PRODUCTS OR SERVICESARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. TASKTOP HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, NON-INFRINGEMENT SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEMATE- RIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED EXCEPT TO THE FULLEST EXTENT PERMITTED)THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 10.1, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE TSRI MAKES NO OTHER WARRANTIES CONCERNING LICENSED PATENT RIGHTS OR ANY REPRESENTATIONS OR WARRANTIES OF OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS RIGHTS OR ARISING OUT OF FAILURE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND DISCLAIMS ALL SUCH THIRD PARTY PRODUCTS EXPRESS OR SERVICES IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF LICENSED PATENT RIGHTS, OR THAT ANY LICENSED PRODUCT WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER EVENTS OUTSIDE INTELLECTUAL PROPERTY RIGHTS OF OCLCTHIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY LICENSED PATENT RIGHTS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE LICENSED PATENT RIGHTS ARE SUITABLE FOR LICENSEE’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PURPOSES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS CITY STATES ON BEHALF OF ITSELF AND SERVICES ARE PROVIDED "AS IS” THE CITY REPRESENTATIVES THAT IT DOES NOT MAKE, AND OCLC IT EXPRESSLY EXCLUDES AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE DISCLAIMS, ANY REPRESENTATIONS REPRESENTATIONS, WARRANTIES, COVENANTS OR WARRANTIES ASSURANCES OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE EITHER IN FACT OR BY OPERATION OF THE PRODUCTS LAW, STATUTORY OR SERVICESOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE, NON-INFRINGEMENT NONINFRINGEMENT, AND PERFORMANCE OR INTEROPERABILITY OF THE SERVICES OR THE FACILITIES WITH ANY IMPLIED USER EQUIPMENT. NO WARRANTY ARISING IS MADE OR PASSED ON WITH RESPECT TO ANY SERVICES OR FACILITIES PROVIDED BY USAGE OR FURNISHED BY ANY THIRD PARTY. WITHOUT LIMITING THE GENERALITY OF TRADETHE FOREGOING, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THE CITY DOES NOT WARRANT THAT THE PRODUCTS AND FACILITIES AND/OR SERVICES PROVIDED TO USER HEREUNDER WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE, THAT THE FACILITIES AND/OR SERVICES WILL MEET USER’S REQUIREMENTS, OR THAT THE FACILITIES AND/OR SERVICES WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS ALL FACILITIES AND SERVICES ARE PROVIDED “AS IS” AND “WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, ALL FAULTS” UNLESS OTHERWISE SPECIFIED IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED WRITING BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CITY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY PATENTS, NONCONFIDENTIAL INFORMATION OR KNOW-INFRINGEMENT HOW OF SUCH PARTY OR ANY IMPLIED WARRANTY ARISING LICENSE GRANTED BY USAGE OF TRADESUCH PARTY HEREUNDER, COURSE OF DEALING OR COURSE OF PERFORMANCEWITH RESPECT TO ANY COMPOUNDS, INCLUDING BUT NOT LIMITED TO THE TRANSFERRED MATERIALS. OCLC FURTHERMORE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES NO ANY REPRESENTATIONS OR WARRANTIES THAT ANY PATENT, PATENT APPLICATION, OR OTHER PROPRIETARY RIGHTS INCLUDED IN PATENTS, CONFIDENTIAL INFORMATION OR KNOW-HOW LICENSED BY SUCH PARTY TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OTHER PARTY HEREUNDER ARE VALID OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE ENFORCEABLE OR THAT USE OF SUCH THIRD PARTY PRODUCTS PATENTS, CONFIDENTIAL INFORMATION OR SERVICES KNOW-HOW CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENTS OR OTHER EVENTS OUTSIDE INTELLECTUAL PROPERTY RIGHTS OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS AGREEMENTSECTION 7, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO (A) OMT DOES NOT MAKE ANY REPRESENTATIONS OR EXTEND ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH STATUTORY OR OTHERWISE, (B) THE OMT RATS, SERA, AND ANYTHING ELSE PROVIDED BY OMT PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS,” (C) OMT DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO PERFORMANCE, MARKETABILITY, TITLE OR OTHERWISE IN ANY RESPECT RELATED TO THE PERFORMANCE SUBJECT MATTER HEREUNDER, (D) OMT FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND DISCLAIMS ANY EXPRESS OR ANY IMPLIED WARRANTY ARISING BY USAGE REGARDING INFRINGEMENT OF TRADEANY PATENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECOPYRIGHT, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES TRADEMARK OR OTHER EVENTS OUTSIDE RIGHTS OF OCLC’S REASONABLE CONTROLTHIRD PARTIES IN CONNECTION WITH THE USE OR EXPLOITATION OF THE OMT ANTIBODIES, OR THE MAKING, USING OR SELLING OR OTHER DISTRIBUTION OF PRODUCTS BY ANY PERSON OR ENTITY. ADDITIONALLYLICENSEE ASSUMES THE ENTIRE RISK AND RESPONSIBILITY FOR THE SAFETY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT EFFICACY, PERFORMANCE, DESIGN, MARKETABILITY, TITLE AND QUALITY OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREALL PRODUCTS. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW Without limiting the generality of the foregoing, OMT does not warrant (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)i) the patentability of any of the OMT Antibodies or Licensed Products, or (ii) the accuracy, safety, or usefulness for any purpose of any of the Sera, OMT Rats, OMT Antibodies or Licensed Products.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS THE AGREEMENT, THE PRODUCTS AND SERVICES ARE AIP IS PROVIDED "AS “AS-IS” WITHOUT ANY OTHER WARRANTIES OF ANY KIND AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR PALANTIR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS ORAL OR SERVICESWRITTEN, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY WARRANTIES OF NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING LIMITATION, NON-INFRINGEMENT PALANTIR DOES NOT WARRANT THAT AIP WILL MEET CUSTOMER REQUIREMENTS OR GUARANTEE ANY IMPLIED WARRANTY ARISING BY USAGE QUALITY, RESULTS, OUTCOMES, OR CONCLUSIONS OR THAT OPERATION OF TRADE, COURSE OF DEALING AIP WILL BE UNINTERRUPTED OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-ERROR FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICESPALANTIR IS NOT RESPONSIBLE FOR ANY DECISIONS, ACTIONS, OR OMISSIONS CUSTOMER TAKES BASED UPON OR INFORMED BY OUTPUT FROM AIP. HOWEVER, IN NO EVENT WILL OCLC BE PALANTIR IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE PROVIDED IN THE COURSE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYDELIVERING AIP, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR INCLUDING (IF APPLICABLE) ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL MODEL SERVICE (INCLUDING WITHOUT LIMITATION, UPTIME GUARANTEES, OUTAGES, FAILURES, OR ANY OTHER GUARANTEES IN ANY SERVICE LEVEL AGREEMENT BETWEEN THE PARTIES), CUSTOMER’S INPUT TO AIP, OR OUTPUT FROM AIP (INCLUDING BUT NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO COMPLETENESS, OR ACCURACY OF OUTPUT FROM AIP, OR WHETHER THE FULLEST EXTENT PERMITTEDOUTPUT FROM AIP INFRINGES OR VIOLATES ANY THIRD PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND CONTRACTUAL RIGHTS).

