Common use of Disclaimer Clause in Contracts

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” LICENSED MATERIALS AVAILABLE THROUGH THE SERVICES HAVE BEEN GATHERED BY CB INSIGHTS FROM SOURCES BELIEVED BY CB INSIGHTS TO BE RELIABLE AND “AS AVAILABLE” BASIS HAVE BEEN ARRANGED IN A WAY THAT CB INSIGHTS BELIEVES WILL INCREASE THE EASE OF ACCESS, USE, AND MAY CONTAIN DEFECTSUTILITY OF THE SERVICES. TO THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS KIND TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KINDOTHER PARTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (2) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, WITHOUT LIMITATION, ANY WITH RESPECT TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND (3) CB INSIGHTS’ LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR OTHERWISE REGARDING GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE MONTYCLOUD PLATFORM SERVICES TO SUPPLYING THE SERVICES AGAIN OR RESULT INCLUDING ANY WARRANTY PAYING THE COST OF SUPPLYING THE SERVICES AGAIN. CUSTOMER AGREES AND ACKNOWLEDGES THAT THE MONTYCLOUD PLATFORM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CB INSIGHTS DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICES WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, ERROR ERROR-FREE OR FREE UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM ITS USE WILL BE ACCURATE OR RELIABLE; OR (III) ALL DEFICIENCIES IN THE SERVICES CAN BE FOUND OR CORRECTED. CB INSIGHTS WILL NOT BE RESPONSIBLE FOR: (A) LOSS OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE CUSTOMER DATA; OR WORK (B) THE INABILITY OF CUSTOMER OR ANY USER TO ACCESS OR INTERACT WITH ANY SOFTWARE OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR SYSTEM USERS THAT COMPRISE THE INTERNET OR OTHER SERVICES, BE SECURE, THE INFORMATIONAL OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDCOMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS EXPRESS LIMITED WARRANTY PROVIDED ON AN IN SECTION 18, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, SATISFACTORY QUALITY, ; (ii) FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR QUIET ENJOYMENTTHAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND ANY WARRANTIES LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY COURSE ACTION OR INACTION OF DEALING SUBSCRIBER OR USAGE ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF TRADETHE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDRELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS EXPRESS LIMITED WARRANTY PROVIDED ON AN IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, SATISFACTORY QUALITY, ; (ii) FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR QUIET ENJOYMENTTHAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND ANY WARRANTIES LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY COURSE ACTION OR INACTION OF DEALING SUBSCRIBER OR USAGE ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF TRADETHE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDRELATED TO SUCH EVENTS.

Disclaimer. 8.4.1 NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A WARRANTY BY BROAD THAT IT CAN OR WILL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “LICENSED PATENT RIGHTS, OR THAT ANY OF THE LICENSED PATENT RIGHTS WILL AFFORD ADEQUATE OR COMMERCIALLY WORTHWHILE PROTECTION. BROAD MAKES NO WARRANTIES WHATSOEVER AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. TO THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES COMMERCIAL OR SCIENTIFIC VALUE OF THE LICENSED PATENT RIGHTS. 8.4.2 BROAD MAKES NO REPRESENTATION THAT THE PRACTICE OF THE LICENSED PATENT RIGHTS OR THE DEVELOPMENT, MANUFACTURE, USE, SALE OR IMPORTATION OF ANY KINDLICENSED PRODUCT, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED ELEMENT THEREOF, WILL NOT INFRINGE ANY PATENT OR PROPRIETARY RIGHTS OF A THIRD PARTY. 8.4.3 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER COMPANY NOR BROAD MAKES ANY WARRANTY WITH RESPECT TO ANY TECHNOLOGY, PATENTS, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND EACH OF COMPANY AND BROAD HEREBY DISCLAIMS WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[***]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, INFRINGEMENT WITH RESPECT TO ANY AND ANY WARRANTIES ARISING OUT ALL OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDFOREGOING.

Disclaimer. THE MONTYCLOUD PLATFORM IS EXCEPT AS EXPRESSLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENTHEREIN, AND TO THE EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), NEITHER MONKEY NOR ANY WARRANTIES ARISING OUT OF ITS THIRD PARTY VENDORS MAKE ANY COURSE OF DEALING REPRESENTATIONS OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT OTHERWISE, AND EACH OF MONKEY AND ITS THIRD PARTY VENDORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OR NON-INFRINGEMENT, TO THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, ERROR FREE AND ANY OTHER TECHNOLOGY OR FREE FEATURES USED BY CUSTOMER IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, IMAGES, THIRD-PARTY PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE PRODUCTS OR SERVICES, REMAINS WITH CUSTOMER. ADDITIONALLY, NEITHER MONKEY NOR ITS THIRD PARTY VENDORS WARRANT OR MAKE ANY REPRESENTATION REGARDING (A) THE USE OR THE RESULTS OF HARMFUL COMPONENTSTHE USE OF ITS MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, OPERATE WITHOUT INTERRUPTIONWEBSITES OR ANY THIRD PARTY PRODUCTS, BE COMPATIBLE SERVICES OR WORK WITH ANY SOFTWARE WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR SYSTEM OTHERWISE, OR (B) THE ACCURACY OF CODES, IMAGES, INFORMATION OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES. THE CLINICAL INFORMATION PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF DOCTORS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION OR OTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY GIVEN PATIENT. MONKEY AND ITS THIRD PARTY WILL VENDORS ARE NOT A HEALTH PLAN, HEALTH CARE PROVIDER OR PRESCRIBER. NEITHER MONKEY NOR ITS THIRD PARTY VENDORS GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. CUSTOMER ASSUMES THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS OBTAINED IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES AND CUSTOMER’S USE OF THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IN CONNECTION WITH CUSTOMER’S HARDWARE. MONKEY AND ITS THIRD PARTY VENDORS SHALL NOT BE SECURE LIABLE FOR ANY DAMAGE CAUSED BY THE INTERACTION OF THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES WITH ANY DEVICE OR NOT OTHERWISE LOST OR DAMAGEDANY INFORMATION TECHNOLOGY INFRASTRUCTURE OF CUSTOMER.

Disclaimer. THE MONTYCLOUD PLATFORM IS EXCEPT AS EXPRESSLY PROVIDED ON AN “AS IS” IN THIS AGREEMENT, NASUNI DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDUNDERTAKINGS, EITHER EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED BY STATUTE, CUSTOM OR USAGE, COURSE OF DEALING, OR COMMON LAW) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENTINFRINGEMENT (BUT FOR CLARITY THIS DISCLAIMER DOES NOT LIMIT NASUNI’S INDEMNFICATION OBLIGATIONS UNDER SECTION 13.1). WITHOUT LIMITING NASUNI’S EXPRESS OBLIGATIONS IN SECTION 7 (PROTECTED INFORMATION), SECTION 11.1 (LIMITED WARRANTY) OR 4.1 (TECHNICAL SUPPORT), NASUNI DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR BUSINESS GOALS OR OTHER REQUIREMENTS OR EXPECTATIONS. NASUNI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, DATA LOSS OR CORRUPTION NOT CAUSED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DATA LOSS OR CORRUPTION CAUSED BY YOU, YOUR CLOUD STORAGE PROVIDER, INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY PROVIDER, OR QUIET ENJOYMENTBY ANY THIRD PARTY EQUIPMENT OR VIRTUAL APPLIANCE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT SYSTEMS OUTSIDE OF NASUNI’S REASONABLE CONTROL (INCLUDING BUT NOT LIMITED TO ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL PLATFORM). YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF SUCH STATUTORY RIGHTS, IF ANY, SHALL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDLIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS PRODUCT WARRANTY EXPRESSLY PROVIDED ON AN “AS IS” UNDER SECTION 5.11(a), UCB HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDWARRANTIES, EITHER EXPRESS WHETHER WRITTEN OR IMPLIED ORAL OR EXPRESSED OR IMPLIED, WITH RESPECT TO PRODUCT SUPPLIED IN CONNECTION WITH SECTION 5.11, INCLUDING ANY IMPLIED WARRANTIES REPRESENTATION OR WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT THE USE OF ANY MATERIALS OR CUSTOMER DATA PROVIDED PRODUCT FOR PURPOSES OTHER THAN THOSE SPECIFIED IN THIS AGREEMENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. DERMIRA ACKNOWLEDGES AND AGREES THAT THE PRODUCT HAS NOT BEEN APPROVED BY CUSTOMER ANY REGULATORY AUTHORITY FOR THE USES SET FORTH IN THE PHASE 3 PROTOCOL OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDPOST-APPROVAL STUDY PROTOCOL IN THE DEVELOPMENT INDICATION (OTHER THAN FOR INVESTIGATIONAL USE IN ACCORDANCE THEREWITH) AND THAT A PHASE 3 STUDY AND ANY POST-APPROVAL STUDY IN THE DEVELOPMENT INDICATION IS BEING CONDUCTED, INTER ALIA, TO DETERMINE WHETHER THE PRODUCT IS SAFE AND EFFICACIOUS FOR SUCH USE. NOTHING CONTAINED IN THIS SECTION 5.11(d) ALTERS UCB’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 16.2 OF THE AGREEMENT.

Disclaimer. CUSTOMER UNDERSTANDS AND AGREES THAT (i) FNB’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS SET FORTH HEREIN; AND (ii) ALL CUSTOMER COMPLAINTS AND CLAIMS CONCERNING THE MONTYCLOUD PLATFORM IS SERVICES PROVIDED ON AN “AS IS” HEREUNDER ARE TO BE MADE SOLELY AND “AS AVAILABLE” BASIS EXCLUSIVELY AGAINST PROCESSOR. IN THE EVENT THAT FNB FAILS TO PERFORM SERVICES PROPERLY, CUSTOMER’S SOLE AND MAY CONTAIN DEFECTSEXCLUSIVE REMEDY AND FNB’S SOLE OBLIGATION SHALL BE FOR FNB TO REPERFORM THE SERVICES AT ITS OWN EXPENSE, AT PROCESSOR’S DIRECTION. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF FNB DISCLAIMS ANY KINDAND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR INTERRUPTION. FNB SHALL HAVE NO LIABILITY, NON-INFRINGEMENTWHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR QUIET ENJOYMENTOTHERWISE, AND ANY WARRANTIES TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR FNB’S SERVICES. IN NO EVENT WILL FNB BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER FNB WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY COURSE LIMITED REMEDY HEREIN FAILS OF DEALING OR USAGE OF TRADEITS ESSENTIAL PURPOSE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, ACKNOWLEDGES AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY AGREES THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE FOREGOING LIMITATIONS OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR LIABILITY ARE REASONABLE GIVEN THE FACT THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED NO COMPENSATION IS BEING PAID TO FNB BY CUSTOMER HEREUNDER. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES IN LAW OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDEQUITY.

Disclaimer. THE MONTYCLOUD PLATFORM IS EXCEPT AS EXPRESSLY PROVIDED ON AN IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED ”, WITHOUT WARRANTIES WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING . NOTWITHSTANDING ANY IMPLIED OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTAS WELL AS ALL IMPLIED WARRANTIES, OR QUIET ENJOYMENT, AND INCLUDING ANY IMPLIED WARRANTIES ARISING OUT OF ANY FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS , (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO UNIVERSITY DURING THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASESIMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND DISCLAIMS(3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, ALL WARRANTIES OF ANY KINDINCIDENTAL, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREINDIRECT, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE CONSEQUENTIAL DAMAGES, INCLUDING LOST OR DAMAGEDANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer. EXCEPT TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” EXTENT OTHERWISE SET FORTH IN THIS AGREEMENT, EACH PARTY ASSUMES TOTAL RESPONSIBILITY AND “AS AVAILABLE” BASIS RISK FOR ITS RESPECTIVE USE OF THE ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP AND MAY CONTAIN DEFECTSDEMAND MEDIA LICENSED IP. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE “ERROR FREE FREE” OR ANY WARRANTY OR GUARANTEE THAT THE ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE FREE OF HARMFUL COMPONENTSANY VIRUSES, OPERATE WITHOUT INTERRUPTIONTROJAN HORSES, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM WORMS, TIME BOMBS, CORRUPTED FILES OR OTHER SERVICESCOMPUTER PROGRAMMING THAT IS INTENDED TO DAMAGE, BE SECUREDETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR THAT EXPROPRIATE ANY MATERIALS SYSTEMS, DATA, PERSONAL INFORMATION OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDPROPERTY OF ANOTHER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE MONTYCLOUD PLATFORM IS SUPPLY AGREEMENT OR THE APA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY EXPRESSLY DISCLAIMS AND HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE TECHNOLOGY, IMPROVEMENTS, THE ▇▇▇▇ (AS DEFINED IN SECTION 13.10 BELOW) AND THE LICENSED PRODUCTS. EXCEPT AS TO ANY LIABILITY OR DAMAGES ARISING FROM THE INDEMNITY OBLIGATIONS SET FORTH IN ARTICLE 10 OR BREACH OF THE CONFIDENTIALITY OBLIGATIONS AS SET FORTH IN ARTICLE 7, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROPERTY OR CAPITAL, OR OTHER DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE OPERATION OR USE OF THE TECHNOLOGY, IMPROVEMENTS, ▇▇▇▇ AND THE LICENSED PRODUCTS, INCLUDING WITHOUT LIMITATION, THE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED PRODUCTS, DAMAGES ARISING FROM LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, THE USE OR INABILITY TO USE ANY TECHNOLOGY OR LICENSED PRODUCTS, REGARDLESS OF HOW SUCH LOSS OR DAMAGE MAY HAVE OCCURRED AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE TECHNOLOGY AND THE ▇▇▇▇ ARE BEING DELIVERED TO LICENSEE AND LICENSEE IMPROVEMENTS ARE BEING PROVIDED TO HONEYWELL ON AN “AS IS” AND “WHERE IS” BASIS, SUBJECT TO ACTUAL AVAILABILITY, IN THE DATA FORMAT EXISTING AS AVAILABLE” BASIS OF THE EFFECTIVE DATE WHICH MAY INCLUDE, WITHOUT LIMITATION, PAPER AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDELECTRONIC FORMATS.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “EXCEPT AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY KINDREPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REPRESENTATION OR WARRANTY OF (A) MERCHANTABILITY, SATISFACTORY QUALITY, (B) FITNESS FOR A PARTICULAR USE OR PURPOSE, (C) NON-INFRINGEMENTINFRINGEMENT BY THIRD PARTIES, (D) INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS, (E) VALIDITY OR ENFORCEABILITY OF THE ASKBIO PATENT RIGHTS; (F) COMMERCIAL UTILITY, (G) THAT ANY PATENT APPLICATION INCLUDED IN THE ASKBIO PATENT RIGHTS WILL ULTIMATELY ISSUE, (H) SAFETY, RELIABILITY, OR QUIET ENJOYMENTEFFICACY OF ANY LICENSED PRODUCT(S), OR (I) THAT ANY LICENSED PRODUCT(S) DEVELOPED FROM THE ASKBIO PATENT RIGHTS WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADEEACH PARTY HEREBY EXPRESSLY DISCLAIMS THE FOREGOING SET FORTH IN SUBSECTIONS (A)-(I). CUSTOMER SHOULD TAKE APPROPRIATE STEPS ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDOMITTED PORTIONS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.2 (SERVICE, SOFTWARE, API/XML, REVEL POS PLATFORM WARRANTY) AND SECTION 8.3 (PROFESSIONAL SERVICES WARRANTY) AND TO THE MONTYCLOUD PLATFORM IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REVEL POS PLATFORM, SERVICE, SOFTWARE, API/XML, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS REVEL, ITS AFFILIATES AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL LICENSORS MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT OTHERWISE, AND DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY IMPLIED OR EXPRESS WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. REVEL DOES NOT REPRESENT OR WARRANT THAT THE MONTYCLOUD PLATFORM REVEL POS PLATFORM, SERVICE, SOFTWARE OR API/XML WILL BE UNINTERRUPTEDERROR FREE, ERROR FREE UNINTERRUPTED OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, COMPONENTS OR THAT ANY MATERIALS CUSTOMER DATA OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY MATERIALS, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. REVEL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY THIRD-PARTY HOSTING PROVIDERS. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT. ▇▇▇▇▇ MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ON BEHALF OF ANY THIRD PARTY PROVIDER.

Disclaimer. TO THE MONTYCLOUD PLATFORM IS FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS AND MAY CONTAIN DEFECTS. EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDEXPRESSLY SET FORTH IN THIS AGREEMENT, EITHER AIRCALL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED IMPLIED, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, PURPOSE AND ANY WARRANTIES ARISING OUT OF ANY FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF TRADELAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION OF THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIRCALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, ALSO ACKKNOWLEDGES AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY AGREES THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDAIRCALL CANNOT GUARANTEE THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDVIRUS-FREE.