Disclaimer. EXCEPT IF ANY PARTY DEFAULTS IN ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND SUBJECT TO THE LIABILITY CAP IN SECTION 9.K OF APPENDIX A OF THE DIR CONTRACT, AS EXPRESSLY SET FORTH IN THIS AGREEMENTMODIFIED BY THE PARTIES, THE PRODUCTS NON BREACHING PARTY WILL BE ENTITLED TO RECOVER FROM THE BREACHING PARTY ONLY THE ACTUAL AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND DIRECT DAMAGES THAT THE NON BREACHING PARTY MAY INCUR ON ACCOUNT OF SUCH BREACH. NEITHER PARTY NOR ANY OF ITS THIRD RESPECTIVE AFFILIATES OR LICENSORS WILL BE LIABLE TO THE OTHER PARTY SUPPLIERS DO NOT MAKE FOR ANY REPRESENTATIONS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR WARRANTIES EXEMPLARY DAMAGES EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ASSOCIATED WITH: LOSS OF PROFITS OR GOOD WILL; UNAVAILABILITY OR NONPERFORMANCE OF ANY KINDOR ALL OF THE SERVICES; INVESTMENTS, EXPRESS EXPENDITURES OR IMPLIED, WITH RESPECT COMMITMENTS RELATED TO USE OR ACCESS TO THE PERFORMANCE SERVICE OFFERINGS; COST OF THE PRODUCTS PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED ; UNAUTHORIZED ACCESS TO, COMPROMISE, ALTERATION OR LOSS OF CUSTOMER CONTENT; OR COST OF REPLACEMENT OR RESTORATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT LOST OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)ALTERTED CUSTOMER CONTENT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS DPT AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT COMPANY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDNO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE PRODUCT, LABELING OR PACKAGING; EXCEPT AS DETAILED HEREIN. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE ARE HEREBY DISCLAIMED. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC DPT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF FAILURE THE PERFORMANCE OF THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF DPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THIRD DAMAGES. DPT’S LIABILITY UNDER THIS AGREEMENT FOR FIRST PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE DAMAGES OF OCLC’S REASONABLE CONTROL. ADDITIONALLYANY KIND, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION INCLUDING, WITHOUT LIMITATION, RESTITUTION, WILL NOT APPLY EXCEED, THE AMOUNT OF MANUFACTURING FEES PAID BY COMPANY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED DPT UNDER THIS AGREEMENT UP TO THE FULLEST EXTENT PERMITTED)A MAXIMUM AMOUNT OF […***…].

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE SERVICE IS PROVIDED "TO YOU ON AN “AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO INCLUDING WITHOUT LIMITATION THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY WARRANTIES ARISING BY USAGE OF TRADE, FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC THE BANK DOES NOT WARRANT CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO THE SERVICE, WHICH MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE BANK’S CONTROL. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICE SHALL BE FOR THE BANK TO USE COMMERCIALLY REASONABLY EFFORTS TO PERFORM AN ADJUSTMENT TO ANY IMPACTED ACCOUNT, AS DETERMINED APPROPRIATE IN THE BANK’S SOLE DISCRETION, OR REPAIR OF THE SERVICE. THE BANK MAKES NO REPRESENTATIONS OR WARRANTIES THAT REGARDING THE PRODUCTS PERFORMANCE OR LEGAL OR REGULATORY COMPLIANCE OF ANY COMPUTER HARDWARE OR SOFTWARE SUPPLIED BY THIRD PARTIES AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES USED BY CUSTOMER IN CONJUNCTION WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT11.1. USE OF THE COMPANY'S SERVICES AND PRODUCTS IS AT CUSTOMER'S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS AGENTS, RESELLERS THIRD PARTY SUPPLIERS DO NOT INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTY ARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT THAT THE COMPANY'S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY'S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES. 11.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY IMPLIED WARRANTY ARISING BY USAGE OTHER PARTY, REGARDLESS OF TRADEFORM, COURSE INCLUDING ANY CAUSE OF DEALING ACTION BASED ON CONTRACT, TORT OR COURSE STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS ALL FEES AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED CHARGES PAID TO THE FULLEST EXTENT PERMITTED)COMPANY BY THE CUSTOMER DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH A CLAIM MAY ACCUR. 11.3. The Company reserves the right to revise or change these Terms of Service at any time.

Disclaimer. 1. Pixta warrants that Pixta has obtained from the contributor of the Content a warranty that the Content available in the Service does not infringe copyright, portrait right or any other third party’s rights. 2. PIXTA MAKES NO WARRANTY OF CORRECTNESS OR COMPLETENESS REGARDING INFORMATION MATERIAL RELATED AND INCIDENTAL TO THE CONTENT SUCH AS CAPTIONS, TITLES OR KEYWORDS IN THE SERVICE. 3. EXCEPT AS FOR PIXTA’S WARRANTY EXPRESSLY SET FORTH IN THE PARAGRAPH 1 OF THIS AGREEMENTARTICLE 7, THE PRODUCTS ANY AND SERVICES ARE ALL CONTENT, INCLUDING INFORMATION MATERIAL RELATED AND INCIDENTAL THERETO SUCH AS CAPTIONS, TITLES AND KEYWORDS, SHALL BE PROVIDED "“AS IS.” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO PIXTA SHALL NOT MAKE ANY REPRESENTATIONS REPRESENTATION OR WARRANTIES WARRANTY AS TO THE CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT FULFILLMENT OF THE USER’S REQUIREMENT OR CONTRACT NONCONFORMITY OF THE CONTENT. EVERY USER AGREES TO USE THE CONTENT AND THE SERVICE BASED ON THEIR OWN RESPONSIBILITY AND JUDGMENT. 4. PIXTA SHALL NOT BE LIABLE IN ANY IMPLIED WARRANTY WAY FOR DAMAGE ARISING BY USAGE OUT OF TRADE, COURSE OR IN RELATION TO ERROR OR TROUBLE OF DEALING OR COURSE OF PERFORMANCETECHNICAL ENVIRONMENT RELATED TO THE SERVICE INCLUDING BUT NOT LIMITED TO COMPUTER SYSTEM TROUBLE AND FALSE DISPLAY INCIDENTAL THERETO. 5. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC PIXTA SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OR DAMAGE OF FAILURE DATA OF THE CONTENT SUBMITTED TO PIXTA INCLUDING BUT NOT LIMITED TO THE DATA OF IMAGES, FOOTAGE, MUSIC, AND TEXT, AND DATA OF INFORMATION INCIDENTAL THERETO. EACH USER SHALL PREPARE AND MAINTAIN THE BACKUP OF SUCH THIRD PARTY PRODUCTS DATA BY HIM OR SERVICES HERSELF. 6. PIXTA SHALL NOT WARRANT THAT THE SERVICE, ITS SERVER, THE CONTENT AND ANY E-MAILS TRANSMITTED FROM THE SERVICE DO NOT TRANSMIT ANY OF COMPUTER VIRUS, SPAMS OR ANY OTHER EVENTS OUTSIDE OF OCLCHARMFUL ELEMENT. 7. PIXTA’S REASONABLE CONTROL. ADDITIONALLY, UNDER LIABILITY FOR THE SERVICE SHALL BE AS FOLLOWS: (1) IN NO CIRCUMSTANCES EVENT SHALL OCLC PIXTA BE LIABLE FOR ANY LOSS DAMAGE INCURRED BY THE USER ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY IN RELATION TO THE SERVICE. (2) NOTWITHSTANDING THE PRECEDING ITEM (1), IN CASES WHERE PIXTA IS LIABLE FOR DAMAGES THAT CANNOT INCURRED BY THE USER, PIXTA SHALL BE EXCLUDED BY LAW LIABLE FOR ONLY DIRECT AND NORMAL DAMAGES (IN WHICH EVENT EXCEPT LOST PROFITS), AND THE AGGREGATE LIABILITY OF PIXTA SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTEDAMOUNT DESIGNATED AS THE AMOUNT OF INDEMNIFICATION IN THE LICENSE AGREEMENT OR THAT IN THE CONTRIBUTOR AGREEMENT AS THE CASE MAY BE, WHICHEVER LESSER. (3) IN CASES WHERE THE CONSUMER CONTRACT ACT OF JAPAN APPLIES TO USE OF THE SERVICE, THE PROVISION OF THE ABOVE ITEM (1) OF THIS PARAGRAPH DOES NOT APPLY, AND THE PRECEDING ITEM (2) SHALL APPLY ONLY TO THE CASES WHERE PIXTA CAUSES DAMAGE TO THE USER DUE TO PIXTA’S NEGLIGENCE (EXCEPT GROSS NEGLIGENCE). (4) PIXTA SHALL HAVE NO LIABILITY FOR THE DAMAGE INCURRED DUE TO THE USER’S BREACH OF THE TERMS OF USE ETC. OR ANY CONTENT AFTER THE USER’S ALTERATION. 