Disclaimer. TO THE MONTYCLOUD PLATFORM IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE SERVICES ARE PROVIDED ON AN “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KINDKIND TO THE OTHER PARTY, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED INCLUDING WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF WITH RESPECT TO TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTAND (4) JASPER’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR QUIET ENJOYMENTGUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING THE SERVICES AGAIN. IN ADDITION, AND ANY WARRANTIES ARISING OUT ▇▇▇▇▇▇ DOES NOT GUARANTEE THERE WILL BE NO LOSS OR CORRUPTION OF ANY COURSE OF DEALING OR USAGE OF TRADECUSTOMER PROPERTY STORED BY ▇▇▇▇▇▇. CUSTOMER SHOULD TAKE APPROPRIATE STEPS AGREES TO SAFEGUARD IMPORTANT DATA USED MAINTAIN A COMPLETE AND ACCURATE COPY OF ALL CUSTOMER PROPERTY IN CONNECTION WITH OR INPUT INTO A LOCATION INDEPENDENT OF THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

Disclaimer. NO AMOUNTS PAID HEREUNDER ARE REFUNDABLE OR OFFSETABLE EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN. EXCEPT AS EXPRESSLY SET FORTH HEREIN , THE MONTYCLOUD PLATFORM IS PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES ARE PROVIDED ON AN “AS "AS-IS” " WITHOUT ANY OTHER WARRANTIES OF ANY KIND AND “AS AVAILABLE” BASIS PALANTIR AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED IMPLIED, ORAL OR WRITTEN, RELATING TO THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES PROVIDED HEREUNDER OR OTHERWISE THAT ARE NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING LIMITATION, NON-INFRINGEMENTPALANTIR DOES NOT WARRANT THAT THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES WILL MEET CUSTOMER REQUIREMENTS OR GUARANTEE ANY RESULTS, OUTCOMES, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT CONCLUSIONS OR THAT OPERATION OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM SERVICE WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. PALANTIR IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY SERVICES (INCLUDING WITHOUT LIMITATION, ERROR FREE OR FREE OF HARMFUL COMPONENTSUPTIME GUARANTEES, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREOUTAGES, OR THAT FAILURES), CUSTOMER DATA, OR ANY MATERIALS THIRD PARTY CONTENT. PALANTIR DOES NOT CONTROL THE TRANSFER OF INFORMATION OR CUSTOMER DATA PROVIDED BY CUSTOMER OVER COMMUNICATIONS FACILITIES, THE INTERNET, OR A THIRD PARTY WILL SERVICES, AND THE SERVICE MAY BE SECURE SUBJECT TO DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PALANTIR IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR NOT OTHERWISE LOST OR DAMAGEDOTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THIS SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY LAW.”

Disclaimer. (a) EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF EXPRESSLY MADE IN SECTIONS 6.1-6.2, NEITHER PARTY MAKES ANY KINDOTHER REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED INCLUDING (WHETHER WRITTEN OR ORAL), INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY MATTER WHATSOEVER, NON-INFRINGEMENTINCLUDING BUT NOT LIMITED TO, THE [***] MLCS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, 3D Line DOES NOT WARRANT THAT THE DELIVERABLES, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING COMPONENT OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH ELEMENT THEREOF ARE OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE WILL MEET VIEWRAY’S OR ANY THIRD PARTY’S REQUIREMENTS. (b) THE REPRESENTATIONS AND WARRANTIES OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR EACH OF 3D Line AND VIEWRAY EXTEND ONLY TO THE OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY. NEITHER PARTY WILL BE SECURE LIABLE FOR ANY CLAIM OR NOT OTHERWISE LOST OR DAMAGEDDEMAND AGAINST SUCH OTHER PARTY BY A THIRD PARTY, EXCEPT TO THE EXTENT PROVIDED IN SECTIONS 7.2-7.3. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (c) VIEWRAY ACKNOWLEDGES THAT 3D LINE MAY USE COMPONENTS FROM THIRD PARTY MANUFACTURERS IN [***] MLCS FOR WHICH 3D Line HAS NEITHER DESIGN AUTHORITY OVER NOR RIGHTS TO MANUFACTURE AND THAT 3D LINE ITSELF [***]. To the extent permitted by [***], 3D Line agrees to use Commercially Reasonable Efforts to [***] to ViewRay any and all [***]. With respect to those [***], 3D Line agrees to use Commercially Reasonable Efforts to [***] in the event that ViewRay [***].

Disclaimer. TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDWARRANTY SET FORTH IN SECTION 7.1, EITHER EXPRESS UNITRENDS MAKES NO WARRANTY, CONDITION, REPRESENTATION, TERM, UNDERTAKING OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE REGARDING WITH RESPECT TO THE MONTYCLOUD PLATFORM SUBJECT MATTER OF THIS AGREEMENT AND THE SERVICES, THE UNITENDS CLOUD AND DRAAS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR RESULT STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. UNITRENDS MAKES NO WARRANTY THAT THE MONTYCLOUD PLATFORM SERVICES, UINTRENDS CLOUD OR DRAAS ARE COMPATIBLE WITH CUSTOMER’S CONTENT, DATA, HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR SYSTEMS, WILL MEET THE NEEDS OR REQUIREMENTS OF CUSTOMER OR ITS USERS, WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED FOR USE BY CUSTOMER OR ITS USERS, WILL BE TIMELY, UNINTERRUPTED, SECURE, ACCURATE, RELIABLE OR ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREFREE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY ALL ERRORS WILL BE SECURE CORRECTED. THE SERVICES, UINTRENDS CLOUD AND DRAAS ARE NOT DESIGNED, INTENDED OR NOT OTHERWISE LOST LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR DAMAGEDOPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. UNITRENDS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITREND’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING THE SERVICES AGAIN.

Disclaimer. TO THE MONTYCLOUD PLATFORM IS MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OF ANY KINDKIND AND IGNYTE HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, RELATING TO THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENTANY WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY WARRANTIES ARISING OUT ADDITIONAL SERVICES. IGNYTE DOES NOT VERIFY, ERROR-CHECK OR WARRANT THE ACCURACY OR FITNESS OF ANY COURSE OF DEALING INFORMATION UPLOADED OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT ENTERED INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESIGNYTE IS NOT RESPONSIBLE FOR ANY DEFECT CAUSED BY OR THAT OTHERWISE RESULTS FROM MODIFICATIONS, RELEASESMISUSE OR DAMAGE TO THE PLATFORM MADE, PERMITTED OR OTHERWISE CAUSED BY CLIENT IN WHOLE OR IN PART. WHILE IGNYTE AND ITS CONTENT PROVIDERS USE COMMERCIALLY REASONABLE EFFORTS TO UPDATE THE PLATFORM WITH CONTINUALLY CHANGING LAWS, CODES, STANDARDS, REQUIREMENTS AND REGULATIONS (COLLECTIVELY, “LAWS”), INFORMATION AND FORMS, CLIENT MUST ALWAYS EXAMINE THE MOST CURRENT LAWS, INFORMATION, AND DISCLAIMS, FORMS AND MAKE DETERMINATIONS AS TO THEIR APPLICABILITY TO CLIENT’S SITUATION TO ENSURE THAT CLIENT IS IN FULL COMPLIANCE WITH ANY AND ALL WARRANTIES APPLICABLE LAWS. IGNYTE DOES NOT WARRANT THAT USE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK RESULT IN CLIENT’S COMPLIANCE WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICESAPPLICABLE LAWS, BE SECURE, OR AND CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT CLIENT IS SOLELY RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDAPPLICABLE LAWS.

Disclaimer. THE MONTYCLOUD PLATFORM IS CLIENT ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, EMA MATERIALS ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTSBASIS. EMA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENTAND NON‐INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS FURTHER, EMA DOES NOT WARRANT OR GUARANTEE: (I) THE USE OF EMA MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SERVICES), OR RESULTS THEREOF OR THEREFROM, (II) THAT EMA MATERIALS WILL MEET CLIENT’S EXPECTATIONS, OR (III) THAT RESULTANT DATA WILL COMPLETE OR ACCURATE. EMA DISCLAIMS ALL LIABILITY ARISING FROM ALL THIRD PARTY APPLICATIONS OR DATA INCLUDING, ANY RESULTS OR REPORTS GENERATED FROM SUCH THIRD PARTY DATA OR CLIENT DATA OR MATERIALS. IN FURTHERANCE OF THE FOREGOING, CLIENT ACKNOWLEDGES AND AGREES THAT EMA HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED OR COLLATERAL, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO SAFEGUARD IMPORTANT DATA USED ANY MATTER ENUMERATED IN SUBPARTS (I)‐(III) OF THIS SECTION 6.1, OR OTHERWISE ARISING FROM OR IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORMTHESE TERMS. CUSTOMER HEREBY WAIVESFor the avoidance of doubt, RELEASESand in furtherance of this Section 6.1.2, AND DISCLAIMSEMA makes no guaranty as to the results of the Services, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDor Client’s ability to fully utilize the Services.

Disclaimer. THE MONTYCLOUD PLATFORM BANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND CUSTOMER'S RIGHTS AND REMEDIES, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. ANY SOFTWARE PROVIDED BY BANK AND ITS LICENSORS IS PROVIDED ON AN “"AS IS” ". CUSTOMER HEREBY WAIVES AND “AS AVAILABLE” BASIS RELEASES BANK AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS, AND EMPLOYEES FROM, ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY KINDNATURE, EITHER OBLIGATIONS, AND LIABILITIES, WHETHER EXPRESS OR IMPLIED IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: 1. ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEUSE, NON-INFRINGEMENTPURPOSE OR APPLICATION, OR QUIET ENJOYMENT, AND OTHER IMPLIED CONTRACTUAL WARRANTY; 2. ANY WARRANTIES IMPLIED WARRANTY ARISING OUT OF ANY FROM COURSE OF DEALING PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; 3. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND 4. ANY KINDOTHER WARRANTY WITH RESPECT TO QUALITY, WHETHER EXPRESSACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMPLIED, STATUTORY NEITHER BANK NOR OUR LICENSORS WARRANT THAT OPERATION OF THE SOFTWARE OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM AUTHORIZED EQUIPMENT WILL BE UNINTERRUPTED, ERROR ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDUNINTERRUPTED.

Disclaimer. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE MONTYCLOUD PLATFORM IS INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED ON AN BY BIOVERIS “AS IS WHERE IS” AND “AS AVAILABLE” BASIS BIOVERIS MAKES NO, AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, INCLUDING WITHOUT WARRANTIES OF LIMITATION, ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITYTITLE, SATISFACTORY QUALITYDESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR ANY ECL PRODUCT; (b) THE COMMERCIAL SUCCESS OF ANY ECL PRODUCT; (c) THE EXISTENCE, NON-INFRINGEMENTVALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY ECL PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (f) THE ACCURACY, UTILITY OR QUIET ENJOYMENT, SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO NEWCO HEREUNDER. THE PARTIES SPECIFICALLY AGREE THAT NEITHER PARTY SHALL BE SUBJECT TO AND THAT EACH DISCLAIMS: (A) ANY WARRANTIES OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF WARRANTY, AND (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT OR (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE COURSE OF DEALING CONDUCT WITHIN THE RELATIONSHIP OF THE PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR USAGE OTHERWISE), EVEN THOUGH A PARTY MAY HAVE BEEN ADVISED OF TRADETHE POSSIBILITY OF SUCH DAMAGES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH DAMAGES PAID TO UNRELATED THIRD PARTIES (WHETHER PURSUANT TO JUDGMENT OR INPUT INTO SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDHEREUNDER.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS EXPRESS LIMITED WARRANTY PROVIDED ON AN IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, SATISFACTORY QUALITY, ; (ii) FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PURPOSE OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE(v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY MATERIALS ACTION OR CUSTOMER INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY CUSTOMER THIRD PARTIES. AT TIMES, ACTIONS OR A INACTIONS OF SUCH THIRD PARTY PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL BE SECURE NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR NOT OTHERWISE LOST OR DAMAGEDRELATED TO SUCH EVENTS. 17. Limitation. NWEA’s liability to the Fiscal Agent (including the Subscriber and any other subscriber granted a license under the Fiscal Agent Agreement), for damages sustained by the Department, as the result of NWEA’s default, or acts, or omissions, in the performance of work under this Agreement, except for NWEA’s indemnification obligations under the Section 16 of the Fiscal Agent Agreement, whether such damages arise out of breach, negligence, misrepresentation, or otherwise, shall be two times the amounts actually paid by the Fiscal Agent under the Fiscal Agent Agreement.

Disclaimer. THE MONTYCLOUD PLATFORM IS WARRANTIES SET FORTH IN THIS SECTION 6 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6, THE IRONNET HARDWARE, THE IRONNET OFFERINGS, IAND SERVICES ARE PROVIDED ON AN “AS IS” AS-IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, THE IRONNET OFFERINGS, AND “AS AVAILABLE” BASIS IRONNET SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF HEREBY DISCLAIMS, ANY KIND, EITHER AND ALL OTHER EXPRESS AND/OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENTNONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING OUT FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF IRONNET AS SET FORTH HEREIN. IRONNET DOES NOT WARRANT THAT THE IRONNET HARDWARE AND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND MAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE OPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY COURSE OF DEALING SUCH DOWNTIME OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDERROR.

Disclaimer. UI ACKNOWLEDGES AND AGREES THAT CL&P IS LICENSING THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “LICENSED PREMISES "AS IS” , WHERE IS" AS OF THE DATE HEREOF, AND “IN ITS CONDITION AS AVAILABLE” BASIS OF THE DATE HEREOF, AND MAY CONTAIN DEFECTS. THAT PRIOR TO THE MONTYCLOUD PLATFORM EXECUTION OF THIS AGREEMENT, UI HAS CONDUCTED TO ITS SATISFACTION ALL NECESSARY AND SUFFICIENT EXAMINATION OF THE LICENSED PREMISES, AND THAT UI IS PROVIDED WITHOUT RELYING ON ITS OWN EXAMINATION OF THE LICENSED PREMISES, AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY MADE BY CL&P. CL&P EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND OR NATURE, EITHER EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITYUSAGE, OR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE) AS TO THE LICENSED PREMISES, NON-INFRINGEMENTINCLUDING WHETHER THE GRANTING OF THE LICENSE HEREUNDER VIOLATES ANY INSTRUMENT, MORTGAGE, INDENTURE, DEED OF TRUST, AGREEMENT, CONTRACT AND/OR PERMIT RELATED TO THE LICENSED PREMISES, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK COMPLIANCE WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURELAW, OR THAT AS TO THE CONDITION OF THE LICENSED PREMISES, OR ANY PART THEREOF, INCLUDING WHETHER CL&P POSSESSES SUFFICIENT RIGHTS TO PERMIT THE PRESENCE AND OPERATION OF THE GROUP OF PURCHASED UI ASSETS ON THE LICENSED PREMISES. CL&P FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING TITLE TO THE LICENSED PREMISES, THE ABSENCE OF HAZARDOUS MATERIALS ON, IN AND/OR CUSTOMER DATA PROVIDED BY CUSTOMER UNDER THE LICENSED PREMISES, OR A THIRD PARTY WILL BE SECURE LIABILITY OR NOT OTHERWISE LOST OR DAMAGEDPOTENTIAL LIABILITY ARISING UNDER ANY ENVIRONMENTAL LAW.

Disclaimer. THE MONTYCLOUD PLATFORM IS EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5, ALL SERVICES, PROPRIETARY ITEMS, AND REPORTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES INSELLIGENCE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF ANY KINDDEALING, EITHER EXPRESS COURSE OF PERFORMANCE, USAGE OF TRADE, OR IMPLIED OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSELLIGENCE DOES NOT REPRESENT OR WARRANT THAT: (A) THE PROPRIETARY ITEMS OR REPORTS WILL MEET ANY FORECASTS, EXPECTATIONS OR SPECIFICATIONS OF SUBSCRIBER; (B) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THE USE OF THE SERVICES WILL NOT RESULT IN A LOSS OF SUBSCRIBER CONTENT OR OTHER SUBSCRIBER DATA; OR (D) THE USE OF THE SERVICES WILL NOT EXPOSE THE SUBSCRIBER’S HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK. INSELLIGENCE DOES NOT MAKE ANY GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUIET ENJOYMENTQUALITY OF THE REPORTS, AND DOES NOT ASSUME RESPONSIBILITY FOR INACCURATE OR MISLEADING REPORTS. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ITS USE OF OR RELIANCE ON ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM SUCH REPORTS OR OTHER INFORMATION OR DATA ACCESSED THROUGH THE SERVICES. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ARCHIVING AND RETAINING ANY AND ALL SUBSCRIBER CONTENT OR DATA UPLOADED TO, BE SECUREDOWNLOADED FROM, OR THAT ANY MATERIALS PROCESSED IN OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDTHROUGH, THE SERVICES.

Disclaimer. THE MONTYCLOUD PLATFORM IS EXCEPT AS EXPRESSLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPED OR QUIET ENJOYMENTERROR-FREE SERVICE, ERROR CORRECTION, AVAILABIITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING OUT OF ANY FROM STATUTE, COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER SHOULD TAKE APPROPRIATE STEPS G2 CONTENT AND SITE PROFILES ARE PROVIDED “AS IS” AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. FURTHERMORE, TO SAFEGUARD IMPORTANT DATA USED THE FULLEST EXTENT PERMITTED BY LAW, G2 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (A) PERFORMANCE, QUALITY, AND RESULTS, (B) CLICK RATES AND CONVERSIONS, AND (C) THE ACCURACY OF THE INFORMATION THAT G2 PROVIDES IN CONNECTION WITH THE SITE AND/OR INPUT INTO THE MONTYCLOUD PLATFORMG2 CONTENT. CUSTOMER HEREBY WAIVESG2 SHALL NOT BE LIABLE FOR NON-PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL. With respect to the Application(s), RELEASESYou acknowledge that G2 does not control the transfer of data over telecommunications facilities, AND DISCLAIMSincluding the internet. G2 does not warrant secure operation of the Application(s) or that it will be able to prevent third-party disruptions of the Application(s). You acknowledge further that the Application(s) may be subject to limitations, ALL WARRANTIES OF ANY KINDdelays, WHETHER EXPRESSand other problems inherent in the use of the internet and electronic communications. G2 is not responsible for any delays, IMPLIEDdelivery failures, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDor other damage resulting from such problems with the use of the internet or electronic communications.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE MONTYCLOUD PLATFORM IS EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE DELIVERED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. THE TTEC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS BASIS. TTEC DOES NOT AND MAY CONTAIN DEFECTSCANNOT CONTROL THE FLOW OF DATA TO OR FROM TTEC’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE MONTYCLOUD PLATFORM IS PERFORMANCE OF INTERNET SERVICES PROVIDED WITHOUT WARRANTIES OF ANY KINDOR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTACTIONS, OR QUIET ENJOYMENTIN ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING ALL LIABILITY RESULTING FROM OR USAGE OF TRADERELATED TO SUCH EVENTS. CUSTOMER SHOULD TAKE APPROPRIATE STEPS CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDINCLUDING THE INTERNET CONNECTION.

Disclaimer. 11.1. EXCEPT AS SET FORTH IN THIS AGREEMENT AND TO THE MONTYCLOUD EXTENT PERMITTED BY APPLICABLE LAW: 11.1.1. THE JFROG PLATFORM IS PROVIDED LICENSED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ANY WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED IMPLIED, INCLUDING ANY WITHOUT LIMITATION, THAT THE USE OF THE JFROG PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE. 11.1.2. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY CUSTOMER ACTS OR OMISSIONS BASED ON THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE JFROG PLATFORM OR ANY OUTPUT THEREOF (INCLUDING WITHOUT LIMITATION ANY REPORTS, NON-INFRINGEMENTRECOMMENDATIONS, LISTS, GRAPHS, INSIGHTS AND/OR QUIET ENJOYMENT, STATISTICS). THE JFROG PLATFORM AND ANY WARRANTIES ARISING OUT OUTPUT GENERATED BY THE JFROG PLATFORM SHOULD NOT BE CONSIDERED LEGAL ADVICE AND ANY OUTPUT IS PROVIDED FOR CONVENIENCE PURPOSES ONLY. 11.1.3. OUTPUT OF ANY COURSE THE JFROG PLATFORM MAY BE BASED ON THIRD PARTY RESOURCES AND DATABASES AND THEREFORE JFROG DOES NOT GUARANTEE: (I) THAT OUTPUTS ARE INCLUSIVE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESALL COMPONENTS, RELEASESLIBRARIES, DEPENDENCIES, LICENSES AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY VULNERABILITIES; AND (II) THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE ANNOTATION OF HARMFUL SUCH COMPONENTS, OPERATE WITHOUT INTERRUPTIONLIBRARIES, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICESDEPENDENCIES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDLICENSES AND VULNERABILITIES IS COMPLETE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 16, SRI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, CONCERNING THE MONTYCLOUD PLATFORM IS TECHNOLOGY OR ANY TECHNICAL INFORMATION COMMUNICATED TO EUROBIOTECH BY SRI. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, SRI MAKES NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS (FOR A PARTICULAR PURPOSE OR OTHERWISE), QUALITY OR USEFULNESS OF THE TECHNOLOGY. ALL PHYSICAL EMBODIMENTS OF THE TECHNOLOGY PROVIDED BY SRI HEREUNDER ARE PROVIDED ON AN “"AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS" BASIS. SRI DOES NOT WARRANT THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ACCURACY OF ANY KINDINFORMATION INCLUDED WITHIN THE TECHNICAL INFORMATION NOR DOES SRI WARRANT THAT ANY SUCH INFORMATION CONSTITUTES TRADE SECRETS OR CONFIDENTIAL INFORMATION OR THAT THE PATENTS WILL BE FREE FROM CLAIMS OF INFRINGEMENT BY THIRD PARTIES OR ANY OTHER RIGHTS OF THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN TORT, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYCONTRACT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY STRICT LIABILITY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM INCURRED BY OTHER PARTY OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDPARTY.

Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” STRATEGIC ALLIANCE AGREEMENT, PRODUCT ORIGINATING PARTY DISCLAIMS (AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDPRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED IMPLIED, WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE MONTYCLOUD PLATFORM ORIGINATING PARTY PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE ORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR FREE OR FREE OF HARMFUL COMPONENTSWILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, OPERATE COMPUTERS OR NETWORKS. WITHOUT INTERRUPTIONLIMITING THE FOREGOING, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PRODUCT ORIGINATING PARTY WILL BE SECURE HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR NOT OTHERWISE LOST DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR DAMAGED.FEATURES (INCLUDING “PATCHES,” FIXES AND UPDATES) FOR THE ORIGINATING PARTY PRODUCTS PROVIDED OR MADE AVAILABLE BY PRODUCT ORIGINATING PARTY TO PRODUCT SELLING PARTY. 4.2

Disclaimer. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT EXCEPT AS SET FORTH IN SECTION 6 HEREOF, LUKKA DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO THIS AGREEMENT, THE MONTYCLOUD PLATFORM IS PROVIDED SUBSCRIPTION AGREEMENTS AND THE LUKKA OFFERINGS, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES WITH RESPECT TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LUKKA OFFERINGS OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY CUSTOMER OR ANY THIRD PARTY IN CONNECTION WITH THE USE OF THE LUKKA OFFERINGS. THE LUKKA OFFERINGS ARE PROVIDED, AND CUSTOMER AGREES THAT THE LUKKA OFFERINGS ARE PROVIDED, ON AN “AS IS,” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES . CUSTOMER ALSO EXPRESSLY ACKNOWLEDGES THAT EACH PROVISION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS THIS AGREEMENT THAT PROVIDES FOR A PARTICULAR PURPOSELIMITATION OF LIABILITY, NON-INFRINGEMENTDISCLAIMER OF WARRANTIES, OR QUIET ENJOYMENT, EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY LUKKA TO CUSTOMER AND ANY WARRANTIES ARISING OUT IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED LIMITED REMEDY IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDTHIS AGREEMENT.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “(a) EXCEPT AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT EXPRESSLY SET FORTH HEREIN, NEITHER BIND NOR AMGEN MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF VALIDITY OR ENFORCEABILITY OF ANY KINDPATENT RIGHTS, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF TITLE, QUALITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENTPERFORMANCE, AND NONINFRINGEMENT OF ANY THIRD PARTY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. (b) Amgen acknowledges that JHU has not warranted to BIND under the JHU Licensed Agreement as to the validity of any patents or that practice under such patents shall be free of infringement. AMGEN, ITS AFFILIATES AND ITS SUBLICENSEE(S) AGREE THAT THE JHU Amgen Contract No.: 2013579490 33 EXECUTION COPY PATENTS WERE PROVIDED TO BIND “AS IS”, AND THAT JHU MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE JHU PATENTS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OR THE PERFORMANCE OF LICENSED PRODUCT(S) INCLUDING THEIR SAFETY, EFFECTIVENESS, OR QUIET ENJOYMENTCOMMERCIAL VIABILITY. JHU DISCLAIMED ALL WARRANTIES WITH REGARD TO PRODUCT(S) AND SERVICE(S) LICENSED UNDER THE JHU LICENSE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. JHU ADDITIONALLY DISCLAIMED ALL OBLIGATIONS AND LIABILITIES ON THE PART OF JHU AND INVENTORS FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, AND ANY WARRANTIES CONSEQUENTIAL DAMAGES, ATTORNEYS’ AND EXPERTS’ FEES, AND COURT COSTS (EVEN IF JHU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS), ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESMANUFACTURE, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREUSE, OR SALE OF THE PRODUCT(S) AND SERVICE(S) LICENSED UNDER THE JHU LICENSE AGREEMENT, EXCEPT TO THE EXTENT THAT ANY MATERIALS SUCH OBLIGATIONS, LIABILITIES AND DAMAGES ARISE OUT OF JHU’S EXERCISE OF ITS RETAINED RIGHTS UNDER SECTION 8.8(b) OF THIS AGREEMENT. AMGEN, ITS AFFILIATES AND ITS SUBLICENSEE(S) ACKNOWLEDGE THAT JHU WILL HAVE NO RESPONSIBILITY OR CUSTOMER DATA PROVIDED LIABILITY FOR LOSS OR DAMAGE CAUSED BY CUSTOMER A PRODUCT AND/OR SERVICE MANUFACTURED, USED, OR SOLD BY AMGEN, ITS AFFILIATES AND ITS SUBLICENSEE(S) WHICH IS A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDLICENSED PRODUCT. Nothing contained in the foregoing shall in any way limit BIND’s obligations or liabilities to Amgen under this Agreement, and JHU’s disclaimer of warranty does not limit the representations or warranties made by BIND under this Agreement.

Disclaimer. THE MONTYCLOUD PLATFORM LIMITED WARRANTY SET FORTH IN SECTION 7.1 IS MADE FOR THE BENEFIT OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY PROVIDED ON AN IN SECTION 7.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING THE APPLICATION AND DOCUMENTATION) ARE PROVIDED “AS IS,” AND “AS AVAILABLE” BASIS RAINDROP MAKES NO (AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT WARRANTIES OF ANY KINDLIMITATION, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTWITH RESPECT TO THE USE, MISUSE, OR QUIET ENJOYMENTINABILITY TO USE THE APPLICATION, AND DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OTHER PRODUCTS OR USAGE OF TRADESERVICES PROVIDED TO CUSTOMER BY RAINDROP. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, RAINDROP DOES NOT WARRANT THAT ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL ERRORS CAN BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURECORRECTED, OR THAT ANY MATERIALS OPERATION OF THE APPLICATION SHALL BE UNINTERRUPTED OR CUSTOMER DATA PROVIDED BY CUSTOMER ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR A THIRD PARTY WILL BE SECURE CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT OTHERWISE LOST OR DAMAGEDAPPLY TO CUSTOMER.

Disclaimer. THE MONTYCLOUD PLATFORM THIS SOFTWARE PACKAGE IS PROVIDED ON AN “BY STMICROELECTRONICS AND CONTRIBUTORS "AS IS” " AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STMICROELECTRONICS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR QUIET ENJOYMENTCONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY WARRANTIES THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE PACKAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS EXPRESSLY PERMITTED HEREUNDER AND SUBJECT TO ANY COURSE OF DEALING APPLICABLE THIRD-PARTY TERMS AND OPEN SOURCE TERMS, NO LICENSE OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KINDOTHER RIGHTS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ARE GRANTED UNDER ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM PATENT OR OTHER SERVICES, BE SECURE, INTELLECTUAL PROPERTY RIGHTS OF STMICROELECTRONICS OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDPARTY. 04-Feb-2019 1 Initial release.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” WARRANTY SET FORTH IN SECTION 10.1 AND “AS AVAILABLE” BASIS 10.2 ABOVE SHALL BE EXCLUSIVE AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES IN LIEU OF ANY KINDALL OTHER LIABILITIES, EITHER OBLIGATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED INCLUDING IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYSUITABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, NON-INFRINGEMENT, INFRINGEMENT AS WELL AS ANY IMPLIED AND/OR QUIET ENJOYMENT, AND ANY STATUTORY WARRANTIES ARISING OUT FROM THE COURSE OF ANY PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS LICENSOR MAKES NO WARRANTY AS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION THE RESULTS TO BE DERIVED FROM THE USE OF OR INTEGRATION WITH ANY PRODUCTS OR INPUT INTO SERVICES PROVIDED UNDER THIS AGREEMENT, OR THAT THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OPERATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY PRODUCTS OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE PRODUCTS AND/OR SERVICES ARE PROVIDED TO THE CUSTOMER ON AN “AS-IS” BASIS. UNIPHORE DOES NOT REPRESENT THAT THE PRODUCT OR SERVICES MEET THE CUSTOMER’S REQUIREMENTS. CUSTOMER AGREES THAT IT IS NOT RELYING AND HAS NOT RELIED ON THE DELIVERY OF FUTURE FUNCTIONALITY IN OBTAINING A LICENSE FOR THE PRODUCT. THE CUSTOMER HAS INDEPENDENTLY EVALUATED THE PRODUCT AND/OR SERVICES AND DETERMINED THEIR SUITABILITY FOR ITS NEEDS. CUSTOMER AGREES THAT UNIPHORE SHALL NOT BE RESPONSIBLE FOR ANY MATERIALS DELAYS, FAILURE OR CUSTOMER DATA PROVIDED BY CUSTOMER PROBLEMS RESULTING FROM USE OF THE INTERNET OR A ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OF UNIPHORE’S CONTROL, INCLUDING THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDSYSTEMS.

Disclaimer. THE MONTYCLOUD PLATFORM IS LICENSED PRODUCTS ARE PROVIDED ON AN TO LICENSEE “AS IS” AND “WITH ALL FAULTS.” SMPTE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXCEPT AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDSET FORTH IN SECTION 6(a), EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ; AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING (B) ANY WARRANTY THAT WITH RESPECT TO THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDQUALITY, ERROR FREE ACCURACY, CURRENCY OR FREE COMPLETENESS OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURETHE LICENSED PRODUCTS, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY LICENSEE’S USE OF THE LICENSED PRODUCTS WILL BE SECURE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET LICENSEE’S REQUIREMENTS. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONTENTS OF THE LICENSED PRODUCTS ARE SUBJECT TO CHANGE. LIMITATION OF LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTION 6(b), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT OTHERWISE LOST LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR DAMAGEDMANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF THE LICENSED PRODUCTS, SUCH AS ANY MALFUNCTION, DEFECT OR FAILURE OF THE LICENSED PRODUCTS OR THEIR DELIVERY VIA THE INTERNET, EVEN IF SUCH PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. SMPTE UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY DEFECTS OR FAILURES IN ANY COMMUNICATIONS LINES, THE INTERNET OR INTERNET SERVICE PROVIDER, LICENSEE'S COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS THE LICENSED PRODUCTS OR TO AUTHENTICATE ANY USER AS AN AUTHORIZED USER. LICENSEE ACKNOWLEDGES AND AGREES THAT SMPTE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION OR DATA CONTAINED IN THE LICENSED PRODUCTS, AND SMPTE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM RELIANCE ON ANY SUCH INFORMATION OR DATA UNDER ANY CIRCUMSTANCES.

Disclaimer. THE MONTYCLOUD PLATFORM IS DOCUMENTATION AND/OR SERVICES MAY INCORPORATE OR RELY ON DATA AND INFORMATION PROVIDED ON AN “AS IS” TO FOURTH OR THE SUBSCRIBER BY THIRD PARTIES, INCLUDING SUPPLIERS OF NUTRITIONAL AND “AS AVAILABLE” BASIS ALLERGEN DATA AND MAY CONTAIN DEFECTSINFORMATION TO THE SUBSCRIBER. THE MONTYCLOUD PLATFORM SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FOURTH IS NOT RESPONSIBLE FOR, HAS NO CONTROL OVER, AND IS UNDER NO DUTY TO VERIFY THE ACCURACY OF ANY SUCH DATA OR INFORMATION. THE SUBSCRIBER’S USE OF ALL SUCH DATA AND INFORMATION IS AT ITS OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOURTH SHALL HAVE NO LIABILITY FOR ANY SUCH USE.EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 7, EXCEPT AS PROVIDED WITHOUT WARRANTIES IN SECTION 7 OF THIS AGREEMENT FOURTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER EXPRESS IN FACT OR IMPLIED INCLUDING BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. FOURTH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY FROM COURSE OF DEALING DEALING, USAGE, OR USAGE OF TRADETRADE PRACTICES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH FOURTH DOES NOT WARRANT THAT ANY SERVICE OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR DOCUMENTATION IS ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREVIRUS-FREE, OR THAT ANY MATERIALS OPERATION OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY USE OF THE SUBSCRIPTION SERVICE WILL BE SECURE OR UNINTERRUPTED. FOURTH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT SUBSCRIBER’S USE OF ANY SERVICE WILL SATISFY ANY STATUTORY, ORDINANCE, OR REGULATORY OBLIGATIONS, OR GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS, ORDINANCES, OR REGULATIONS, INCLUDING WITHOUT LIMITATION LABOR WAGE LAWS. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FOURTH IS NOT OTHERWISE LOST RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR DAMAGEDOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

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, COMPLETENESS, OR LATESTNESS REGARDING KEYWORDS, TITLES AND OTHER INFORMATION RELATED AND INCIDENTAL TO THE MONTYCLOUD PLATFORM IS CONTENT IN THE SERVICE. 3. EXCEPT FOR PIXTA’S WARRANTY EXPRESSLY SET FORTH IN THE PARAGRAPH 1 OF THIS ARTICLE 7, THE SERVICE, AND ANY AND ALL CONTENT, KEYWORDS, TITLES AND OTHER INFORMATION RELATED AND INCIDENTAL TO THE CONTENT, SHALL BE PROVIDED ON AN “AS IS.” AND “PIXTA SHALL NOT MAKE ANY REPRESENTATION OR WARRANTY AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. TO THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF BUT NOT LIMITED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FULFILLMENT OF THE USER’S REQUIREMENT OR QUIET ENJOYMENT, 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 WARRANTIES WAY FOR DAMAGE ARISING OUT OF OR IN RELATION TO ERROR OR TROUBLE OF TECHNICAL ENVIRONMENT RELATED TO THE SERVICE INCLUDING BUT NOT LIMITED TO COMPUTER SYSTEM TROUBLE AND FALSE DISPLAY INCIDENTAL THERETO. 5. PIXTA SHALL NOT BE LIABLE FOR ANY COURSE LOSS OR DAMAGE OF DEALING OR USAGE DATA OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS THE CONTENT SUBMITTED TO SAFEGUARD IMPORTANT PIXTA INCLUDING BUT NOT LIMITED TO THE DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESOF IMAGES, RELEASESFOOTAGE, MUSIC, AND DISCLAIMSTEXT, ALL WARRANTIES AND DATA OF INFORMATION INCIDENTAL THERETO. EACH USER SHALL PREPARE AND MAINTAIN THE BACKUP OF SUCH DATA BY HIM OR HERSELF. 6. PIXTA SHALL NOT WARRANT THAT THE SERVICE, ITS SERVER, THE CONTENT AND ANY E-MAILS TRANSMITTED FROM THE SERVICE WILL NOT TRANSMIT ANY OF COMPUTER VIRUS, SPAMS OR ANY OTHER HARMFUL COMPUTER PROGRAMS ETC . 7. PIXTA’S LIABILITY FOR THE SERVICE SHALL BE AS FOLLOWS: i. IN NO EVENT SHALL PIXTA BE LIABLE FOR ANY DAMAGE INCURRED BY THE USER ARISING OUT OF OR IN RELATION TO THE SERVICE. ii. NOTWITHSTANDING THE PRECEDING ITEM (1), IN CASES WHERE PIXTA IS LIABLE FOR DAMAGES INCURRED BY THE USER, PIXTA SHALL BE LIABLE FOR ONLY DIRECT AND NORMAL DAMAGES (EXCEPT LOST PROFITS), AND THE AGGREGATE LIABILITY OF PIXTA SHALL BE LIMITED TO THE AMOUNT DESIGNATED AS THE AMOUNT OF INDEMNIFICATION IN THE LICENSE AGREEMENT OR THAT IN THE CONTRIBUTOR AGREEMENT AS THE CASE MAY BE, WHICHEVER LESSER. iii. 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). iv. 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 KINDTROUBLE OR THREAT TEHREOF, WHETHER EXPRESSONLY TO THE EXTENT THAT PIXTA CONSIDERS NECESSARY, IMPLIED, STATUTORY PIXTA MAY ACCESS AND REVIEW THE MESSAGES WITHIN THE MESSAGING FUNCTION IN THE SERVISE IN ORDER TO PREVENT OR OTHERWISE REGARDING CURE SUCH TROUBLE AND TAKE ANY OTHER NECESSARY MEASURES. 9. THERE MAY BE CASES IN WHICH PIXTA PROVIDES THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK SERVICE WITH ANY SOFTWARE EXTERNAL SERVICES PROVIDED BY ANY OTHER COMPANY. IN SUCH CASE, THE USER AGREES TO USE SUCH EXTERNAL SERVICES ON HIS OR SYSTEM HER OWN RESPONSIBILITY AND AGREES THAT PIXTA SHALL NOT BE LIABLE TO ANY DAMAGE ARISING OUT OF OR OTHER IN RELATION TO THE USER’S USE OF SUCH EXTERNAL SERVICES. IN USING SUCH EXTERNAL SERVICES, BE SECURE, OR THAT THE USER SHALL COMPLY WITH ANY MATERIALS OR CUSTOMER DATA OF TERMS AND CONDITIONS PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDSUCH 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. TO THE MONTYCLOUD PLATFORM IS FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS AND MAY CONTAIN DEFECTS. EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDEXPRESSLY SET FORTH IN THIS AGREEMENT, EITHER AIRCALL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED IMPLIED, INCLUDING ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, PURPOSE AND ANY WARRANTIES ARISING OUT OF ANY FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF TRADELAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION OF THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIRCALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, ALSO ACKNOWLEDGES AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY AGREES THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDAIRCALL CANNOT GUARANTEE THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDVIRUS-FREE.

Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” STRATEGIC ALLIANCE AGREEMENT, PRODUCT ORIGINATING PARTY DISCLAIMS (AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDPRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED IMPLIED, WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE MONTYCLOUD PLATFORM ORIGINATING PARTY PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE ORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR FREE OR FREE OF HARMFUL COMPONENTSWILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, OPERATE COMPUTERS OR NETWORKS. WITHOUT INTERRUPTIONLIMITING THE FOREGOING, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PRODUCT ORIGINATING PARTY WILL BE SECURE HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR NOT OTHERWISE LOST DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR DAMAGEDFEATURES (INCLUDING “PATCHES,” FIXES AND UPDATES) FOR THE ORIGINATING PARTY PRODUCTS PROVIDED OR MADE AVAILABLE BY PRODUCT ORIGINATING PARTY TO PRODUCT SELLING PARTY.

Disclaimer. THE MONTYCLOUD PLATFORM IS WARRANTIES PROVIDED ON AN “AS IS” BY DATABRICKS IN SECTION 5.1 (WARRANTIES) ARE EXCLUSIVE AND “AS AVAILABLE” BASIS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING DATABRICKS AND MAY CONTAIN DEFECTSDATABRICKS’ SERVICES PROVIDED HEREUNDER. THE MONTYCLOUD PLATFORM IS PROVIDED DATABRICKS AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT WARRANTIES OF ANY KINDLIMITATION, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (a) ANY SERVICES PROVIDED UNDER ANY FREE TRIAL PERIOD ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND; (b) WITHOUT LIMITATION, NON-INFRINGEMENTDATABRICKS DOES NOT MAKE ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, OR QUIET ENJOYMENTUNINTERRUPTABILITY, OF THE PLATFORM SERVICES; (c), DATABRICKS IS NOT RESPONSIBLE FOR RESULTS OBTAINED FROM THE USE OF THE DATABRICKS SERVICES OR FOR CONCLUSIONS DRAWN FROM SUCH USE; AND ANY WARRANTIES ARISING OUT (d) EXCEPT AS OTHERWISE STATED IN SECTION 4 (USE OF THE PLATFORM SERVICES), DATABRICKS’ REASONABLE EFFORTS TO RESTORE LOST OR CORRUPTED CUSTOMER INSTRUCTIONAL INPUT DESCRIBED THEREIN SHALL BE DATABRICKS’ SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY COURSE LOSS OR CORRUPTION OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED CONTENT IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER DATABRICKS SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT AND APPLICABLE ORDER FORM, JUNGO AND ITS LICENSORS MAKE NO OTHER WARRANTY, OR GUARANTY AS TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDRELIABILITY, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYTIMELINESS, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSESUITABILITY, NONTRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PRODUCTS OR SERVICES. EXCEPT AS SPECIFIED IN THIS AGREEMENT AND APPLICABLE ORDER FORM, JUNGO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-INFRINGEMENTFREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR QUIET ENJOYMENT(E) THE PRODUCTS OR SERVICES OR THE SERVER(S) THAT MAKE THE PRODUCTS OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ▇▇▇▇▇ MAKES NO WARRANTIES WITH RESPECT TO ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT, INCLUDING FOR EXAMPLE ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING REGARDING SYSTEM AVAILABILTIY OR USAGE OF TRADEUPTIME. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESALL CONDITIONS, RELEASES, REPRESENTATIONS AND DISCLAIMS, ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDOF MERCHANTABILITY, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREFITNESS FOR A PARTICULAR PURPOSE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A NONINFRINGEMENT OF THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDRIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer. CLIENT WILL LOOK TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” SOFTWARE OWNER AND “AS AVAILABLE” BASIS NOT COLUMBUS FOR ANY PROBLEMS WITH THE SOFTWARE. COLUMBUS DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SOFTWARE OR THAT THE SOFTWARE WILL MEET ANY CLIENT REQUIREMENTS OR THAT ITS OPERATION OR USE WILL BE ERROR-FREE, AND MAY CONTAIN DEFECTSCOLUMBUS MAKES NO WARRANTIES REGARDING THE VALIDITY, ACCURACY OR ENFORCEABILITY OF (I) ANY OUTCOME PURPORTED TO BE GENERATED OR ENTERED INTO USING THE SOFTWARE OR (II) ANY DATA OR OTHER INFORMATION TO BE TRANSFERRED OR PROCESSED USING THE SOFTWARE. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF IN NO EVENT SHALL COLUMBUS BE HELD LIABLE FOR ANY KINDLOST PROFITS, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYSPECIAL, SATISFACTORY QUALITYINDIRECT, FITNESS FOR A PARTICULAR PURPOSEINCIDENTAL, NON-INFRINGEMENTPUNITIVE, RELIANCE, OR QUIET ENJOYMENTCONSEQUENTIAL DAMAGES, AND ANY WARRANTIES OR COST OF SUBSTITUTE GOODS OR SERVICE, ARISING OUT OF THIS ORDER FORM OR CLIENT’S USE OR MAINTENANCE OF THE SOFTWARE, EVEN IF COLUMBUS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COLUMBUS BE HELD LIABLE FOR ANY COURSE AMOUNT IN EXCESS OF DEALING OR USAGE OF TRADETHE AMOUNT ACTUALLY PAID BY CLIENT TO COLUMBUS UNDER THIS ORDER FORM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. CUSTOMER SHOULD TAKE APPROPRIATE STEPS COLUMBUS SHALL NOT BE HELD TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION ANY LIABILITY WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF RESPECT TO ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED CLAIM BY CUSTOMER OR A THIRD PARTY WILL ON ACCOUNT OF OR ARISING FROM THE USE OR MAINTENANCE OF THE SOFTWARE. EXCEPT TO THE EXTENT COVERED BY A SEPARATE AGREEMENT WITH CLIENT WHEREBY COLUMBUS HAS BEEN RETAINED FOR SUCH SERVICES, COLUMBUS ASSUMES NO RESPONSIBILITY FOR THE INTEROPERABILITY OF THE SOFTWARE WITH ANY OF CLIENT’S EXISTING SOFTWARE, ALL OF WHICH SHALL BE SECURE THE RESPONSIBILITY OF CLIENT OR NOT OTHERWISE LOST OR DAMAGEDANY IMPLEMENTATION PARTNER RETAINED BY CLIENT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT INCLUDING WITHOUT LIMITATION SECTION 10 (WARRANTY) OF EXHIBIT A, PEOPLEPC AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO ANY OF THE MONTYCLOUD PLATFORM IS GOODS, SERVICES OR INFORMATION PROVIDED ON AN “AS IS” OR MADE AVAILABLE UNDER THIS AGREEMENT, AND “AS AVAILABLE” BASIS PEOPLEPC AND MAY CONTAIN DEFECTS. ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTNON- INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. ALL SOFTWARE IS LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTY AND INTERNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEOPLEPC AND ITS SUPPLIERS DO NOT WARRANT THAT (I) THE OPERATION OF PEOPLEPC SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE; (II) PEOPLEPC SOLUTIONS WILL MEET THE ELIGIBLE EMPLOYEES' REQUIREMENTS; (III) THE PEOPLEPC SOLUTIONS WILL OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY THE END USER; (IV) THAT ALL SOFTWARE ERRORS WILL BE CORRECTED, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT (V) THE UPTIME OF ANY COURSE OF DEALING THE INTERNET OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TELEPHONIC CONNECTIONS NECESSARY TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO ACCESS THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM INTERNET WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE AVAILABLE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE MONTYCLOUD PLATFORM IS EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE DELIVERED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TOANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. THE TTEC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS BASIS. TTEC DOES NOT AND MAY CONTAIN DEFECTSCANNOTCONTROL THE FLOW OF DATA TO OR FROM TTEC’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE MONTYCLOUD PLATFORM IS PERFORMANCE OF INTERNET SERVICES PROVIDED WITHOUT WARRANTIES OF ANY KINDOR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTACTIONS, OR QUIET ENJOYMENTIN ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INTERNET (OR PORTIONSTHEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY WARRANTIES LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY COURSE WAY RELATED TO THE USE OF DEALING OR USAGE INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS OR FAILURE TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM PROVIDE SUPPORT OR OTHER SERVICES, BE SECUREAND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR THAT OTHERWISE UNDER OR IN CONNECTION WITH ANY MATERIALS OR CUSTOMER DATA PROVIDED PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDCLIENT TO TTEC PURSUANT TO THE TERMS OF THIS EUA DURING THE PREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “EXCEPT AS IS” EXPRESSLY STATED HEREIN, SELLER MAKES NO REPRESENTATIONS AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT EXTENDS NO WARRANTIES OF ANY KINDKIND WITH RESPECT TO THE PRODUCTS. SELLER DISCLAIMS AND DOES NOT OFFER ANY REPRESENTATION OR WARRANTY THAT PERFORMANCE OR USE OF THE PRODUCTS WILL NOT BE AFFECTED BY OTHER SYSTEMS, EQUIPMENT OR DEVICES OF THAT THE PRODUCTS WILL NOT INTERFERE WITH THE USE OR PERFORMANCE OF OTHER SYSTEMS, EQUIPMENT OR DEVICES. THE FOREGOING WARRANTIES, TERMS OR CONDITIONS ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER EXPRESS IN FACT OR IMPLIED BY OPERATION OF LAW, STATUTORY OF OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER EXPRESSLY ACKNOWLEDGES THAT SELLER HAS DESIGNED THE PRODUCTS SOLELY TO MEET THE SPECIFICATIONS AND THAT BUYER OR ITS CUSTOMERS SHALL BE RESPONSIBLE FOR TESTING THE PRODUCTS IN ORDER TO DETERMINE THAT THE PRODUCTS WILL NOT RECEIVE INTERFERENCE FROM OTHER SYSTEMS, NON-INFRINGEMENTEQUIPMENT OR DEVICES OR CAUSE INTERFERENCE WITH OTHER SYSTEMS, EQUIPMENT OR QUIET ENJOYMENTDEVICES. THE PRODUCTS ARE NOT WARRANTED AGAINST, AND ANY WARRANTIES ARISING OUT BUYER SHALL NOT BE LIABLE FOR, INJURIES, DAMAGES OR LOSSES OF ANY COURSE KIND SUSTAINED AS A RESULT OF DEALING USES FOR WHICH THIS PRODUCT WAS NOT DESIGNED, INTENDED OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TESTED BY BUYER OR THE FAILURE TO SAFEGUARD IMPORTANT DATA USED USE THE PRODUCTS IN CONNECTION ACCORDANCE WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASESALL INSTRUCTIONS, AND DISCLAIMSALL APPLICABLE SAFETY, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY REGULATORY AND INDUSTRY SAFETY STANDARDS OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDTHEIR EQUIVALENT.

Disclaimer. EXCEPT AS EXPRESSLY SET OUT IN SECTION 9.1: (A) THE MONTYCLOUD PLATFORM IS SERVICE AND ANY OTHER PRODUCTS AND SERVICES PROVIDED ON AN BY THOUGHTFARMER TO CUSTOMER ARE PROVIDED “AS IS” AND ”, “AS AVAILABLE” BASIS ”, WITH ALL FAULTS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; (B) THOUGHTFARMER HEREBY DISCLAIMS ALL EXPRESS, EITHER EXPRESS IMPLIED, COLLATERAL OR IMPLIED STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ; (C) THOUGHTFARMER DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR QUIET ENJOYMENT, BE ERROR FREE; AND ANY WARRANTIES ARISING OUT (D) WITHOUT LIMITING THE GENERALITY OF ANY COURSE OF DEALING THE FOREGOING, THOUGHTFARMER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR USAGE OF TRADE. WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICE (INCLUDING ALERTS AND RECOMMENDATIONS) IS ACCURATE, OR INPUT INTO CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.THOUGHTFARMER IS NOT RESPONSIBLE FOR THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESACTS OR OMISSIONS OF, RELEASESOR FOR THE FAILINGS OF, AND DISCLAIMS, ALL WARRANTIES ANY THIRD PARTY PROVIDER OF ANY KINDSERVICE, WHETHER EXPRESSNETWORK, IMPLIEDSOFTWARE OR HARDWARE, STATUTORY INCLUDING BUT NOT LIMITED TO INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY THOUGHTFARMER, TELECOMMUNICATIONS PROVIDERS, OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA HARDWARE NOT PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDTHOUGHTFARMER.

Disclaimer. TimeXtender WARRANTS ONLY THAT THE MONTYCLOUD PLATFORM MEDIA ON WHICH THE SOFTWARE IS FURNISHED SHALL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR NINETY (90) DAYS FROM THE DATE OF LICENSE ON THE SOFTWARE AGREEMENT. TimeXtender ALSO WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE PRODUCT, PROVIDED THAT THE SOFTWARE IS PROPERLY USED ON AN “AS IS” THE OPERATING SYSTEMS AND/OR NETWORK FOR WHICH IT IS DESIGNED AND “AS AVAILABLE” BASIS IN ACCORDANCE WITH THE DOCUMENTATION. IF THE SOFTWARE IS DEFECTIVE SUCH THAT IT DOES NOT PERFORM SUBSTANTIALLY IN ACCORDANCE WITH SUCH DOCUMENTATION, TimeXtender MUST BE NOTIFIED IN WRITING WITHIN THE NINETY (90) DAY WARRANTY PERIOD. IN THE EVENT OF A FAILURE OF THE SOFTWARE TO SO PERFORM THAT IS MADE KNOWN TO TimeXtender WITHIN SAID NINETY (90) DAY PERIOD, TimeXtender’s SOLE AND MAY CONTAIN DEFECTSEXCLUSIVE RESPONSIBILITY AND THE SOLE AND EXCLUSIVE REMEDY UNDER THE FOREGOING WARRANTY SHALL BE TO BRING THE SOFTWARE IN MATERIAL CONFORMANCE WITH THE DOCUMENTATION, OR, IN THE EVENT SUCH CORRECTIVE MEASURES ARE NOT POSSIBLE, TO PROVIDE A FULL REFUND OF THE SOFTWARE PRODUCT SALES REVENUE PAID BY THE AFFECTED CUSTOMER. THIS WARRANTY SHALL BECOME VOID AND OF NO EFFECT IN THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF EVENT OF, AND TimeXtender SHALL NOT BE LIABLE FOR, ANY KINDDAMAGE, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTLOSS, OR QUIET ENJOYMENTLIABILITY (INCLUDING, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS INDIRECTLY FROM ACCIDENT, MISAPPLICATION, ABUSE, MISUSE, NEGLIGENCE, FAILURE TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESPROPERLY MAINTAIN, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREDAMAGE FROM EXTERNAL SOURCES, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED REPAIR ATTEMPTS BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR PERSONS NOT OTHERWISE LOST OR DAMAGEDAUTHORIZED BY TimeXtender. THIS WARRANTY IS NOT TRANSFERABLE.

Disclaimer. EXCEPT AS SPECIFIED IN THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDLIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE, EITHER ALL EXPRESS OR IMPLIED INCLUDING CONDITIONS, REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF KNOWN TO CISCO), NON-INFRINGEMENTNONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR QUIET ENJOYMENTTRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED TO THE 90DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND ANY WARRANTIES ARISING OUT EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ANY COURSE OF DEALING OR USAGE OF TRADEITS ESSENTIAL PURPOSE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING REGISTERED PARTNER SHALL NOT MAKE ANY WARRANTY THAT COMMITMENT BEHALF. REGISTERED PARTNER AGREES TO INDEMNIFY CISCO AND HOLD CISCO HARMLESS FROM ANY WARRANTY MADE BY REGISTERED PARTNER BEYOND THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDLIMITED WARRANTY REFERENCED IN PART B.12.1.