8. PIXTA SHALL NOT BE LIABLE FOR ANY DISPUTE WITH OTHER USER OR ANY THIRD PARTY ARISING OUT OF OR IN RELATION TO THE USER’S USE OF THE MESSAGING FUNCTION AVAILABLE IN THE SERVICE, OR DAMAGE INCIDENTAL OR RELATED THERETO. THE USER AGREES THAT, IF ▇▇▇▇▇ RECOGNIZES OCCURRENCE OF ANY TROUBLE OR THREAT TEHREOF, ONLY TO THE EXTENT THAT PIXTA CONSIDERS NECESSARY, PIXTA MAY ACCESS AND REVIEW THE MESSAGES WITHIN THE MESSAGING FUNCTION IN THE SERVISE IN ORDER TO PREVENT OR CURE SUCH TROUBLE AND TAKE ANY OTHER NECESSARY MEASURES. 9. THERE MAY BE CASES IN WHICH PIXTA PROVIDES THE SERVICE WITH ANY EXTERNAL SERVICES PROVIDED BY ANY OTHER COMPANY. IN SUCH CASE, THE USER AGREES TO USE SUCH EXTERNAL SERVICES ON HIS OR HER OWN RESPONSIBILITY AND AGREES THAT PIXTA SHALL NOT BE LIABLE TO ANY DAMAGE ARISING OUT OF OR IN RELATION TO THE USER’S USE OF SUCH EXTERNAL SERVICES. IN USING SUCH EXTERNAL SERVICES, THE USER SHALL COMPLY WITH ANY OF TERMS AND CONDITIONS PROVIDED BY SUCH EXTERNAL SERVICES. 10. If any provision of the Terms of Use etc. is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use etc. shall remain in full force and shall not be impaired.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 8, THE PRODUCTS SAAS SERVICES, PROFESSIONAL SERVICES AND SERVICES OTHER SESSIONGUARDIAN IP ARE PROVIDED "ON AN “AS IS” BASIS, AND OCLC SESSIONGUARDIAN MAKES NO WARRANTIES OR REPRESENTATIONS TO CUSTOMER, ITS AUTHORIZED USERS OR TO ANY OTHER PARTY REGARDING THE SESSIONGUARDIAN IP, THE SAAS SERVICES, PROFESSIONAL SERVICES OR ANY OTHER SERVICES OR MATERIALS PROVIDED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SESSIONGUARDIAN HEREBY DISCLAIMS ALL WARRANTIES AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDREPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT OR INFRINGEMENT, AND ANY IMPLIED WARRANTY WARRANTIES ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCETRADE. OCLC MAKES NO REPRESENTATIONS WITHOUT LIMITING THE FOREGOING, SESSIONGUARDIAN HEREBY DISCLAIMS ANY WARRANTY THAT USE OF THE SAAS SERVICES OR WARRANTIES THAT THE PRODUCTS AND PROFESSIONAL SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS BUG-FREE OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)UNINTERRUPTED.

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "INCLUDING AS IS” AND OCLC AND SET FORTH IN THIS ARTICLE 9, NEITHER PARTY NOR ANY OF ITS THIRD PARTY SUPPLIERS DO NOT MAKE AFFILIATES MAKES ANY REPRESENTATIONS REPRESENTATION OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OTHER PARTY OR ANY OF THE PRODUCTS OR SERVICESITS AFFILIATES, INCLUDINGAND EACH PARTY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF DESIGN, BUT NOT LIMITED TOQUALITY, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF PATENTS, AND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE OR COURSE OF PERFORMANCETRADE PRACTICES. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES EACH PARTY UNDERSTANDS THAT THE LICENSED COMPOUNDS AND LICENSED PRODUCTS ARE THE SUBJECT OF ONGOING RESEARCH AND SERVICES DEVELOPMENT, AND THAT NEITHER PARTY CAN ASSURE, AND EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE EXPLOITATION OF THE LICENSED COMPOUNDS OR LICENSED PRODUCTS PURSUANT TO THIS AGREEMENT WILL ALWAYS RECEIVE REGULATORY APPROVAL OR WILL BE ACCESSIBLESAFE, FREE OF HARMFUL COMPONENTSEFFECTIVE, ACCURATE USEFUL OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED RESPECT TO THE FULLEST EXTENT PERMITTED)LICENSED COMPOUNDS OR LICENSED PRODUCTS WILL BE ACHIEVED.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS ABOVE WARRANTIES ARE CA’S ONLY WARRANTIES AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS REPLACE ALL OTHER WARRANTIES OR WARRANTIES OF ANY KINDCONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE EXTENT PERMITTED BY LAW. CA DOES NOT WARRANT THAT CA’S SOFTWARE CONSULTING SERVICES OR MAINTENANCE WILL MEET SERVICE PROVIDERS’ REQUIREMENTS OR THAT USE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES SOFTWARE WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD 8 Limitation of Liability EXCEPT FOR BREACHES OF SECTION 2 BY SERVICE PROVIDER OR SECTION 4 BY EITHER PARTY PRODUCTS AND SERVICES. HOWEVER, (I) IN NO EVENT WILL OCLC SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT, OR OTHERWISE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXAMPLARY, SPECIAL, CONSEQUENTIAL OR UNFORESEEABLE LOSS, DAMAGE OR EXPENSE, LOSS ARISING OUT OF FAILURE PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OR CORRUPTION OF DATA, HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH THIRD PARTY PRODUCTS LOSS OR SERVICES DAMAGES BEING INCURRED, AND (II) EACH PARTY’S LIABILITY TO THE OTHER UNDER THE AGREEMENT, FOR DIRECT DAMAGES, LOSS, REFUNDS, OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE LIABILITY FOR ANY LOSS ARISING OUT CAUSE WHATSOEVER AND REGARDLESS OF A DATA THE FORM OF ACTION WHETHER CONTRACTUAL OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY NON- CONTRACTUAL, SHALL BE LIMITED TO A MAXIMUM OF THE FULLEST EXTENT PERMITTED)FEES PAID AND OWED DURING THE THEN CURRENT MAINTENANCE TERM FOR USE OF THE SOFTWARE OR CONSULTING SERVICES THAT ARE THE SUBJECT OF THE CLAIM.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE PRODUCTS AND SERVICES ARE PROVIDED "AS “AS-IS” AND OCLC AND ITS THIRD ”; (2) NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR WARRANTIES GUARANTY OF ANY KINDKIND TO THE OTHER PARTY, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, WITHOUT LIMITATION, ANY WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESTITLE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AND (4) PRODUCTBOARD’S LIABILITY UNDER ANY IMPLIED WARRANTY ARISING BY USAGE OR STATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF TRADE, COURSE THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF DEALING OR COURSE OF PERFORMANCESUPPLYING THE SERVICES AGAIN. OCLC MAKES PRODUCTBOARD EXERCISES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS CONTROL OVER AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR EXPRESSLY DISCLAIMS ANY LOSS LIABILITY ARISING OUT OF FAILURE OR BASED UPON THE RESULTS OF SUCH THIRD PARTY PRODUCTS ITS CUSTOMER’S OR SERVICES OR OTHER EVENTS OUTSIDE USERS’ USE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE LICENSE AGREEMENT, THE PRODUCTS NEITHER HEALEON NOR SUNEVA MAKES, AND SERVICES ARE PROVIDED "AS IS” EACH PARTY HEREBY EXPRESSLY DISCLAIMS, ANY AND OCLC ALL REPRESENTATIONS AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF SERVICES PROVIDED UNDER THIS AGREEMENT, THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOPRODUCTS, ANY FINISHED PRODUCT OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A AP PARTICULAR PURPOSE, NON-INFRINGEMENT OR AND ANY IMPLIED WARRANTY WARRANTIES ARISING BY USAGE FROM A COURSE OF TRADEDEALING, COURSE OF DEALING PERFORMANCE OR COURSE USAGE OF PERFORMANCETRADE OR RELATED TO QUALITY OR CONDITION ARE HEREBY DISCLAIMED. OCLC MAKES NO WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND WITHOUT LIMITING OR RESTRICTING ANY OF THE EXPRESS REPRESENTATIONS OR WARRANTIES SET FORTH HEREIN, NEITHER PARTY MAKES, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE AND COMMERCIALIZATION OF THE FINISHED PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE SUCCESSFUL OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES THAT ANY PARTICULAR SALES LEVEL WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED RESPECT TO THE FULLEST EXTENT PERMITTED)FINISHED PRODUCTS WILL BE ACHIEVED.