Disclaimer. EXABLOX AND ITS SUPPLIERS PROVIDE THE MONTYCLOUD PLATFORM IS PROVIDED SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. EXABLOX AND ITS SUPPLIERS DO NOT WARRANT THAT ANY OF THE SERVICES WILL BE UNINTERRUPTED, EITHER EXPRESS ERROR-­‐FREE OR IMPLIED INCLUDING COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) THE SERVICES MAY INCLUDE ACCESS TO AND USE OF A WEB-­‐DELIVERED PORTAL MADE AVAILABLE TO CUSTOMER BY EXABLOX FOR USE DURING THE TERM OF THIS AGREEMENT; (II) THE SERVICES MAY REQUIRE ACCESS TO AND USE OF THE INTERNET; (III) EXABLOX DOES NOT HAVE ANY IMPLIED RESPONSIBILITY FOR OPERATING OR MAINTAINING CUSTOMER SERVERS AND CUSTOMER’S CONNECTION TO THE INTERNET TO ACCESS AND UTILIZE THE SERVICES; AND (IV) THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER DATA AND CUSTOMER ACCEPTS ALL ASSOCIATED RISKS. EXABLOX AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF MERCHANTABILITYLAW, SATISFACTORY QUALITYBY REASON OF CUSTOM OR USAGE IN THE TRADE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY BY COURSE OF DEALING OR USAGE OTHERWISE, INCLUDING ANY AND ALL: (A) WARRANTIES OF TRADEMERCHANTABILITY; (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EXABLOX KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDITS ESSENTIAL PURPOSE.

Disclaimer. THE MONTYCLOUD PLATFORM IS WARRANTIES SET FORTH IN THIS SECTION 6 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6, THE IRONNET HARDWARE, THE IRONNET OFFERINGS, IAND SERVICES ARE PROVIDED ON AN “AS IS” AS-IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, THE IRONNET OFFERINGS, ND IRONNET SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND “AS AVAILABLE” BASIS HEREBY DISCLAIMS, ANY AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER ALL OTHER EXPRESS AND/OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENTNONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING OUT FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF IRONNET AS SET FORTH HEREIN. IRONNET DOES NOT WARRANT THAT THE IRONNET HARDWARE AND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND MAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE OPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY COURSE OF DEALING SUCH DOWNTIME OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDERROR.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM EXPRESS LIMITED WARRANTIES PROVIDED IN SECTION 8, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCHOOLOGY SYSTEM IS PROVIDED ON AN “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, NON-INFRINGEMENTQUALITY, PRODUCTIVENESS OR CAPACITY, OR QUIET ENJOYMENTTHAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SCHOOLOGY SYSTEM WILL BE ERROR FREE. EXCEPT AS PROVIDED HEREIN, THE ENTIRE RISK AND ANY WARRANTIES LIABILITY ARISING OUT OF THE USE OF THE SCHOOLOGY SYSTEM REMAINS WITH CUSTOMER, INCLUDING, BUT NOT LIMITED TO, WHEN CUSTOMER’S PRACTICES ARE INCONSISTENT WITH THE STANDARDS FOR EDUCATIONAL AND PSYCHOLOGICAL TESTING (1999) BY THE AMERICAN EDUCATIONAL RESEARCH ASSOCIATION. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY FOR PERFORMANCE ISSUES (A) CAUSED BY FACTORS OUTSIDE OF SCHOOLOGY’S REASONABLE CONTROL; OR (B) THAT RESULTED FROM ANY COURSE ACTION OR INACTION OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A CUSTOMER’S THIRD PARTY WILL BE SECURE PARTIES; OR NOT OTHERWISE LOST OR DAMAGED(C) RESULTING FROM SCHEDULED MAINTENANCE PERIODS.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” Unless otherwise specified on the face of the applicable Order, any CATIA Dataset or translation thereof (each or collectively "Data) furnished by The Boeing Company is furnished as an accommodation to Seller. It is the Seller's responsibility to compare such Data to the comparable two dimensional computer aided design drawing to confirm the accuracy of the Data. BUYER HEREBY DISCLAIMS, AND “AS AVAILABLE” BASIS SELLER HEREBY WAIVES, ALL WARRANTIES AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES LIABILITIES OF ANY KINDBUYER AND ALL CLAIMS AND REMEDIES OF SELLER, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT IN ANY CATIA DATASET OR TRANSLATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY (A) IMPLIED INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND (B) ANY WARRANTIES IMPLIED WARRANTY ARISING OUT OF ANY FROM COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH , (C) RECOVERY BASED UPON TORT, WHETHER OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASESNOT ARISING FROM BUYER'S NEGLIGENCE, AND DISCLAIMS(D) ANY RECOVERY BASED UPON DAMAGED PROPERTY, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM BASED UPON DAMAGED PROPERTY, OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OTHERWISE BASED UPON LOSS OF USE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM PROFIT OR OTHER SERVICESINCIDENTAL OR CONSEQUENTIAL DAMAGES. EXECUTED in duplicate as of the date and year first written above by the duly authorized representatives of the parties. THE BOEING COMPANY ▇▇▇▇▇▇▇'▇ METAL, BE SECUREINC. by and through its division Boeing Commercial Airplane Group /s/ ▇▇▇▇ ▇. ▇▇▇▇ /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Manager Title: President Date: 3-12-93 Date: 3-8-93 SPECIAL BUSINESS PROVISIONS between THE BOEING COMPANY and ▇▇▇▇▇▇▇'▇ METALS, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.INC. Number DP-PLR-1131A TABLE OF CONTENTS 1.0 Definitions........................................................ 2 2.0 Purchase order note................................................ 2 3.0 Prices............................................................. 3

Disclaimer. EXCEPT AS PROVIDED IN THIS ARTICLE 8, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE DYADIC MATERIALS, THE PRODUCTION STRAINS, AND “AS AVAILABLE” BASIS COMPONENTS OF THE DYADIC MATERIALS AND MAY CONTAIN DEFECTS. PRODUCTION STRAINS, OR ANY DERIVATIVES OR MODIFICATIONS OF THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF FOREGOING, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES AND CONDITIONS OF THE VALIDITY OF THE LICENSED PATENTS OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THIS SECTION 8.3 SHALL NOT BE CONSTRUED TO LIMIT EITHER PARTY’S OBLIGATIONS UNDER ARTICLE 7. DYADIC SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DYADIC MATERIALS, OR QUIET ENJOYMENTPRODUCTION STRAINS, ANY COMPONENTS OF THE DYADIC MATERIALS AND PRODUCTION STRAINS, AND ANY WARRANTIES ARISING OUT DERIVATIVES OR MODIFICATIONS OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED THE FOREGOING (A) ARE ANYTHING OTHER THAN EXPERIMENTAL IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESNATURE, RELEASES(B) HAVE CHARACTERISTICS THAT ARE ALL KNOWN, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL (C) MAY BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK USED OTHER THAN WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDPRUDENCE AND APPROPRIATE CAUTION.

Disclaimer. Except as provided in this Section, Customer agrees that the Online Services are provided strictly on an "as is" and "as available" basis without any express or implied warranty, guarantee or other assurance of quality, conformity with specifications, reliability or functionality. Customer accepts all risk concerning suitability, use, performance or nonperformance of the Online Services. ESPED MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTSRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE ONLINE SERVICES OR ANY CONTENT INCLUDED THEREIN. ESPED DOES NOT REPRESENT OR WARRANT THAT: (I) THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES USE OF THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THE ONLINE SERVICES OR THE QUALITY OF ANY KINDPRODUCTS, EITHER SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER OR ITS AUTHORIZED USERS THROUGH THE ONLINE SERVICES WILL MEET ITS REQUIREMENTS OR EXPECTATIONS; (III) ANY DATA STORED WILL BE ACCURATE, COMPLETE OR RELIABLE; (IV) THE ONLINE SERVICES OR THE SERVER(S) THAT MAKE THE ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESPED MAKES NO REPRESENTATION, WARRANTY, EXPRESS OR IMPLIED INCLUDING ANY IMPLIED, AND DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADESO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER SHOULD TAKE APPROPRIATE STEPS MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDSTATE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE MONTYCLOUD PLATFORM IS SOFTWARE, HARDWARE AND THE SERVICES ARE PROVIDED ON AN “TO CUSTOMER IN THEIR THEN-EXISTING CONDITION, AS IS” , WHERE IS AND “AS AVAILABLE” BASIS WITH ALL FAULTS. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES WITH RESPECT TO HARDWARE SHALL BE LIMITED TO ANY WARRANTIES PROVIDED BY THE ORIGINAL MANUFACTURER OF THE HARDWARE (TO THE EXTENT SUCH WARRANTIES ARE PROVIDED TO CUSTOMER SEPARATELY, OR BY THEIR TERMS SUCH WARRANTIES MAY CONTAIN DEFECTSBE PASSED THROUGH BY PROVIDER TO CUSTOMER). EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDFOREGOING LIMITED WARRANTIES, EITHER PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED IMPLIED, INCLUDING ANY IMPLIED WARRANTIES NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, NON-INFRINGEMENTHARDWARE OR ANY SERVICES WILL BE SECURE, UNINTERRUPTED, OR QUIET ENJOYMENTERROR FREE, AND OR MEET CUSTOMER’S EXPECTATIONS, THAT ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT STORED DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE ACCURATE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURECOMPLETE, OR THAT ANY MATERIALS ERRORS OR CUSTOMER DATA PROVIDED BY CUSTOMER DEFECTS IN SOFTWARE OR A THIRD PARTY HARDWARE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDCORRECTED.

Disclaimer. NO AMOUNTS PAID HEREUNDER ARE REFUNDABLE OR OFFSETTABLE EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1, THE MONTYCLOUD PLATFORM IS PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER PALANTIR AND ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY WAIVES, RELEASES, AND DISCLAIMS, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY ORAL OR OTHERWISE REGARDING WRITTEN, RELATING TO THE MONTYCLOUD PLATFORM PRODUCTS AND ANY SERVICES PROVIDED HEREUNDER OR RESULT SUBJECT MATTER OF THIS AGREEMENT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING LIMITATION, PALANTIR DOES NOT WARRANT THAT THE MONTYCLOUD PLATFORM PRODUCTS OR SERVICES WILL MEET CUSTOMER REQUIREMENTS OR GUARANTEE ANY RESULTS, OUTCOMES, OR CONCLUSIONS OR THAT OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. PALANTIR IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY SERVICE (INCLUDING, ERROR FREE WITHOUT LIMITATION, UPTIME GUARANTEES, OUTAGES, OR FREE FAILURES). CUSTOMER ACKNOWLEDGES THAT PALANTIR DOES NOT CONTROL THE TRANSFER OF HARMFUL COMPONENTSDATA, OPERATE WITHOUT INTERRUPTIONINFORMATION, OR CONTENT OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET OR THIRD-PARTY SERVICES, AND THAT THE PRODUCTS MAY BE COMPATIBLE OR WORK WITH SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PALANTIR IS NOT RESPONSIBLE FOR ANY SOFTWARE OR SYSTEM DELAYS, DELIVERY FAILURES, OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDDAMAGE RESULTING FROM SUCH PROBLEMS. 12. Customer Representations and Warranties.

Disclaimer. THE MONTYCLOUD PLATFORM IS EXCEPT AS EXPRESSLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPED OR QUIET ENJOYMENTERROR-FREE SERVICE, ERROR CORRECTION, AVAILABIITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING OUT OF ANY FROM STATUTE, COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER SHOULD TAKE APPROPRIATE STEPS G2 CONTENT AND SITE PROFILES ARE PROVIDED “AS IS” AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. FURTHERMORE, TO SAFEGUARD IMPORTANT DATA USED THE FULLEST EXTENT PERMITTED BY LAW, G2 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (A) PERFORMANCE, QUALITY, AND RESULTS, (B) CLICK RATES AND CONVERSIONS, AND (C) THE ACCURACY OF THE INFORMATION THAT G2 PROVIDES IN CONNECTION WITH THE SITE AND/OR INPUT INTO THE MONTYCLOUD PLATFORMG2 CONTENT. CUSTOMER HEREBY WAIVESG2 SHALL NOT BE LIABLE FOR NON-PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL. With respect to the Platform(s), RELEASESYou acknowledge that G2 does not control the transfer of data over telecommunications facilities, AND DISCLAIMSincluding the internet. G2 does not warrant secure operation of the Platform(s) or that it will be able to prevent third-party disruptions of the Platform(s). You acknowledge further that the Platform(s) may be subject to limitations, ALL WARRANTIES OF ANY KINDdelays, WHETHER EXPRESSand other problems inherent in the use of the internet and electronic communications. G2 is not responsible for any delays, IMPLIEDdelivery failures, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDor other damage resulting from such problems with the use of the internet or electronic communications.

Disclaimer. EXCEPT AS STATED IN SECTION 4.1 ABOVE, SUITE ENGINE DOES NOT REPRESENT THAT THE MONTYCLOUD PLATFORM IS CUSTOMER’S USE OF THE PROFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE PROFFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE PROFESSIONALS SERVICES, DELIVERABLES AND/OR TOOLS WILL BE CORRECTED OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED IN SECTION 4.1 ABOVE ARE THE SOLE WARRANTIES AND REMEDIES FOR CUSTOMER AND EXCLUSIVE OBLIGATIONS OF SUITE ENGINE RELATED TO THE PROFESSIONAL SERVICES, DELIVERABLES AND/OR TOOLS TO BE PERFORMED FOR AND DELIVERED TO CUSTOMER PURSUANT TO THIS PSA AND ANY STATEMENT OF WORK. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON- INFRINGEMENT. EXCEPT AS PROVIDED HEREIN, THE PROFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS PROVIDED TO CUSTOMER ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS ARE FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDCOMMERCIAL USE ONLY.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” FOREGOING WARRANTIES BY EACH PARTY CONCERNING THE SERVICES, ANY DELIVERABLES AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ANY WORK PRODUCT, ARE IN LIEU OF ANY KINDALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED IMPLIED, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SET-OFF NOR FOR ANY INDIRECT, NON-INFRINGEMENTCONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR QUIET ENJOYMENTPUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO EACH PARTY’S INDEMNITY OBLIGATIONS DESCRIBED IN SECTION 8, EACH PARTY’S LIABILITY TO THE OTHER PARTY FOR ANY REASON AND UPON ANY WARRANTIES CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR ANY OTHER LEGAL THEORY, SHALL AT ALL TIMES AND IN THE AGGREGATE BE LIMITED TO AN AMOUNT OF FIFTY PERCENT (50%) OF THE FEES PAID TO PROVIDER BY CLIENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING IN WHICH THE EVENT THE LIABILITY IS PREDICATED FOR SERVICES PROVIDED BY PROVIDER HEREUNDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED OR IMPLIED HEREIN, PROVIDER SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER RELATING TO THE TOOLS, THIRD-PARTY PRODUCTS, OR ANY GOODS OR SERVICES NOT DEVELOPED OR PROVIDED BY PROVIDER. CLIENT'S EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF ANY COURSE THIS AGREEMENT SHALL BE FOR PROVIDER, UPON RECEIPT OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS WRITTEN NOTICE PURSUANT, TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO USE COMMERCIALLY REASONABLE EFFORTS TO CURE THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASESBREACH AT ITS EXPENSE, AND DISCLAIMSFAILING THAT, ALL WARRANTIES THE RETURN OF ANY KINDFEES PAID TO PROVIDER FOR THE WORK RELATED TO THE BREACH IN ACCORDANCE WITH THIS SECTION 10. In no event shall either Party be liable for consequential, WHETHER EXPRESSincidental or punitive loss, IMPLIEDdamage or expenses (including but not limited to business interruption, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDlost business, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDor lost savings) even if it has been advised of their possible existence. Any action by either Party must be brought within two (2) years after the cause of action arose. The allocations of liability in this Section 10 represent the agreed and bargained-for understanding of the parties and Provider’s compensation for the Services reflects such allocations.

Disclaimer. EXCEPT AS SPECIFIED IN THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDLIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE, EITHER ALL EXPRESS OR IMPLIED INCLUDING CONDITIONS, REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF KNOWN TO CISCO), NON-INFRINGEMENTNONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR QUIET ENJOYMENTTRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED TO THE 90-DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND ANY WARRANTIES ARISING OUT EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ANY COURSE OF DEALING OR USAGE OF TRADEITS ESSENTIAL PURPOSE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING REGISTERED PARTNER SHALL NOT MAKE ANY WARRANTY THAT COMMITMENT BEYOND THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH LIMITED WARRANTY REFERENCED IN PART B.12.1 ON CISCO’S Indirect Channel Partner Agreement – ROW Nov 2011 Confidential Information Page 11 of 21 BEHALF. REGISTERED PARTNER AGREES TO INDEMNIFY CISCO AND HOLD CISCO HARMLESS FROM ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED WARRANTY MADE BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDREGISTERED PARTNER BEYOND THE LIMITED WARRANTY REFERENCED IN PART B.12.1.

Disclaimer. YOUR USE OF THE MONTYCLOUD PLATFORM SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED BY ITASCA ON AN “"AS IS” " AND “"AS AVAILABLE” BASIS " BASIS. EXCEPT AS DESCRIBED IN SECTION 10 (WARRANTY), THE ITASCA PARTIES DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE ITASCA PARTIES RELATING TO THE SOFTWARE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SOFTWARE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE ITASCA PARTIES AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM BE IMPLIED BY THIS ▇▇▇▇, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS PROVIDED WITHOUT WARRANTIES OF ANY KINDNOT EXPRESSLY SET OUT HEREIN, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SOFTWARE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, SATISFACTORY QUALITYTITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR BY USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASESCOURSE OF DEALING, AND DISCLAIMSCOURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, ALL WARRANTIES THE ITASCA PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SOFTWARE OR ON ANY LINKED WEBSITES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY KINDCONTENT, WHETHER EXPRESSPRODUCTS, IMPLIEDSERVICES, STATUTORY SOFTWARE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ITASCA; THAT SOFTWARE ERRORS WILL BE CORRECTED OR THAT SOFTWARE CONTENT WILL BE UPDATED; OR THAT THE SOFTWARE IS PCI COMPLIANT. THE ITASCA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (3) UNAUTHORIZED ACCESS TO OR USE OF THE ITASCA SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE REGARDING MADE AVAILABLE VIA THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDSOFTWARE.

Disclaimer. THE MONTYCLOUD PLATFORM IS SERVICES ARE PROVIDED ON AN TO CUSTOMER “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENTAND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING DEALING, USAGE, OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER SHOULD TAKE APPROPRIATE STEPS SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. COMPANY SHALL NOT BE LIABLE TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH CUSTOMER FOR ANY INOPERABILITY OF THE SERVICES OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESFOR ANY LOSS OF INFORMATION OR OTHER INJURY, RELEASES, AND DISCLAIMS, ALL WARRANTIES DAMAGE OR DISRUPTION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY . ANY USE BY CUSTOMER OF THE SERVICES IS AT CUSTOMER’S OWN RISK. ANY MODIFICATION OF THE SERVICES OR OTHERWISE REGARDING COMBINATION OF THE MONTYCLOUD PLATFORM SERVICES WITH ANOTHER PRODUCT OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, EXCEPT AS SPECIFICALLY AUTHORIZED BY COMPANY IN WRITING, SHALL VOID ANY WARRANTY. COMPANY SHALL NOT BE SECURE, OR LIABLE TO CUSTOMER FOR ANY ISSUES WITH THE SOLUTION THAT ARISE FROM ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER, THIRD-PARTY SERVICES OR THIRD-PARTY PROVIDERS (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY DATA PROVIDERS). IN THE EVENT CUSTOMER ELECTS TO UTILIZE THE MPC SOLUTION, EITHER AS A BUYER OR A THIRD PARTY WILL BE SECURE SELLER, CUSTOMER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR NOT OTHERWISE LOST GUARANTEES REGARDING: (I) THE INVENTORY MADE AVAILABLE THROUGH THE MPC (INCLUDING THE QUALITY OF SUCH INVENTORY OR DAMAGEDPERFORMANCE THEREOF); (II) ANY DATA OR INFORMATION TRANSMITTED, COLLECTED, PROCESSED OR EXCHANGED AS PART OF THE SOLUTION; OR (III) THE CREDITWORTHINESS OR FINANCIAL STANDING OF ANY BUYER OR SELLER. IN THE EVENT CUSTOMER REQUIRES SPECIFIC ADDITIONAL TERMS OR CONDITIONS GOVERNING THE PURCHASE OR SALE OF INVENTORY, CUSTOMER MAY NEGOTIATE AND ENTER INTO A SEPARATE AGREEMENT DIRECTLY WITH A PARTICULAR MPC BUYER OR SELLER, AS THE CASE MAY BE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CUSTOMER ACKNOWLEDGES THAT THE MONTYCLOUD PLATFORM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT”, AND ANY THAT VIDCRUITER MAKES NO OTHER REPRESENTATIONS AND PROVIDES NO OTHER WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, VIDCRUITER DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) DEFECTS WILL BE CORRECTED. INFORMATION SENT OR RECEIVED OVER THE INTERNET IS GENERALLY UNSECURE AND VIDCRUITER CANNOT AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING SECURITY OF ANY COMMUNICATION TO OR FROM THE WEBSITE OR SERVICE OR ANY REPRESENTATION OR WARRANTY REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE INTERCEPTION BY THIRD PARTIES OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM PERSONAL OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDINFORMATION.

Disclaimer. THE MONTYCLOUD PLATFORM IS EXCEPT AS EXPRESSLY PROVIDED ON AN “AS IS” IN THIS AGREEMENT, NASUNI DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDUNDERTAKINGS, EITHER EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED BY STATUTE, CUSTOM OR USAGE, COURSE OF DEALING, OR COMMON LAW) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENTINFRINGEMENT (BUT FOR CLARITY THIS DISCLAIMER DOES NOT LIMIT NASUNI’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12.1). WITHOUT LIMITING NASUNI’S EXPRESS OBLIGATIONS IN THE NASUNI DATA PROCESSING ADDENDUM, SECTION 10.1 (LIMITED WARRANTY) OR QUIET ENJOYMENT4.1 (TECHNICAL SUPPORT), AND ANY WARRANTIES ARISING OUT NASUNI DOES NOT WARRANT THAT YOUR USE OF ANY COURSE OF DEALING THE SOFTWARE WILL BE ENTIRELY SECURE, UNINTERRUPTED OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH ERROR-FREE OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM MEET YOUR BUSINESS GOALS OR OTHER SERVICES, BE SECUREREQUIREMENTS OR EXPECTATIONS, OR THAT ANY MATERIALS ALL ERRORS WILL BE CORRECTED. NASUNI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, DATA LOSS OR CUSTOMER CORRUPTION NOT CAUSED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DATA PROVIDED LOSS OR CORRUPTION CAUSED BY CUSTOMER YOU, YOUR CLOUD STORAGE PROVIDER, INTERNET SERVICE PROVIDER OR A OTHER THIRD PARTY WILL PROVIDER, OR BY ANY THIRD PARTY EQUIPMENT OR VIRTUAL APPLIANCE, OR OTHER SYSTEMS OUTSIDE OF NASUNI’S REASONABLE CONTROL (INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY PLATFORM). YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF SUCH STATUTORY RIGHTS, IF ANY, SHALL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDLIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Disclaimer. TO THE MONTYCLOUD PLATFORM IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 10 [LIMITED WARRANTIES] ARE EXCLUSIVE AND THERE ARE NO OTHER WARRANTIES APPLICABLE TO THE SERVICES. THE NUANCE SOFTWARE AND HOSTED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, EITHER EXPRESS NUANCE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IMPLIED OTHERWISE, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY FROM COURSE OF DEALING OR USAGE COURSE OF TRADEPERFORMANCE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY NUANCE DOES NOT GUARANTEE THAT THE MONTYCLOUD PLATFORM NUANCE SOFTWARE, EQUIPMENT OR SERVICES WILL BE UNINTERRUPTED, ERROR FREE YIELD ANY PARTICULAR BUSINESS OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREFINANCIAL RESULT, OR THAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. NUANCE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE SOFTWARE OR NOT OTHERWISE LOST OR DAMAGEDANY THIRD PARTY EQUIPMENT.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” ABOVE EXPRESS LIMITED WARRANTY, WINK MAKES AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. TOSHIBA RECEIVES NO WARRANTIES WITH RESPECT TO THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDLICENSED WOS TECHNOLOGY, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING OTHERWISE, AND WINK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 7 LIMITATION OF LIABILITY. WINK'S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE MONTYCLOUD PLATFORM AMOUNTS RECEIVED FROM TOSHIBA HEREUNDER. IN NO EVENT SHALL EITHER 11 PARTY BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR RESULT INCLUDING TECHNOLOGY NOR SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR ANY WARRANTY THAT CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT OR THE MONTYCLOUD PLATFORM WILL 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 UNINTERRUPTED, ERROR FREE OR FREE ENTITLE TO RECOVER LOST PROFITS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN ADVISED OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT FAILURE OF ESSENTIAL PURPOSE OF ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDLIMITED REMEDY.

Disclaimer. TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 11 (“AS IS” LIMITED WARRANTIES”) ARE EXCLUSIVE AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDTHERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, AND NUANCE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR QUIET ENJOYMENT, INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADETITLE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY NUANCE DOES NOT GUARANTEE THAT THE MONTYCLOUD PLATFORM SOFTWARE, EQUIPMENT OR SERVICES WILL BE UNINTERRUPTED, ERROR FREE YIELD ANY PARTICULAR BUSINESS OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREFINANCIAL RESULT, OR THAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. NUANCE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY MATERIALS THIRD-PARTY SOFTWARE OR CUSTOMER DATA PROVIDED BY CUSTOMER ANY THIRD-PARTY EQUIPMENT. UNDER NO CIRCUMSTANCES SHALL NUANCE'S THIRD-PARTY SUPPLIERS OF ANY COMPONENT OF THE NUANCE SOFTWARE, HOSTED SERVICES OR A NUANCE EQUIPMENT BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY DAMAGES, DIRECT OR OTHERWISE, ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDBENEFICIARIES OF THE FOREGOING SENTENCE.

Disclaimer. 15.2.1 EXCEPT FOR THE MONTYCLOUD PLATFORM LIMITED WARRANTIES SET OUT IN SECTION 15.1.1, EACH VERIDIUM SOFTWARE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ANY WARRANTY OF ANY KINDKIND OR NATURE. EVERY OTHER REPRESENTATION, EITHER EXPRESS WARRANTY, AND CONDITION, WHETHER STATUTORY, COMMON LAW, OR IMPLIED OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTOF MERCHANTABILITY, OF SATISFACTORY QUALITY, AGAINST INFRINGEMENT OF ANY KIND OR NATURE OF ANY KIND OF INTELLECTUAL PROPERTY, ARISING FROM A COURSE OF DEALING, USAGE, OR QUIET ENJOYMENTTRADE PRACTICE, OR OF REASONABLE SKILL AND CARE, IS HEREBY DISCLAIMED BY THE LICENSOR, ITS AFFILIATES, AND THE REPRESENTATIVES OF EACH. THIS DISCLAIMER APPLIES EVEN IF ANY WARRANTIES EXPRESS WARRANTY AND LIMITED REMEDY OFFERED BY THE LICENSOR FAILS AS TO ITS ESSENTIAL PURPOSE. 15.2.2 For the avoidance of doubt, except as otherwise expressly set out in Section 15.1 (Limited warranties), the Licensor does not warrant results of use, that use of any Veridium Software Product will be uninterrupted, or that such product (or any Veridium Software) is bug or error free. NO VERIDIUM SOFTWARE PRODUCT IS DESIGNED OR IN- TENDED FOR USE IN ENVIRONMENTS IN WHICH SOFTWARE MALFUNCTIONS WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON, INCLUDING THE OPERATION OF A NUCLEAR FACILITY, AN AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEM, AN AIR TRAFFIC CONTROL SYSTEM, OR ANY OTHER COMPARABLE FAIL-SAFE DEVICE OR SYSTEM (“HAZARDOUS APPLI- CATIONS”). THE LICENSEE ASSUMES ALL RISKS, INJURIES, LOSSES, AND LIABILITIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES USE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING VERIDIUM SOFTWARE PRODUCT IN ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDHAZARDOUS APPLICATIONS.

Disclaimer. EXCEPT AS SPECIFIED IN THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE, TO THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDEXTENT PERMITTED BY LAW, EITHER ALL EXPRESS OR IMPLIED INCLUDING CONDITIONS, REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF KNOWN TO CISCO), NON-INFRINGEMENTNONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR QUIET ENJOYMENTTRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS, TO THE EXTENT PERMITTED BY LAW, LIMITED TO THE 90-DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND ANY WARRANTIES ARISING OUT EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ANY COURSE OF DEALING OR USAGE OF TRADEITS ESSENTIAL PURPOSE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING REGISTERED PARTNER SHALL NOT MAKE ANY WARRANTY THAT COMMITMENT BEYOND THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE LIMITED WARRANTY REFERENCED IN PART B.12.1 OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT AS OTHERWISE LOST OR DAMAGED.SPECIFIED IN PART

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” EXPRESS WARRANTIES IN THIS SECTION 9, CROWDSTRIKE AND “AS AVAILABLE” BASIS ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, INFRINGEMENT WITH RESPECT TO THE OFFERINGS AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADECROWDSTRIKE TOOLS. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY THERE IS NO WARRANTY THAT THE MONTYCLOUD PLATFORM OFFERINGS OR CROWDSTRIKE TOOLS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREFREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY MATERIALS OF CUSTOMER’S PARTICULAR PURPOSES OR CUSTOMER DATA PROVIDED BY CUSTOMER NEEDS. THE OFFERINGS AND CROWDSTRIKE TOOLS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR A THIRD PARTY WILL BE SECURE INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR NOT OTHERWISE LOST OPERATION. NEITHER THE OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR DAMAGEDINDIRECT LIFE- SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY, OR PROPERTY DAMAGE. Customer agrees that it is Customer’s responsibility to ensure safe use of an Offering and CrowdStrike Tool in such applications and installations.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 11.1 AND 11.2, THE MONTYCLOUD PLATFORM IS PROFESSIONAL SERVICES, THE DELIVERABLES, THE SUBSCRIPTION SERVICES AND THE SUPPORTED SOFTWARE ARE PROVIDED ON AN TO CUSTOMER “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTSCUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ALL USE OF THE DELIVERABLES AND THE SUPPORTED SOFTWARE IS AT CUSTOMERS SOLE RISK. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES MIRANTIS, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE PROFESSIONAL SERVICES, DELIVERABLES, SUBSCRIPTION SERVICES OR SUPPORTED SOFTWARE PROVIDED HEREUNDER. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIRANTIS EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED INCLUDING ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF ANY REPRESENTATION, WARRANTY, OR COVENANT BASED ON COURSE OF DEALING OR USAGE OF IN TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MIRANTIS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN CONNECTION WITH OR INPUT INTO THIS AGREEMENT. WITHOUT LIMITING THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESGENERALITY OF THE FOREGOING, RELEASESMIRANTIS, ITS SUBSIDIARIES AND AFFILIATES, AND DISCLAIMSITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SUPPORTED SOFTWARE OR THE SUBSCRIPTION SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, ALL WARRANTIES OR (B) CUSTOMER’S USE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY THE SUPPORTED SOFTWARE OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM SUBSCRIPTON SERVICES WILL BE UNINTERRUPTED, ERROR FREE TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT MIRANTIS' WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE SUPPORTED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF HARMFUL COMPONENTSNUCLEAR FACILITIES, OPERATE WITHOUT INTERRUPTIONAIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, BE COMPATIBLE AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDWEAPONS SYSTEMS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS, TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYEarnDeck, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENTITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. EarnDeck, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE MONTYCLOUD PLATFORM DELETION, FAILURE TO STORE, OR RESULT ANY LOSS OF ANY USER DATA, INCLUDING ANY WARRANTY BLOCKCHAIN DATA, NFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF EarnDeck SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. NEITHER EarnDeck, ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE MONTYCLOUD PLATFORM OPERATION OF EarnDeck SERVICES, EarnDeck BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE UNINTERRUPTED, ERROR ERROR-FREE OR FREE OF HARMFUL COMPONENTSUNINTERRUPTED. EarnDeck, OPERATE ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDINCURRING SUBSTANTIAL FEES.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES 8.1 Except as set forth above in Section 7, MITEL PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED IMPLIED, INCLUDING ANY WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTOR ANY IMPLIED WARRANTY ARISING FROM STATUTE, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS 9 LIMITATION, EXCLUSION AND APPLICATION 9.1 TO SAFEGUARD IMPORTANT DATA USED THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL MITEL BE LIABLE FOR THE FOLLOWING DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THESE SERVICE TERMS, THE SERVICES, OR INPUT INTO CUSTOMER DATA: (A) ALL INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL AND PUNITIVE DAMAGES; AND (B) ALL DAMAGES FOR LOST PROFITS, REVENUE OR EARNINGS, LOST, HACKED OR CORRUPTED DATA, UNAUTHORIZED ACCESS TO DATA OR THE MONTYCLOUD PLATFORM. IMPLEMENATION Services, DELAYS OR FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION, FAILURE TO REALIZE EXPECTED SAVINGS AND COST OF SUBSTITUTE SOFTWARE, HARDWARE OR SERVICES; (II) IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE SERVICE TERMS, THE SERVICES OR CUSTOMER HEREBY WAIVESDATA, RELEASESEXCEED THE AMOUNTS RECEIVED BY MITEL FROM YOU (OR FROM YOUR MITEL AUTHORIZED RESELLER) FOR THE SERVICSE; AND (III) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET OUT IN THESE SERVICE TERMS SHALL APPLY: (A) WHETHER AN ACTION, CLAIM OR DEMAND ARISES FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LIABILITY; (B) WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR THEIR POSSIBILITY HAS BEEN DISCLOSED TO US; AND (C) TO US, OUR AFFILIATES, AND DISCLAIMSTHIER RESPECTIVE SERVICE PROVIDERS AND SUPPLIERS, ALL WARRANTIES SUCCESSORS AND ASSIGNS AND (D) EVEN IF YOUR REMEDIES FAIL OF ANY KINDTHEIR ESSENTIAL PURPOSE. 9.2 No action arising out of this Agreement may be brought by Customer more than eighteen (18) months after the cause of action has arisen. 9.3 It is Customer’s sole responsibility to determine based on the information provided by Mitel whether the Services and Deliverables meet the Customer’s needs. Customer shall determine before ordering, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDif these Services and Deliverables meet Customer’s needs.

Disclaimer. 13.1 EACH PARTY ACKNOWLEDGES THAT THE MONTYCLOUD PLATFORM IS COMPOUNDS AND PROGRAM COMPOUND INFORMATION WHICH WILL BE PRODUCED PURSUANT TO THE RESEARCH PROGRAM ARE EXPERIMENTAL AND THEIR PROPERTIES ARE NOT COMPLETELY KNOWN. EACH PARTY SHALL BEAR FULL RESPONSIBILITY FOR SAFE HANDLING, STORAGE, TRANSFER AND USE OF ANY COMPOUNDS AND PROGRAM COMPOUND INFORMATION IN ITS POSSESSION. 13.2 EACH PARTY AGREES TO ACT IN ACCORDANCE WITH ALL IMPORT/EXPORT LAWS AND ENVIRONMENTAL AND DRUG LAWS AND REGULATIONS AND ALL OTHER LAWS AND REGULATIONS APPLICABLE TO THE USE AND POSSESSION OF THE COMPOUNDS AND PROGRAM COMPOUND INFORMATION. 13.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPOUNDS AND PROGRAM COMPOUND INFORMATION PROVIDED ON AN “HEREUNDER ARE PROVIDED "AS IS” " AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS EXPRESS, IMPLIED, -16 STATUTORY OR IMPLIED OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. 13.4 WITHOUT LIMITING THE PARTIES' RESPECTIVE INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 11, NON-INFRINGEMENTIN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR QUIET ENJOYMENTSPECIAL DAMAGES INCURRED BY THE OTHER PARTY, AND ANY WARRANTIES INCLUDING LOST PROFITS OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING OUT OF ANY COURSE OF DEALING FROM OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS RELATING TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH THIS AGREEMENT OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KINDSUBJECT MATTER HEREOF, WHETHER EXPRESSBASED IN CONTRACT, IMPLIEDTORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, STATUTORY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA LIMITED REMEDY PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDHEREIN.