Disclaimer. THE WARRANTIES SET FORTH IN SECTION 6.1 ARE MADE FOR THE BENEFIT OF SUBSCRIBER AND AFFILIATES ONLY. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTTHE MSA, THE PRODUCTS USER GUIDE AND SERVICES ARE PROVIDED "“AS IS,” AND OCLC COMPANY MAKES NO (AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THE RESULTS SUBSCRIBER MAY OBTAIN BY USING THE SERVICES. COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE THAT OPERATION OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS SHALL BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREEFREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. INSTITUTION MAY INTEGRATE OCLCCOMPANY DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES WILL BE COMPATIBLE WITH SUBSCRIBER’S PRODUCTS COMPUTER SYSTEMS OR ANY INTERNET TECHNOLOGY. COMPANY DISCLAIMS ALL FAILURES, DELAYS AND SERVICES OTHER PROBLEMS INHERENT WITH THIRD PARTY PRODUCTS THE INTERNET AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE IS NOT RESPONSIBLE FOR ANY LOSS ARISING OUT SUBSCRIBER DATA DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY COMPANY. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF FAILURE IMPLIED WARRANTIES, SO SOME OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL THE ABOVE LIMITATIONS MAY NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SUBSCRIBER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 12.1, THE PRODUCTS SERVICES, THE PLATFORM, THEIR COMPONENTS, AND SERVICES ANY OTHER MATERIALS PROVIDED HEREUNDER ARE PROVIDED "“AS IS” AND OCLC “AS AVAILABLE,” AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS SAME OR SERVICESOTHERWISE IN CONNECTION WITH THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONAVAILABILITY, ERROR-INFRINGEMENT FREE OR UNINTERRUPTED OPERATION, AND ANY IMPLIED WARRANTY WARRANTIES ARISING BY FROM A COURSE OF DEALING, COURSE OE PERFORMANCE, OR USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC COMPANY MAKES NO REPRESENTATIONS WARRANTIES WITH RESPECT TO ANY PLAN OF CARE, OR WARRANTIES ORDER MADE THROUGH THE PLATFORM. TO THE EXTENT THAT EITHER PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE PRODUCTS SCOPE AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE DURATION OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, WARRANTY WILL BE THE MINIMUM PERMITTED UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)LAW.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION, THE PRODUCTS AND SERVICES THERE ARE NO OTHER WARRANTIES, LIABILITIES OR REMEDIES PROVIDED "AS IS” AND OCLC AND ITS BY AXWAY, AXWAY'S SUPPLIERS OR ANY OTHER THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF SERVICES. OTHER TH AN THE PRODUCTS FOREGOING EXPRESS WARRANTIES, THE SERVICE AND THE CONTENT THEREIN ARE PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS. AXWAY MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR -FREE, OR SERVICESFREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SUBSCRIPTION SERVICE WILL SATISFY CUSTOMER’S SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGAXWAY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY TO IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE PURPOSE AND NON -INFRINGEMENT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS RIGHTS. SOME STATES AND SERVICES. HOWEVERJURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL SO THE ABOVE LIMITATION MAY NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CUSTOMER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL TECHNOLOGY AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER OR IN THIS AGREEMENT, CONNECTION WITH THE PRODUCTS AND SERVICES ARE PRIOR TRANSFERS IS LICENSED OR PROVIDED ON AN "AS IS” " BASIS, AND OCLC THAT NEITHER PARTY (NOR ANY OTHER MEMBER OF THE SCHLUMBERGER GROUP AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE THE NPT GROUP) MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KINDWHATSOEVER, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE QUALITY OR ENFORCEABILITY OF ANY RIGHTS TO THE PERFORMANCE OF THE PRODUCTS SUCH TECHNOLOGY AND ANY OTHER INFORMATION OR SERVICESMATERIALS LICENSED OR PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, AND ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ENFORCEABILITY OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEINFRINGEMENT. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES EACH PARTY ACKNOWLEDGES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE IT IS SOLELY RESPONSIBLE FOR ANY LOSS ARISING OUT RESULTS OBTAINED FROM THE USE OF FAILURE OF THE TECHNOLOGY OR INFORMATION AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY CLAIMS IT MAY HAVE OR LATER MAY HAVE AGAINST THE OTHER IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROLUSE. ADDITIONALLYWithout limiting the generality of the foregoing, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW neither party (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)nor any other member of the Schlumberger Group and the NPT Group) makes any warranty or representation that any manufacture, use, importation, offer for sale or sale of any product or service will be free from infringement of any Patent or other intellectual property right of any Third Party.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE 3.1 ANY AND ALL PRODUCTS AND SERVICES DELIVERED BY HUAWEI AND ITS SUPPLIERS ARE PROVIDED ON AN "AS AS-IS” " AND OCLC "WITH-ALL- FAULTS" BASIS. HUAWEI, AND ITS THIRD PARTY THEIR SUPPLIERS DO NOT MAKE EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND ALL WARRANTIES, EXPLICIT OR WARRANTIES OF ANY KINDIMPLICIT, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, INCLUDING BUT NOT LIMITED TOTO IMPLICIT WARRANTIES OF NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, AND TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC . 3.2 NEITHER HUAWEI NOR TOMTOM NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY LOSS INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF FAILURE THIS AGREEMENT, INCLUDING LOST PROFITS. COSTS OF COVER, LOSS OF USE, BUSINESS INTERRUPTIONS, OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYDAMAGES. 3.