Disclaimer. TO THE MONTYCLOUD PLATFORM IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE SERVICES ARE PROVIDED ON AN “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KINDKIND TO THE OTHER PARTY, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED INCLUDING WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF WITH RESPECT TO TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTAND (4) JASPER’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR QUIET ENJOYMENTGUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING THE SERVICES AGAIN. IN ADDITION, AND ANY WARRANTIES ARISING OUT ▇▇▇▇▇▇ DOES NOT GUARANTEE THERE WILL BE NO LOSS OR CORRUPTION OF ANY COURSE OF DEALING OR USAGE OF TRADECUSTOMER PROPERTY STORED BY ▇▇▇▇▇▇. CUSTOMER SHOULD TAKE APPROPRIATE STEPS AGREES TO SAFEGUARD IMPORTANT DATA USED MAINTAIN A COMPLETE AND ACCURATE COPY OF ALL CUSTOMER PROPERTY IN CONNECTION WITH OR INPUT INTO A LOCATION INDEPENDENT OF THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 5, THE MONTYCLOUD PLATFORM IS LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE AND THE DATA ARE PROVIDED ON AN “"AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED ", WITHOUT WARRANTIES WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED. WITHOUT LIMITING THE FOREGOING, LIQUID ROBOTICS EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY LIQUID ROBOTICS MAKES NO WARRANTY THAT THE MONTYCLOUD PLATFORM LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE, OR THE DATA WILL (1) MEET THE REQUIREMENTS OF CUSTOMER, OR (2) BE AVAILABLE ON AN UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ERROR-FREE BASIS. LIQUID ROBOTICS IS UNDER NO OBLIGATION TO RETAIN ANY MATERIALS DATA AND LIQUID ROBOTICS WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES RESULTING FROM THE USE OF THE DATA OR LIQUID ROBOTICS DATA SERVICES. LIQUID ROBOTICS MAKES NO WARRANTY REGARDING THE QUALITY OF THE LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE, OR THE DATA, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE, OR THE DATA. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIQUID ROBOTICS OR THROUGH THE LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE, OR THE DATA WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDIN FULL.

Disclaimer. EXCEPT AS PROVIDED IN SECTION 2.4 AND SECTION 2.6, NEHANET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY AS TO THE, TIMELINESS, , SUITABILITY, OR ACCURACY OF THE MONTYCLOUD PLATFORM SERVICE. NEHANET DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET COMPANY'S REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY COMPANY THROUGH THE SERVICE WILL MEET COMPANY'S REQUIREMENTS OR EXPECTATIONS, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO COMPANY STRICTLY ON AN “"AS IS” " BASIS. ALL CONDITIONS, REPRESENTATIONS AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDOF MERCHANTABILITY, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREFITNESS FOR A PARTICULAR PURPOSE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A NON-INFRINGEMENT OF THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDRIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY NEHANET.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6, NEITHER IONIC NOR OUR LICENSORS OR SUBCONTRACTORS MAKES ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, TO THE OTHER OR ANY THIRD PARTY REGARDING THE PLATFORM, INCLUDING THE HOSTED SERVICES OR SOFTWARE, OR USE OF THE SERVICES. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IONIC AND “AS AVAILABLE” BASIS OUR LICENSORS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING SUBCONTRACTORS EXPRESSLY EXCLUDE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, MERCHANTABILITY AND ANY WARRANTIES ARISING OUT OF ANY OTHER WARRANTY THAT MIGHT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE TRADE REGARDING THE MONTYCLOUD PLATFORM OR RESULT THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (A) YOUR USE OF THE PLATFORM, INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM HOSTING SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR (B) THE SERVICES WILL MEET YOUR OR YOUR AUTHORIZED USER'S REQUIREMENTS OR EXPECTATIONS. THE PLATFORM, INCLUDING THE HOSTED SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS THAT ANY MATERIALS OR CUSTOMER DATA ARE PROVIDED BY CUSTOMER THIRD PARTIES OTHER THAN US OR OUR SUBCONTRACTORS, AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THIS AGREEMENT IS A THIRD PARTY WILL BE SECURE OR SERVICE AGREEMENT, AND THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE THEREFORE SHALL NOT OTHERWISE LOST OR DAMAGEDAPPLY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 8.1 AND 8.2, THE MONTYCLOUD PLATFORM IS SUBSCRIPTION SERVICES, THE WEBSITE, THE DATA, THE CUSTOMER REPORTS, THE DOCUMENTATION, THE SUPPORT SERVICES, THE PROFESSIONAL SERVICES AND OTHER MATERIALS AND SERVICES PROVIDED ON AN HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE,” BASIS AND MAY CONTAIN DEFECTS. FLASHPOINT MAKES NO WARRANTY WITH RESPECT TO THE MONTYCLOUD PLATFORM IS PROVIDED SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ANY KINDTITLE, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (OR MEETING THE CUSTOMER’S REQUIREMENTS), NONACCURACY AND COMPLETENESS, ERROR-INFRINGEMENT, FREE OR QUIET ENJOYMENTUNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING OUT OF ANY FROM A COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORMEXTENT THAT FLASHPOINT MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. CUSTOMER HEREBY WAIVESASSUMES ALL RISKS AND DAMAGES, RELEASES, AND DISCLAIMS, ALL WARRANTIES ARISING OUT OF OR RELATING TO CUSTOMER’S USE OF ANY KINDDATA. WITH RESPECT TO PROFESSIONAL SERVICES AND/OR DATA PROVIDED, WHETHER EXPRESS, IMPLIED, STATUTORY IT IS HEREBY CLARIFIED THAT THEY ARE NOT MEANT TO BE A SUBSTITUTE FOR LEGAL ADVICE OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM CUSTOMER’S EXERCISE OF BUSINESS JUDGMENT. FLASHPOINT DOES NOT WARRANT THAT ANY RELEVANT MATERIAL ASSOCIATED WITH CUSTOMER’S REQUIREMENTS SHALL BE IDENTIFIED OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM PROFESSIONAL SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH RESULT IN ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDDESIRED OUTCOME.

Disclaimer. 17.6.1 THE MONTYCLOUD PLATFORM IS TOYOTA SUPPLIER NETWORK AND ALL MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY ELECTRONIC FORMS AND SOFTWARE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TOYOTA, EITHER EXPRESS OR IMPLIED WITHOUT LIMITING THE FOREGOING, SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED BUT NOT LIMITED TO: (i) WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITYNONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A ANY PARTICULAR PURPOSE; AND (ii) WARRANTIES CONCERNING THE AVAILABILITY, NON-INFRINGEMENTACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR QUIET ENJOYMENTOTHERWISE OF THE TOYOTA SUPPLIER NETWORK, ITS CONTENT, ANY ELECTRONIC FORMS OR MATERIALS. IN NO EVENT WILL TOYOTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY WARRANTIES OTHER DAMAGES ARISING IN ANY WAY OUT OF ANY COURSE THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE TOYOTA SUPPLIER NETWORK, EVEN IF TOYOTA OR ITS REGISTERED AGENT HAVE BEEN ADVISED OF DEALING OR USAGE THE POSSIBILITY OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASESSUCH DAMAGES, AND DISCLAIMSREGARDLESS OF THE FORM OF ACTION. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Tesla Motors, ALL WARRANTIES OF ANY KINDInc. 17.6.2 The Toyota Supplier Network utilizes the Internet to transport data and communications. Toyota will take all necessary and prudent security precautions to safeguard data and communications. Toyota, WHETHER EXPRESSand any third party working with Toyota to provide services to Tesla, IMPLIEDshall not be responsible for any damages caused by: (i) communications line failure, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDsystems failure, ERROR FREE OR FREE OF HARMFUL COMPONENTSand other occurrences beyond their control; (ii) from any unauthorized activity caused by any third party who gains access to Toyota Supplier Network, OPERATE WITHOUT INTERRUPTIONunless such access is the result of the failure by Toyota to maintain necessary and prudent safeguards to prevent such access; or (iii) other breach of security requirements as a result of any intentional or unintentional conduct, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICESincluding negligence, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDby Tesla or its representatives. Toyota will not be responsible for any costs Tesla incurs to connect to the Toyota Supplier Network.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS EXPRESS WARRANTIES OUTLINED IN THIS SECTION 11, THE SERVICES, SUPPORT, DOCUMENTATION, AND ANY OTHER SERVICES, DATA, AND CONTENT (INCLUSIVE OF THIRD-PARTY SERVICES AND ANY AND ALL THIRD-PARTY ITEMS, PRODUCTS, DEVICES, AND/ OR MATERIALS) ARE PROVIDED ON AN “AS IS” AS-IS BASIS. CUSTOMER’S USE OF THE SOFTWARE AND “AS AVAILABLE” BASIS PURCHASE OF THE SERVICES ARE AT THEIR OWN RISK. MEMR DOES NOT MAKE, AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, INCLUDING WITHOUT WARRANTIES OF ANY KINDLIMITATION, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NONINFRINGEMENT AND ACCURACY (OF DATA OR QUIET ENJOYMENTANY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANY WARRANTIES MADE BY MEMR ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, SUCH AS DELAYS CAUSED BY THIRD-PARTY NETWORK PROVIDERS, THAT ARE OUTSIDE MEMR’S CONTROL. MEMR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESINFORMATION, RELEASESDATA, PRODUCTS, PROCESSES, AND DISCLAIMSOTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES OF ANY KINDMEMR DOES NOT GUARANTEE CONTINUOUS, WHETHER EXPRESSERROR-FREE, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECUREVIRUS-FREE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDOPERATION AND ACCESS TO THE SOFTWARE.

Disclaimer. (a) EXCEPT FOR THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTSWARRANTIES EXPRESSLY MADE IN SECTIONS 6.1-6.2, NEITHER PARTY MAKES ANY OTHER REPRESENTATION OR [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDConfidential treatment has been requested with respect to the omitted portions. WARRANTY, EITHER EXPRESS OR IMPLIED INCLUDING (WHETHER WRITTEN OR ORAL), INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY MATTER WHATSOEVER, NON-INFRINGEMENTINCLUDING BUT NOT LIMITED TO, THE [***] MLCS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, 3D Line DOES NOT WARRANT THAT THE DELIVERABLES, OR QUIET ENJOYMENT, ANY COMPONENT OR ELEMENT THEREOF [***]. (b) THE REPRESENTATIONS AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING EACH OF 3D Line AND VIEWRAY EXTEND ONLY TO THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY. NEITHER PARTY WILL BE SECURE LIABLE FOR ANY CLAIM OR NOT OTHERWISE LOST OR DAMAGEDDEMAND AGAINST SUCH OTHER PARTY BY A THIRD PARTY, EXCEPT TO THE EXTENT PROVIDED IN SECTIONS 7.2-7.3. (c) VIEWRAY ACKNOWLEDGES THAT 3D LINE MAY USE COMPONENTS FROM THIRD PARTY MANUFACTURERS IN [***] MLCS FOR WHICH 3D Line HAS NEITHER DESIGN AUTHORITY OVER NOR RIGHTS TO MANUFACTURE AND THAT 3D LINE ITSELF [***]. To the extent permitted by [***], 3D Line agrees to use Commercially Reasonable Efforts to [***] to ViewRay any and all [***]. With respect to those [***], 3D Line agrees to use Commercially Reasonable Efforts to [***] in the event that ViewRay [***].

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE MONTYCLOUD PLATFORM EXTENT PERMITTED BY APPLICABLE LAW, CX INDEX AND DOCUMENTATION ARE DELIVERED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER CX INDEX OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CX INDEX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN CX INDEX OR DOCUMENTATION. CX INDEX MAKES NO WARRANTY THAT CX INDEX WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. CX INDEX IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS BASIS. CX INDEX DOES NOT AND MAY CONTAIN DEFECTSCANNOT CONTROL THE FLOW OF DATA TO OR FROM CX INDEX’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE MONTYCLOUD PLATFORM IS PERFORMANCE OF INTERNET PROVIDED WITHOUT WARRANTIES OF ANY KINDOR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTACTIONS, OR QUIET ENJOYMENTIN ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INTERNET THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH CX INDEX WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, CX INDEX CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, CX INDEX DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE, INCLUDING THE INTERNET CONNECTION. NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY WARRANTIES LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF FEEDBACK ANALYTICS LIMITED (DBA CX INDEX)'S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY COURSE WAY RELATED TO THE USE OF DEALING OR USAGE INABILITY TO USE CX INDEX , THE PROVISION OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS OR FAILURE TO SAFEGUARD IMPORTANT DATA USED PROVIDE SUPPORT OR OTHER , AND RELATED CONTENT THROUGH CX INDEX OR OTHERWISE ARISING OUT OF THE USE OF CX INDEX , OR OTHERWISE UNDER OR IN CONNECTION WITH OR INPUT INTO ANY PROVISION OF THIS AGREEMENT, EVEN IN THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESEVENT OF FAULT, RELEASESTORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND DISCLAIMSEVEN IF CX INDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY AND ALL WARRANTIES CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CLIENT TO CX INDEX PURSUANT TO THE TERMS OF ANY KINDTHIS EUA DURING THE PREVIOUS 12 MONTHS, WHETHER EXPRESSWITH RESPECT TO CX INDEX . Client will defend CX Index and its affiliates from and against any and all third-party claims, IMPLIEDactions, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDsuits, ERROR FREE OR FREE OF HARMFUL COMPONENTSproceedings arising from or related to Client’s or any authorised user’s violation of this EUA (a “Claims Against Feedback Analytics Limited (DBA CX INDEX)”), OPERATE WITHOUT INTERRUPTIONand will indemnify CX Index and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against CX Index or its affiliates in connection with or as a result of, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICESand for amounts paid by CX Index or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against CX Index CX Index must provide Client with prompt written notice of any Claims Against CX Index and allow Client the right to assume the exclusive defence and control of the claim and cooperate with any reasonable requests assisting Client’s defence and settlement of such matter. CX Index will defend Client from and against any and all third-party claims, BE SECUREactions, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDsuits, proceedings arising from or related to any claims that CX Index violate a United States patent or copyright of a third party (a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that CX Index approves of in connection with a Claim Against Client. Client must provide CX Index with prompt written notice of any Claims Against Client and allow CX Index the right to assume the exclusive defence and control of the claim and cooperate with any reasonable requests assisting CX Index’s defence and settlement of such matter. This EUA shall be governed by the laws of the Republic Of Ireland, excluding conflict of law provisions. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EUA shall continue in full force and effect. This EUA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action, unless both CX Index and Client specifically agrees to do so in writing following the initiation of the arbitration. If Client is an agency or other part of a government entity, different terms or modifications to this EUA may apply.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “EXCEPT AS IS” SET FORTH IN SECTION 3.1(A) AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF THIS SECTION 10, NEITHER GT SOFTWARE NOR ITS LICENSORS MAKES ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WARRANTY, REPRESENTATION, CONDITION, OR AGREEMENT WITH RESPECT TO THE LICENSED PRODUCTS OR THE SERVICES. GT SOFTWARE AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY IMPLIED AND ALL WARRANTIES OF QUALITY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTWHETHER STATUTORY OR ARISING FROM USAGE, CONDUCT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY GT SOFTWARE DOES NOT REPRESENT THAT THE MONTYCLOUD PLATFORM OPERATION OF THE LICENSED PRODUCTS AND DOCUMENTATION THEREOF WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE, ERROR FREE OR FREE OF HARMFUL COMPONENTSTHAT ALL ERRORS WILL BE CORRECTED, THAT THE LICENSED PRODUCTS WILL OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY LICENSEE’S OTHER SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURECOMPUTING SYSTEMS, OR THAT THE USE OF THE LICENSED PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS. FURTHER, LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSED PRODUCT IS NOT FAULT TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE OR LICENSING AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS OR “LIFE AND DEATH” ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, I.E. “CRITICAL CONTROL APPLICATIONS”. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR, AND SHALL INDEMNIFY AND HOLD GT SOFTWARE HARMLESS FOR ANY MATERIALS USE OR CUSTOMER DATA PROVIDED BY CUSTOMER INCORPORATION OF THE LICENSED PRODUCT WITH, OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDINTO, LICENSEE’S PRODUCTS PERFORMING ANY CRITICAL CONTROL APPLICATIONS.