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES NEITHER HUAWEI, NOR THEIR SUPPLIERS SHALL OCLC BE LIABLE HAVE MONETARY LIABILITY TO YOU FOR ANY LOSS ARISING OUT CAUSE (REGARDLESS OF A DATA THE FORM OF ACTION) UNDER OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. RELATING TO THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)AGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH OTHERWISE PROVIDED FOR IN THIS AGREEMENTAGREEMENT OR ANY SOW, THE PRODUCTS AND SERVICES ARE PROVIDED "“AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, WARRANTIES BASED ON COURSE OF DEALING OR COURSE USAGE IN TRADE. FACL DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF PERFORMANCEBUGS OR COMPUTER VIRUSES, AND HEREBY DISCLAIMS ANY ALL LIABILITY FOR ANY LOSS OR DAMAGES SUFFERED BY ANY PERSON OR ENTITY, INCLUDING CUSTOMER, ON ACCOUNT OF BUGS, VIRUSES, OR OTHER MALICIOUS CODE IN THE SERVICES. OCLC FACL MAKES NO REPRESENTATIONS OR WARRANTIES THAT ABOUT THE PRODUCTS AND LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES WILL ALWAYS BE ACCESSIBLEIN ANY GEOGRAPHIC AREA. 9. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FREE OF HARMFUL COMPONENTS, ACCURATE NEITHER CUSTOMER NOR FACL SHALL HAVE ANY LIABILITY UNDER OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS ARISING OUT OF FAILURE PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF FACL OR CUSTOMER IS AWARE OF THE POSSIBILITY OF SUCH THIRD PARTY PRODUCTS LOSS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREDAMAGES. THIS SECTION WILL NOT APPLY LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT ARE AGGREGATED TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT CALCULATE SATISFACTION OF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)LIMIT.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS SECTION 10 (“LIMITED WARRANTIES”) ARE EXCLUSIVE AND SERVICES THERE ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDNO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, AND DELIVERHEALTH HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AND TITLE. DELIVERHEALTH DOES NOT GUARANTEE THAT THE SOFTWARE OR SERVICES WILL YIELD ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEPARTICULAR BUSINESS OR FINANCIAL RESULT, COURSE OF DEALING OR COURSE OF PERFORMANCETHAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. OCLC DELIVERHEALTH MAKES NO REPRESENTATIONS REPRESENTATION OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREEWARRANTY WITH RESPECT TO ANY THIRD- PARTY SOFTWARE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC DELIVERHEALTH'S THIRD PARTY SUPPLIERS OF ANY COMPONENT OF THE DELIVERHEALTH SOFTWARE, CLOUD SERVICES BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY LOSS DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF A DATA UNDER THIS AGREEMENT OR A SECURITY BREACH ORIGINATING OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT BENEFICIARIES OF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)FOREGOING SENTENCE.

Disclaimer. EXCEPT AS EXPRESSLY WITH THE EXCEPTION OF THE ASSURANCES AND GUARANTEES EXPLICITLY SET FORTH OUT IN THIS AGREEMENTSECTION 11 AND ANY ASSURANCES RELATING TO THE ON-PREMISES AND HYBRID SOLUTIONS (AS APPROPRIATE) SET OUT IN SECTION 16, THE PRODUCTS SERVICES, IT SOLUTIONS AND SERVICES ROCHE CONTENT ARE PROVIDED "“AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE WITHOUT ANY REPRESENTATIONS EXPRESS OR WARRANTIES IMPLIED ASSURANCE OR WARRANTY OF ANY KIND, EXPRESS INCLUDING ANY ASSURANCES OR IMPLIEDGUARANTEES REGARDING THE ACCURACY, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS FUNCTIONALITY, USE, TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND EACH PARTY HEREBY DISCLAIMS LIABILITY FOR ANY SUCH ASSURANCES AND GUARANTEES. WITHOUT LIMITATION OF THE ABOVE, ROCHE AND ITS AFFILIATES DO NOT PROVIDE ANY EXPRESS OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES WARRANTY THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROLTHEIR USE SHALL BE PROVIDED RELIABLY, WITHOUT INTERRUPTION OR WITHOUT ERROR. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC SHOULD ROCHE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY LOSS ARISING OUT INVOLVED DIRECTLY OR INDIRECTLY IN THE PROVISION OF A DATA MEDICAL ACTIVITIES OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)MEDICAL SERVICES.

Disclaimer. EXCEPT BECAUSE OF THE POSSIBILITY OF HUMAN, TECHNICAL AND MECHANICAL ERROR, AS EXPRESSLY SET FORTH WELL AS OTHER FACTS, Datalink IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OF OR FROM THE INFORMATION CONTAINED IN THIS AGREEMENT, ACCESSED THROUGH EXTENDED CARE PROFESSIONAL. THE PRODUCTS MATERIALS AND SERVICES INFORMATION AVAILABLE IN AND THROUGH EXTENDED CARE PROFESSIONAL ARE PROVIDED "“AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WITHOUT WARRANTIES OF ANY KINDKIND WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Datalink DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC Datalink, ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOSS ARISING OUT OF A LOST PROFITS, LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR FOR ANY INDIRECT, SPECIAL, E.INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)REASONABLE ALLOCATION OF RISK.

Disclaimer. EXCEPT AS EXPRESSLY THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES GIVEN BY PACKAGEX WITH RESPECT TO THE SERVICES OR THIS AGREEMENT. PACKAGEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO MERCHANTABLE, WILL OPERATE UNINTERRUPTED OR FREE OF DEFECT OR ERROR, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE. PACKAGEX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES. CUSTOMER AGREES THAT ITS PURCHASES HEREUNDER ARE FOR THE CURRENTLY AVAILABLE SERVICES AND ARE NEITHER CONTINGENT ON THE DELIVERY OF ANY KINDFUTURE FUNCTIONALITY OR FEATURES NOR DEPENDENT ON ANY ORAL OR WRITTEN PUBLIC COMMENTS MADE BY PACKAGEX REGARDING FUTURE FUNCTIONALITY OR FEATURES. PACKAGEX WILL HAVE NO LIABILITY FOR DELAYS, EXPRESS FAILURES OR IMPLIED, WITH RESPECT LOSSES ATTRIBUTABLE OR RELATED IN ANY WAY TO THE PERFORMANCE USE OR IMPLEMENTATION OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD THIRD- PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS SOFTWARE OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED PROVIDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PACKAGEX.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, THE PRODUCTS AND SERVICES INTELLECTUAL PROPERTY RIGHTS PROVIDED BY AURINIA ARE PROVIDED "“AS IS” AND OCLC WITHOUT WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH OF THE PARTIES EXPRESSLY DISCLAIMS ANY AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING THE PERFORMANCE WARRANTIES OF THE PRODUCTS OR SERVICESDESIGN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT VALIDITY, OR ANY IMPLIED WARRANTY ENFORCEABILITY OF THEIR RESPECTIVE INTELLECTUAL PROPERTY RIGHTS, AND NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE OF PERFORMANCETRADE PRACTICES, IN ALL CASES WITH RESPECT THERETO. OCLC MAKES NO REPRESENTATIONS EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTIES WARRANTY THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLEDEVELOPMENT, FREE MANUFACTURE OR COMMERCIALIZATION OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. PRODUCT PURSUANT TO THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY AGREEMENT SHALL BE LIMITED SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE FULLEST EXTENT PERMITTED)ANY LICENSED PRODUCT SHALL BE ACHIEVED.

Disclaimer. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT ISO’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS EXPRESSLY SET FORTH HEREIN. IN THIS AGREEMENTTHE EVENT THAT ISO FAILS TO PERFORM SERVICES PROPERLY, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND ISO’S SOLE OBLIGATION SHALL BE FOR ISO TO REPERFORM THE PRODUCTS SERVICES AT ITS OWN EXPENSE. ISO DISCLAIMS ANY AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDALL WARRANTIES, EXPRESS OR IMPLIED, WITH WRITTEN OR ORAL IN RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR INTERRUPTION. ISO SHALL HAVE NO LIABILITY, NON-INFRINGEMENT WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY IMPLIED WARRANTY OTHERWISE, TO CUSTOMER ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS RELATED TO THIS AGREEMENT OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLCISO’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC ISO BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER ISO WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LOSS ARISING OUT LIMITED REMEDY HEREIN FAILS OF FAILURE ITS ESSENTIAL PURPOSE. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF SUCH THIRD PARTY PRODUCTS ALL OTHER REMEDIES IN LAW OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)EQUITY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 6 (REPRESENTATIONS AND WARRANTIES), AND IN THE PRODUCTS APPLICABLE AGREEMENT FOR THE SOFTWARE AND/OR SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM PROVIDER’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW OF DATA DEPENDS ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, NON-INFRINGEMENT ACTIONS OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE INACTIONS OF SUCH THIRD PARTY PRODUCTS PARTIES CAN IMPAIR OR SERVICES DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET (OR OTHER PORTIONS THEREOF). ALTHOUGH PROVIDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, PROVIDER CANNOT GUARANTEE THAT SUCH EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE OCCUR. PROVIDER DISCLAIMS ANY AND ALL LIABILITY SHALL BE LIMITED RESULTING FROM OR RELATED TO THE FULLEST EXTENT PERMITTED)PERFORMANCE OR NON- PERFORMANCE OF SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS SECTION 11 (“LIMITED WARRANTIES”) ARE EXCLUSIVE AND SERVICES THERE ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDNO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, AND DELIVERHEALTH HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AND TITLE. DELIVERHEALTH DOES NOT GUARANTEE THAT THE SOFTWARE OR SERVICES WILL YIELD ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEPARTICULAR BUSINESS OR FINANCIAL RESULT, COURSE OF DEALING OR COURSE OF PERFORMANCETHAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. OCLC DELIVERHEALTH MAKES NO REPRESENTATIONS REPRESENTATION OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREEWARRANTY WITH RESPECT TO ANY THIRD- PARTY SOFTWARE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC DELIVERHEALTH'S THIRD PARTY SUPPLIERS OF ANY COMPONENT OF THE DELIVERHEALTH SOFTWARE, CLOUD SERVICES BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY LOSS DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF A DATA UNDER THIS AGREEMENT OR A SECURITY BREACH ORIGINATING OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT BENEFICIARIES OF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)FOREGOING SENTENCE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 18.1, THE PRODUCTS AGROFRESH PROVIDES FRESHCLOUD AND SUPPORT SERVICES ARE PROVIDED "“AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGROFRESH ON BEHALF OF ITSELF AND OCLC SUPPLIERS, (A) MAKES NO EXPRESS WARRANTIES OR CONDITIONS RELATED TO FRESHCLOUD OR SUPPORT SERVICES; (B) EXPRESSLY DISCLAIMS ALL WARRANTIES AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT; AND (C) DISCLAIMS ANY WARRANTY OR CONDITION ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE OR USAGE OF THE PRODUCTS TRADE. AGROFRESH DOES NOT WARRANT THAT FRESHCLOUD OR SERVICES, INCLUDING, BUT NOT LIMITED SUPPORT SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ACCESS TO, ANY OR THE OPERATION OF, FRESHCLOUD WILL BE FAIL SAFE, UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEINFRINGEMENT. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PERMITTED BY LAW, AGROFRESH EXCLUDES ALL SUCH WARRANTIES AND ANY OTHER WARRANTIES SERVING A SIMILAR PURPOSE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL PATENT RIGHTS AND KNOW-HOW PROVIDED HEREUNDER ARE PROVIDED AS-IS. SERVIER MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO ANY PATENTS, KNOW-HOW, DATA, LICENSED PRODUCT OR API OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS INCLUDING BUT NOT LIMITED TO WITH RESPECT TO ▇▇▇▇▇▇’▇ DEVELOPMENT AND SERVICES ARE COMMERCIALIZATION OF ACEON. EXCEPT AS EXPRESSLY PROVIDED "AS IS” IN THIS AGREEMENT, SERVIER DISCLAIMS, AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WAIVES ALL WARRANTIES OF ANY KINDAND TO, XOMA, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS ANY LICENSED PRODUCT OR SERVICESAPI OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE FROM COURSE OF TRADEPERFORMANCE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS TRADE, AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE ANY IMPLIED WARRANTY OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)NONINFRINGEMENT.