Disclaimer. TO THE MONTYCLOUD PLATFORM IS MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH IN THIS AGREEMENT, ▇▇▇▇ DOES NOT WARRANT THAT THE SERVICES OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PROFESSIONAL SERVICES. EXCEPT AS PROVIDED ON AN “IN THIS AGREEMENT, THE SERVICES, PROFESSIONAL SERVICES, DOCUMENTATION AND ANY AND ALL CONTENT, SERVICES AND PRODUCTS INCLUDED IN THE FOREGOING OR OTHERWISE PROVIDED BY Maxa TO CUSTOMER ARE PROVIDED "AS IS” AND ", “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS“WHERE IS”. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE MONTYCLOUD PLATFORM IS SERVICES AND THE PROFESSIONAL SERVICES ARE PROVIDED WITHOUT WARRANTIES ANY REPRESENTATION AND/OR WARRANTY OF ANY KINDKIND AND Maxa MAKES NO OTHER REPRESENTATIONS, EITHER CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED INCLUDING IMPLIED, STATUTORY, LEGAL OR OTHERWISE REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT, OUTPUTS OR DATA WHICH ARE DERIVED FROM OR RESULTS FROM THE USE OF THE SERVICES OR THE PROFESSIONAL SERVICES, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVESWAIVES ANY LEGAL WARRANTY EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT. ▇▇▇▇ DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES OR ANY DELIVERABLES WILL BE ERROR-FREE OR UNINTERRUPTED. 14.4 Disclaimer - Third Party Content. THE SUPPORTED THIRD-PARTY CONTENT PROVIDED THROUGH THE SERVICES OR PROFESSIONAL SERVICES IS PROVIDED "AS IS" “ AS AVAILABLE” AND “WHERE IS”. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASESCUSTOMER SHALL NOT MAKE USE OF THE SERVICES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY INTEGRATE OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM ASSOCIATE ANY CONTENT, DATA, SOFTWARE AND/OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE SYSTEMS OWNED OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED CONTROLLED BY CUSTOMER OR A THIRD PARTY, EXCEPT IF SAME IS SPECIFICALLY AUTHORIZED BY THE THIRD PARTY WILL BE SECURE HOLDING THE RIGHTS TO SUCH CONTENT, DATA, SOFTWARE AND/OR NOT OTHERWISE LOST OR DAMAGEDSYSTEMS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS, TO THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYGALA, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENTITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. GALA, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE MONTYCLOUD PLATFORM DELETION, FAILURE TO STORE, OR RESULT ANY LOSS OF ANY USER DATA, INCLUDING ANY WARRANTY BLOCKCHAIN DATA, NFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF GALA SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. NEITHER GALA, ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE MONTYCLOUD PLATFORM OPERATION OF GALA SERVICES, GALA BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE UNINTERRUPTED, ERROR ERROR-FREE OR FREE OF HARMFUL COMPONENTSUNINTERRUPTED. GALA, OPERATE ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDINCURRING SUBSTANTIAL FEES.

Disclaimer. THE MONTYCLOUD PLATFORM IS WARRANTIES SET FORTH IN SECTION 5.1 ABOVE ARE FOR THE BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED ON AN IN THIS AGREEMENT, THE USER GUIDE AND THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” BASIS MOBILE22 MAKES NO, AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED HEREBY DISCLAIMS ALL, OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT WARRANTIES OF ANY KINDLIMITATION, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE, NON- INFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PURPOSE OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADETHE RESULTS SUBSCRIBER MAY OBTAIN BY USING THE SERVICES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, MOBILE22 DOES NOT WARRANT THAT ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL ERRORS CAN BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURECORRECTED, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY OPERATION OF THE SERVICES WILL BE SECURE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. MOBILE22 DOES NOT OTHERWISE LOST WARRANT THAT THE SERVICES WILL BE COMPATIBLE WITH SUBSCRIBER`S COMPUTER SYSTEMS OR DAMAGEDANY INTERNET TECHNOLOGY. MOBILE22 DISCLAIMS ALL PROBLEMS RELATING TO THE INTERNET AND IS NOT RESPONSIBLE FOR ANY SUBSCRIBER DATA DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY MOBILE22. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTSEXPRESS WARRANTIES SET FORTH IN THIS SECTION 10 ARE THE EXCLUSIVE WARRANTIES WE MAKE WITH RESPECT TO THE SURVEYGIZMO SERVICES OR OTHERWISE UNDER THIS AGREEMENT. WE EXPRESSLY DISCLAIM (TO THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SURVEYGIZMO SERVICES, INCLUDING BUT NOT LIMITED TO ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR QUIET ENJOYMENT, INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY FROM COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS WE DO NOT WARRANT THAT (A) THE SURVEYGIZMO SERVICES WILL MEET YOUR BUSINESS REQUIREMENTS, (B) THE OPERATION OF THE SURVEYGIZMO SERVICES WILL BE COMPLETELY SECURE, ERROR-FREE OR UNINTERRUPTED, OR (C) ALL ERRORS WILL BE CORRECTED. WE SHALL HAVE NO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS IN ACCESS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO USE OF THE MONTYCLOUD PLATFORMSURVEYGIZMO SERVICES RESULTING FROM USE OF THE INTERNET AND/OR TELECOMMUNICATIONS CONNECTIONS OR EQUIPMENT. CUSTOMER HEREBY WAIVES, RELEASES, YOU ACKNOWLEDGE AND DISCLAIMS, ALL WARRANTIES AGREE THAT OUR SUPPLIERS MAKE NO DIRECT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDKIND TO YOU UNDER THIS AGREEMENT.

Disclaimer. TO THE MONTYCLOUD PLATFORM IS MAXIMUM EXTENT PERMITTED BY LAW AND WITHOUT LIMITING MIMECAST’S EXPRESS OBLIGATIONS UNDER THIS AGREEMENT, MIMECAST HEREBY DISCLAIMS (TO THE EXTENT EXISTING IN LAW) ALL GUARANTEES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, IMPLIED, STATUTORY OR OTHERWISE CONCERNING ANY SERVICES, SOFTWARE, DOCUMENTATION OR MATERIALS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDBY MIMECAST, EITHER EXPRESS OR IMPLIED INCLUDING ANY BUT NOT LIMITED TO, THOSE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANTABILITY OF TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, . THE SERVICES DO NOT QUALIFY AS LEGAL OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADEEXPERT ADVICE. CUSTOMER SHOULD TAKE CONSIDER WHETHER THE SERVICES ARE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASESFOR CUSTOMER’S NEEDS, AND DISCLAIMSWHERE APPROPRIATE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY SEEK LEGAL OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY EXPERT ADVICE. MIMECAST DOES NOT REPRESENT THAT THE MONTYCLOUD PLATFORM SERVICES WILL ACHIEVE INTENDED RESULTS, BE UNINTERRUPTED, UNINTERRUPTED OR ERROR FREE OR FREE MEET CUSTOMER’S REQUIREMENTS. CUSTOMER ACKNOWLEDGES AND AGREES THAT REPORTS, GRAPHS, ANALYSES OR SIMILAR INFORMATION WHICH MAY BE PROVIDED AS PART OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER THE SERVICES, BE SECURE, ARE BASED ON INFORMATION KNOWN TO MIMECAST AT THE TIME AND PROVIDED FOR CUSTOMER’S INTERNAL BUSINESS PURPOSES ONLY. MIMECAST WILL USE REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION BUT MAKES NO GUARANTEE AS TO THE ACCURACY OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDCOMPLETENESS OF THE INFORMATION PROVIDED.

Disclaimer. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY ONXEO: (A) THAT THE MONTYCLOUD PLATFORM PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OR WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS, INDUSTRIAL DESIGN OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY KINDTHIRD PARTY; (B) REGARDING THE EFFECTIVENESS, EITHER VALUE, SAFETY, NON-TOXICITY OF THE PRODUCT OR ANY INFORMATION OR RESULTS PROVIDED BY ONXEO PURSUANT TO THIS AGREEMENT, OR (C) REGARDING THE ABILITY OF DARA TO COMMERCIALIZE THE PRODUCT IN THE TERRITORY OR THE ADEQUACY OR SUFFICIENCY OF THE ASSETS OR RIGHTS GRANTED HEREUNDER FOR SUCH PURPOSE. EXCEPT AS SET FORTH HEREIN, ONXEO HEREBY DISCLAIMS, AND DARA HEREBY WAIVES, RELEASES AND RENOUNCES, ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT IN THE PRODUCT PROVIDED HEREUNDER OR THE API INCLUDED THEREIN, INCLUDING, BUT NOT LIMITED TO, (I) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, ABSENCE OF HIDDEN DEFECTS (WITHOUT LIMITATION ON PROVISIONS OF THE SUPPLY AGREEMENT) OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTOR (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS EXPRESS LIMITED WARRANTY PROVIDED ON AN IN SECTION 18 (LIMITED WARRANTY), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF OF (i) MERCHANTABILITY, SATISFACTORY QUALITY, ; (ii) FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR QUIET ENJOYMENTTHAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND ANY WARRANTIES LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY COURSE ACTION OR INACTION OF DEALING SUBSCRIBER OR USAGE ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF TRADESERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH THE INTERNET (OR INPUT INTO THE MONTYCLOUD PLATFORMPORTIONS THEREOF). CUSTOMER HEREBY WAIVESALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, RELEASESNWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AND DISCLAIMS, ALL WARRANTIES OF NWEA DISCLAIMS ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY LIABILITY RESULTING FROM OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDRELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM WARRANTIES SET FORTH IN SECTION 8.1, THE SUPPLIER OFFERING IS PROVIDED ON AN “AS IS” AS-IS BASIS. CUSTOMER’S USE OF THE SUPPLIER OFFERING IS AT ITS OWN RISK. SUPPLIER DOES NOT MAKE, AND “AS AVAILABLE” BASIS HEREBY DISCLAIMS, ANY AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDALL OTHER EXPRESS, EITHER EXPRESS OR STATUTORY AND IMPLIED INCLUDING ANY IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTNONINFRINGEMENT, QUALITY, SUITABILITY, OPERABILITY, ACCURACY (OF DATA OR QUIET ENJOYMENTANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING OUT OF ANY FROM A COURSE OF DEALING DEALING, USAGE, OR USAGE TRADE PRACTICE. ANY SOFTWARE PROVIDED THROUGH THE SUPPLIER OFFERING IS LICENSED AND NOT SOLD. NO AGENT OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS SUPPLIER IS AUTHORIZED TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH ALTER OR INPUT INTO EXPAND THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING SUPPLIER AS SET FORTH HEREIN. SUPPLIER DOES NOT WARRANT THAT: (A) THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT USE OF THE MONTYCLOUD PLATFORM SUPPLIER OFFERING WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SUPPLIER OFFERING WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) THE SUPPLIER OFFERING WILL BE ERROR-FREE OR THAT ANY MATERIALS ERRORS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY DEFECTS IN THE SUPPLIER OFFERING WILL BE SECURE CORRECTED; OR (D) THE SERVER(S) THAT MAKE THE SUPPLIER OFFERING AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SUPPLIER OFFERING MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SUPPLIER IS NOT OTHERWISE LOST RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DAMAGEDOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Disclaimer. THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS.” MHC, ITS SUPPLIERS AND VENDORS, AND ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS OR PARTNERS (COLLECTIVELY, “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. MHC PARTIES”), TO THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDMAXIMUM EXTENT PERMITTED BY LAW, EITHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYNON- INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NON-INFRINGEMENTEXCEPT AS EXPRESSLY PROVIDED HEREIN, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS NO MHC PARTY WARRANTS THAT ACCESS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE, ERROR FREE OR FREE OF HARMFUL COMPONENTSTIMELY, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE 100% SECURE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HEALTH CARE PROVIDER ACKNOWLEDGES AND AGREES THAT TEMPORARY INTERRUPTIONS IN SERVICES MAY OCCUR, AND MHC PARTIES SHALL NOT HAVE LIABILITY FOR ANY MATERIALS CLAIM, COST, CHARGE, LOSS OR CUSTOMER EXPENSE ARISING FROM OR RELATING TO SUCH TEMPORARY INTERRUPTION. HEALTH CARE PROVIDER ACKNOWLEDGES AND AGREES THAT DATA MAY BE LOST OR CORRUPTED IN CONNECTION WITH USE OF THE PLATFORM. FURTHER, NO MHC PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY CUSTOMER OR A THIRD PARTY WILL PROVIDERS RELATING TO THE PLATFORM, INCLUDING THIRD PARTY TECHNOLOGY PROVIDERS OR TELEMEDICINE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTH CARE PROVIDER HEREBY WAIVES ANY CLAIM AGAINST EACH MHC PARTY RELATING TO SUCH THIRD PARTY SERVICES AND AGREES ANY SUCH CLAIM WILL, AS BETWEEN THE APPLICABLE MHC PARTY AND SUCH THIRD PARTY SERVICE PROVIDER, BE SECURE SOLELY AGAINST SUCH THIRD PARTY SERVICE PROVIDER. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, HEALTH CARE PROVIDER ACKNOWLEDGES AND AGREES (A) NO PART OF THE PLATFORM CONSTITUTES THE PROVISION OF MEDICAL ADVICE OR SERVICES IN ANY MANNER, AND (B) THE PLATFORM DOES NOT OTHERWISE LOST ENSURE HEALTH CARE PROVIDER’S COMPLIANCE WITH APPLICABLE LAWS OR DAMAGEDREGULATIONS. MHC DOES NOT ENDORSE THE TELEHEALTH PROVIDERS THAT SUBSCRIBE TO AND USE THE PLATFORM, CANNOT GUARANTEE THEIR CREDENTIALS, AND CANNOT GUARANTEE THE QUALITY OF THE TELEMEDICINE SERVICES THEY PROVIDE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, THE MONTYCLOUD PLATFORM IS SERVICES AND INTEL SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT ADDITIONAL WARRANTIES OR CONDITIONS OF ANY KIND, EITHER KIND (EXPRESS OR IMPLIED IMPLIED), INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR QUIET ENJOYMENTAND ALL OTHER CONDITIONS, TERMS, UNDERTAKINGS AND ANY WARRANTIES ARISING OUT REPRESENTATIONS OF ANY COURSE OF DEALING KIND WHATSOEVER, EXPRESS OR USAGE OF TRADEIMPLIED, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INTEL, INTEL AFFILIATES, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN CONNECTION WITH OR INPUT INTO ANY WAY INCREASE THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES SCOPE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY WARRANTY PROVIDED HEREIN. INTEL DOES NOT GUARANTEE OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY WARRANT THAT THE MONTYCLOUD PLATFORM USE OF THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. INTEL BEARS NO RESPONSIBILITY OR LIABILITY TO RESELLER, ERROR FREE OR FREE OF HARMFUL COMPONENTSRESELLER’S END USERS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICESTHIRD PARTIES FOR ANY ISSUES RESELLER, BE SECURE, RESELLER’S END USERS OR OTHER THIRD PARTIES ENCOUNTER THAT ANY MATERIALS OR CUSTOMER DATA COULD HAVE BEEN AVOIDED BY INSTALLATION OF SOFTWARE RELEASES PROVIDED BY CUSTOMER INTEL FROM TIME TO TIME THAT INCORPORATE UPGRADES OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDBUG FIXES.

Disclaimer. EXCEPT AS SPECIFIED IN THE MONTYCLOUD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. LIMITED WARRANTY STATEMENT SPECIFIED IN SECTION C.6.1 ABOVE, TO THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KINDEXTENT PERMITTED BY LAW, EITHER ALL EXPRESS OR IMPLIED INCLUDING CONDITIONS, REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF KNOWN TO CISCO), NON-INFRINGEMENTNONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR QUIET ENJOYMENTTRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS, TO THE EXTENT PERMITED BY LAW, LIMITED TO THE 90-DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN SECTION C.6.1 ABOVE. THIS DISCLAIMER AND ANY WARRANTIES ARISING OUT EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ANY COURSE OF DEALING OR USAGE OF TRADEITS ESSENTIAL PURPOSE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING PARTNER SHALL NOT MAKE ANY WARRANTY THAT COMMITMENT BEYOND THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE LIMITED WARRANTY REFERENCED IN SECTION C.6.1 OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE AS OTHERWISE SPECIFIED IN SECTION C.6.1 ABOVE ON CISCO'S BEHALF. PARTNER AGREES TO INDEMNIFY CISCO AND HOLD CISCO HARMLESS FROM ANY WARRANTY MADE BY PARTNER BEYOND THE LIMITED WARRANTY REFERENCED IN OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT AS OTHERWISE LOST OR DAMAGEDSPECIFIED IN SECTION C.6.1.

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS EXPRESS LIMITED WARRANTY PROVIDED ON AN “AS IN SECTION 21, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED " WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, NON-INFRINGEMENTQUALITY, PRODUCTIVENESS OR CAPACITY, OR QUIET ENJOYMENTTHAT THE OPERATION OF THE SOFTWARE INCLUDED WITIIIN THE SERVICES SHALL BE ERROR-FREE, EXCEPT AS PROVIDED HEREIN, THE ENTIRE RISK AND ANY WARRANTIES LIABILITY ARISING OUT OF THE USE OF THE SERVICES REMAINS WITH SUBSCRIBER, INCLUDING BUT NOit LIMITED TO, WHEN SUBSCRIBER'S PRACTICES ARE INCONSISTENT WITH THE STANDARDS FOR' EDYCA:TIONAL AND PSYCHOLOGICAL TESTING (1999) BY THE AMERICAN EDUCATIONAL RESEARCH ASSO()]IATION. T EREISNO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWE,l.'S,REASONABLE CONTROL; OR (b) IBAT RJi;SULTED FROM ANY COURSE ACTION OR INACTION OF DEALING SUBSCRIBER OR USAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH Sl!▇.▇▇€RIBER'S TIIIRD PAR'fIES; OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.(c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS,

Disclaimer. EXCEPT FOR THE MONTYCLOUD PLATFORM IS EXPRESS LIMITED WARRANTY PROVIDED ON AN IN SECTION 19 (LIMITED WARRANTY), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, SATISFACTORY QUALITY, ; (ii) FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR QUIET ENJOYMENTTHAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND ANY WARRANTIES LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY COURSE ACTION OR INACTION OF DEALING SUBSCRIBER OR USAGE ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF TRADESERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. CUSTOMER SHOULD TAKE APPROPRIATE STEPS AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH THE INTERNET (OR INPUT INTO THE MONTYCLOUD PLATFORMPORTIONS THEREOF). CUSTOMER HEREBY WAIVESALTHOUGH NWEA SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, RELEASESNWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AND DISCLAIMS, ALL WARRANTIES OF NWEA DISCLAIMS ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY LIABILITY RESULTING FROM OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT ANY MATERIALS OR CUSTOMER DATA PROVIDED BY CUSTOMER OR A THIRD PARTY WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDRELATED TO SUCH EVENTS.