Disclaimer. EXCEPT IF ANY PARTY DEFAULTS IN ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND SUBJECT TO THE LIABILITY CAP IN SECTION 8.K OF APPENDIX A OF THE DIR CONTRACT, AS EXPRESSLY SET FORTH IN THIS AGREEMENTMODIFIED BY THE PARTIES, THE PRODUCTS NON BREACHING PARTY WILL BE ENTITLED TO RECOVER FROM THE BREACHING PARTY ONLY THE ACTUAL AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND DIRECT DAMAGES THAT THE NON BREACHING PARTY MAY INCUR ON ACCOUNT OF SUCH BREACH. NEITHER PARTY NOR ANY OF ITS THIRD RESPECTIVE AFFILIATES OR LICENSORS WILL BE LIABLE TO THE OTHER PARTY SUPPLIERS DO NOT MAKE FOR ANY REPRESENTATIONS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR WARRANTIES EXEMPLARY DAMAGES EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ASSOCIATED WITH: LOSS OF PROFITS OR GOOD WILL; UNAVAILABILITY OR NONPERFORMANCE OF ANY KINDOR ALL OF THE SERVICES; INVESTMENTS, EXPRESS EXPENDITURES OR IMPLIED, WITH RESPECT COMMITMENTS RELATED TO USE OR ACCESS TO THE PERFORMANCE SERVICE OFFERINGS; COST OF THE PRODUCTS PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED ; UNAUTHORIZED ACCESS TO, COMPROMISE, ALTERATION OR LOSS OF CUSTOMER CONTENT; OR COST OF REPLACEMENT OR RESTORATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT LOST OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)ALTERTED CUSTOMER CONTENT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND 6.2 ABOVE, COILED MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICES, SUPPORT AND MAINTENANCE, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. COILED DOES NOT WARRANT THAT THE SERVICES, SUPPORT AND MAINTENANCE, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCTS AND SERVICES ARE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR WARRANTIES OF ANY KIND, EXPRESS THAT THEY WILL BE FREE FROM DEFECTS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THAT THE PRODUCTS OR SERVICESARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. COILED HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, NON-INFRINGEMENT SUPPORT AND MAINTENANCE, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEMATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED EXCEPT TO THE FULLEST EXTENT PERMITTED)THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC VENDOR AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING IMPLIED AND STATUTORY WARRANTIES) OTHER THAN THOSE EXPRESSLY PROVIDED IN SECTION 7.1 ABOVE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. FURTHER, VENDOR AND ITS SUPPLIERS DO NOT WARRANT THAT ANY SERVICE SHALL MEET CUSTOMER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-ARE ERROR FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS VENDOR DOES NOT PROVIDE, AND SERVICES WITH THIRD PARTY PRODUCTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE ALL OBLIGATIONS OR LIABILITIES FOR ANY LOSS DAMAGES ARISING OUT OF FAILURE OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE THEREOF. ANY ESTIMATE REGARDING SCOPE, TIME OF SUCH THIRD PARTY PRODUCTS OR SERVICES COMPLETION, COSTS, OR OTHER EVENTS OUTSIDE MATTERS WHICH MAY BE PROVIDED BY VENDOR ORALLY OR IN WRITING (WHETHER IN A STATEMENT OF OCLC’S WORK OR OTHERWISE) ARE GIVEN USING COMMERCIALLY REASONABLE CONTROL. ADDITIONALLYMETHODS OF ESTIMATION AND ARE IN GOOD FAITH, UNDER NO CIRCUMSTANCES BUT SHALL OCLC NOT BE LIABLE FOR CONSTRUED AS A WARRANTY OR GUARANTEE OF ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)TYPE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE YOU AGREE THAT ALL BANK PROPERTY IS PROVIDED "AS AS-IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY " WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE AND OUR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR USAGE OF TRADE, IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE BANK PROPERTY. WE DO NOT WARRANT THAT THE BANK PROPERTY WILL MEET YOUR NEEDS OR WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PERFORMANCE THIRD- PARTY COMPONENTS OF THE PRODUCTS BANK PROPERTY. YOU HEREBY WAIVE AND FULLY RELEASE SILVERGATE BANK, ITS AFFILIATES AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS THAT IT MAY HAVE AGAINST SILVERGATE BANK, ITS AFFILIATES AND SUPPLIERS ARISING OUT OF THE PERFORMANCE OR SERVICESNONPERFORMANCE UNDER THIS SERVICE AGREEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO DAMAGE TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT COMPUTER SYSTEM OR ANY IMPLIED WARRANTY ARISING BY USAGE LOSS OF TRADEDATA, COURSE THAT ARISE FROM YOUR USE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)BANK PROPERTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE PRODUCTS SERVICES ARE BASED UPON CERTAIN DATA RECEIVED FROM USER AND/OR THIRD PARTIES, AND SUBJECT TO FREQUENT CHANGE. CBC DASHBOARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED "ON AN ''AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR " BASIS, WITHOUT WARRANTIES OF ANY KINDKIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTY OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT INFRINGEMENT. ANY RELIANCE ON OR ANY IMPLIED WARRANTY ARISING USE BY USAGE USER OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHE SERVICES SHALL BE ENTIRELY AT USER'S OWN RISK. OCLC CBC DASHBOARD MAKES NO REPRESENTATIONS OR WARRANTIES THAT ABOUT THE PRODUCTS LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. USER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND SERVICES WILL ALWAYS BE ACCESSIBLEALL NECESSARY LICENSES, FREE OF HARMFUL COMPONENTSCERTIFICATES, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERPERMITS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES APPROVALS OR OTHER EVENTS OUTSIDE AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO USER'S USE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD THIRD-PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENTARTICLE X, THE PRODUCTS AND SERVICES ARE PROVIDED "ON AN “AS IS” BASIS AND OCLC THE RECEIPT AND USE OF THE SERVICES BY CLIENT AND ITS THIRD PARTY SUPPLIERS DO AFFILIATES IS AT THEIR OWN RISK AND CTS DISCLAIMS ANY ASSURANCE OR WARRANTY REGARDING THE PAST OR CONTINUED SUPPLY, ACCURACY, CALCULATION OR PUBLICATION OF THE SERVICES AND ANY CTS IP, AND CTS DOES NOT MAKE GUARANTEE ANY REPRESENTATIONS SPECIFIC RESULTS FROM CLIENT’S USE OF THE SERVICES OR WARRANTIES OF ANY KINDCTS IP. CTS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE IMPLIED (BY OPERATION OF THE PRODUCTS LAW OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OTHERWISE) INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AND TITLE AND ANY IMPLIED WARRANTY WARRANTIES ARISING BY USAGE OF TRADE, FROM ANY COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE, LOSS OF PERFORMANCEOR DAMAGE TO DATA, LOSS OF BUSINESS OR LOST PROFITS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT NOTWITHSTANDING ANYTHING TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECONTRARY, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC CTS SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES HOSTING OR OTHER EVENTS OUTSIDE SERVICE PROVIDER INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE PERFORMANCE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT MANAGEMENT OR OTHER SERVICES BY CTS UNLESS CTS IS GROSSLY NEGLIGENT OR COMMITS AN ACT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)WILLFUL MISCONDUCT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS INTERACT HEREBY DISCLAIMS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE EXCLUDES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS ARE COMPATIBLE WITH ANY COMBINATION OF PRODUCTS NOT FURNISHED BY INTERACT WHICH THE RESELLER OR ANY PURCHASER OR END USER MAY CHOOSE TO CONNECT TO THE PRODUCT EXCEPT FOR THOSE EXPRESSLY APPROVED IN WRITING BY INTERACT. INTERACT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR RESELLER'S PURPOSE, QUALITY, ACCURACY, TITLE, AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE NON-INFRINGEMENT. INTERACT DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF HARMFUL COMPONENTS, ACCURATE THE INTERACT SOLUTION OR AGAINST INFRINGEMENT. INTERACT DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREEFREE OR THAT OPERATION OF THE PRODUCTS WILL BE SECURE OR UNINTERRUPTED. INSTITUTION MAY INTEGRATE OCLC’S INTERACT DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT DETECT EVERY VULNERABILITY OF A DATA CUSTOMER'S NETWORK, THAT INFORMATION AVAILABLE THROUGH THE PRODUCTS WILL BE ACCURATE, COMPLETE, OR CURRENT, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. RESELLER UNDERSTANDS AND AGREES THAT THE DISCLAIMER OF WARRANTIES IN THIS AGREEMENT IS FAIR AND REASONABLE AND A SECURITY BREACH ORIGINATING FROM FUNDAMENTAL PART OF THIS AGREEMENT AND THAT INTERACT WOULD NOT AGREE TO ENTER THIS AGREEMENT WITHOUT SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DISCLAIMER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES LICENSED MATERIALS ARE PROVIDED "“AS IS” ”, AND OCLC SENSTHYS AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDOTHERWISE, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS LICENSED MATERIALS OR SERVICESANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT, OR ANY IMPLIED WARRANTY THOSE ARISING BY USAGE OF TRADE, COURSE OF DEALING OR FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. OCLC MAKES SENSTHYS’S SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES DIRECT WARRANTY OF ANY KIND TO LICENSEE FOR THE LICENSED MATERIALS. NEITHER SENSTHYS NOR ANY OF ITS SUPPLIERS WARRANT THAT THE PRODUCTS AND SERVICES LICENSED MATERIALS OR ANY PART THEREOF WILL ALWAYS MEET LICENSEE’S REQUIREMENTS OR BE ACCESSIBLEUNINTERRUPTED, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE, OR THAT ANY ERRORS IN THE LICENSED MATERIALS WILL BE CORRECTED. INSTITUTION SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN LICENSEE. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE OTHER RIGHTS, WHICH EVENT THE LIABILITY SHALL BE LIMITED VARY FROM STATE/JURISDICTION TO THE FULLEST EXTENT PERMITTED)STATE/JURISDICTION.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, CUSTOMER UNDERSTANDS AND AGREES THAT THE PRODUCTS SERVICE, THE CONTRUENT MATERIALS, AND THE PROFESSIONAL SERVICES ARE PROVIDED "“AS IS” AND OCLC AND CONTRUENT, ITS AFFILIATES, THIRD PARTY SUPPLIERS DO NOT PROVIDERS, AND LICENSORS MAKE ANY REPRESENTATIONS OR NO WARRANTIES OF ANY KINDKIND WHETHER EXPRESS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF THE PRODUCTS OR SERVICESTITLE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEAPPLICABLE LAW. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES CONTRUENT DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES SERVICE WILL ALWAYS BE ACCESSIBLEUNINTERRUPTED, FREE OF HARMFUL COMPONENTSTIMELY, ACCURATE OR SECURE, ERROR-FREE, OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS CONTRUENT IS NOT RESPONSIBLE FOR AND SERVICES WITH DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)HOSTING SERVICE PROVIDERS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH WITH RESPECT TO THE PRODUCTS AND SERVICES DESCRIBED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS” " AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY "AS AVAILABLE" BASIS FOR YOUR USE. ZF MAKES NO WARRANTIES, REPRESENTATIONS OR PROMISES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. ZF DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. ZF SPECIFICALLY DOES NOT WARRANT THAT THE INFORMATION AND MATERIAL CONTAINED IN THE PRODUCTS OR THE USE OF THE PRODUCTS WILL MEET YOUR REQUIREMENTS. ZF DOES NOT WARRANT OR MAKE ANY IMPLIED REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZF OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY ARISING BY USAGE OR IN ANY WAY INCREASE THE SCOPE OF TRADE, COURSE ANY WARRANTY EXPRESSLY SET FORTH IN THIS AGREEMENT. ZF DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCTS AT THE TIMES OR LOCATIONS OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES YOUR CHOOSING; THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED OR ERROR- FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTADDITION TO THE LIMITATIONS OF LIABILITY IN SECTION 10, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR, AND IRONBENCH SHALL HAVE NO LIABILITY FOR, ANY INTENTIONAL, UNINTENTIONAL, OR MALICIOUS ACTIVITY OR USE OF THE PRODUCTS BY CUSTOMER OR ITS EMPLOYEES, PERSONNEL, AND/OR CONTRACTORS AND SERVICES ANY RESULTING LIABILITY INCLUDING: LOSS OF DATA, DAMAGE TO HARDWARE, OR INTERRUPTION OF BUSINESS OPERATIONS. IRON BENCH PRODUCTS MAY INCLUDE CERTAIN FEATURES AND FUNCTIONALITIES THAT ALLOW ACCESS, AUTHENTICATION, INTEGRATION, COMMUNICATION, AND/OR OTHER CONNECTION METHODS WITH SOFTWARE, INFORMATION, PRODUCTS, OR WEB SITES THAT ARE PROVIDED "AS IS” OWNED OR OPERATED BY OTHER THIRD PARTY COMPANIES (“THIRD PARTY RESOURCES”). IRON BENCH CANNOT GUARANTEE ANY PRODUCT FEATURES AND/OR FUNCTIONALITIES WILL OPERATE ERROR-FREE OR REMAIN COMPATIBLE WITH THIRD PARTY RESOURCES. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR, AND OCLC AND IRON BENCH SHALL HAVE NO LIABILITY FOR, ITS USE OF PRODUCTS WITH THIRD PARTY RESOURCES (INCLUDING ANY ERRORS OR INCOMPATIBILITY), ITS THIRD PARTY SUPPLIERS DO NOT MAKE RESOURCES SETTINGS AND CONFIGURATIONS (INCLUDING ANY REPRESENTATIONS WEAK, INSECURE, OR WARRANTIES OF ANY KINDVULNERABLE SETTINGS), EXPRESS OR IMPLIED, AND COMPLYING WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH ITS THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)RESOURCES AGREEMENTS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTSECTION (A), THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS GRIT SEED MAKES NO ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KINDKIND WHETHER EXPRESS, EXPRESS IMPLIED (EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW), WITH RESPECT OR STATUTORY, AS TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MATTER WHATSOEVER. GRIT SEED EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE INFRINGEMENT. GRIT SEED DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHE GRIT SEED SERVICES. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES GRIT SEED DOES NOT WARRANT THAT THE PRODUCTS AND GRIT SEED SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE GRIT SEED SERVICES WILL BE SECURE OR UNINTERRUPTED. GRIT SEED DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE GRIT SEED SERVICES IS ACCURATE OR COMPLETE OR THAT ANY INFORMATION PROVIDED THROUGH THE GRIT SEED SERVICES WILL ALWAYS BE ACCESSIBLE, FREE AVAILABLE. THE PROVISION OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND THE GRIT SEED SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, BY GRIT SEED IN NO EVENT WILL OCLC BE LIABLE FOR WAY CONSTITUTES MEDICAL ADVICE. GRIT SEED EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LOSS LIABILITY ARISING OUT OF FAILURE OR BASED UPON THE RESULTS OF SUCH THIRD PARTY PRODUCTS SUBSCRIBER’S USE OF OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED ACCESS TO THE FULLEST EXTENT PERMITTED)GRIT SEED SERVICES.

Disclaimer. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSIDER EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS DISCLAIMS ANY AND SERVICES ARE PROVIDED "AS IS” ALL REPRESENTATIONS AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDWARRANTIES, WITH RESPECT TO THE PERFORMANCE OF INSIDER SERVICES OR THE PRODUCTS INSIDER CODE, WHETHER EXPRESS OR SERVICESIMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR STATEMENT, NON-INFRINGEMENT INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR ANY IMPLIED PERFORMANCE OF THE INSIDER SERVICES NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEINSIDER. OCLC INSIDER MAKES NO REPRESENTATIONS OR WARRANTIES THAT WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD-PARTY PROVIDER SOFTWARE USED BY CUSTOMER IN CONNECTION WITH THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND INSIDER SERVICES. HOWEVER, IN NO EVENT INSIDER WILL OCLC NOT BE LIABLE IN ANY MANNER FOR ANY LOSS ARISING OUT RESTRICTED INFORMATION RECEIVED FROM OR ON BEHALF OF FAILURE CUSTOMER IN BREACH OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)AGREEMENT.