Common use of Disclaimers Clause in Contracts

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING DESIGN OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT SET FORTH HEREIN IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL . THIS DISCLAIMER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES EQUIPMENT OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PERFORMING DESIGN, ENGINEERING PEMBROKE MAKE ANY REPRESENTATIONS OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, ORAL OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE REPORT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSOTHER PRODUCT, LICENSORSSERVICE, MATERIAL, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES INFORMATION OFFERED BY PEMBROKE UNDER OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE WORKREPORT AND ANY OTHER PRODUCT, INCLUDING ITEMS INCORPORATED SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE WORK (“THIRD PARTY WARRANTIES”)PRESENT OR FUTURE METHODOLOGY, ARE PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT TO BE CONSIDERED LIMITED TO, THE IMPLIED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSMERCHANTABILITY, GUARANTEESFITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR WARRANTIES AS TO THAT THE APPLICABILITY REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. 11.1 a. UPS PARTIES WARRANT THAT FOR NINETY (90) DAYS FROM THE COMPANY IS NOT DELIVERY TO YOU OF SOFTWARE THAT SUCH SOFTWARE SHALL MATERIALLY OPERATE AS DESCRIBED IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES SOFTWARE’S CORRESPONDING TECHNICAL DOCUMENTATION. UPS’S SOLE LIABILITY FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE A BREACH OF THE WORK HEREUNDERFOREGOING WARRANTY SHALL BE TO REPLACE ANY SUCH SOFTWARE. EXCEPT AS STATED IN THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE WARRANTY OF COMPANY TO MEET THE PERFORMANCE STANDARDS FOREGOING TWO SENTENCES, THE UPS MATERIALS ARE PROVIDED "AS IS WITH ALL FAULTS" AND IN THEIR PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION, GUARANTEE, CONDITION, UNDERTAKING OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYTERM, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATIONAS TO THE CONDITION, THE IMPLIED WARRANTIES QUALITY, DURABILITY, ACCURACY, COMPLETENESS, PERFORMANCE, NON-INFRINGEMENT OF MERCHANTABILITY AND THIRD PARTY RIGHTS, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE OF THE UPS MATERIALS IS GIVEN OR ASSUMED BY UPS AND ALL SUCH WARRANTIES, ALL OF WHICH REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS ARE ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, ARISING FROM COURSE OF DEALING OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED USAGE. UPS DOES NOT WARRANT THAT DEFECTS IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO UPS MATERIALS WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES CORRECTED. NO REPRESENTATIONS, GUARANTEES, ORAL OR WARRANTIES AS TO THE APPLICABILITY WRITTEN INFORMATION OR ENFORCEABILITY OF ADVICE GIVEN BY UPS OR ANY SUCH THIRD PARTY WARRANTIESUPS REPRESENTATIVE SHALL CREATE A WARRANTY.

Disclaimers. 11.1 THE COMPANY NATIONAL GRID IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER NYSEG FOR ANY ALLEGED FAILURE OF COMPANY NATIONAL GRID TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE SECOND PARAGRAPH OF SECTION 9.1.1 AND IN SECTION 20 HEREOF, NATIONAL GRID MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER NYSEG ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY NATIONAL GRID AND THE COMPANY NATIONAL GRID MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Section shall survive the expiration or terminationof this Agreement.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.23.2 OF THIS AGREEMENT. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR PROJECTOR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN WRITTEN, ORAL OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING DESIGN OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT SET FORTH HEREIN IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL . THIS DISCLAIMER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES EQUIPMENT OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Article shall survive the termination or expiration of this Agreement.

Disclaimers. 11.1 THE COMPANY NATIONAL GRID IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER NYSEG FOR ANY ALLEGED FAILURE OF COMPANY NATIONAL GRID TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE SECOND PARAGRAPH OF SECTION 9.1.1 AND IN SECTION 20 HEREOF, NATIONAL GRID MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER NYSEG ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY NATIONAL GRID AND THE COMPANY NATIONAL GRID MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Section shall survive the expiration or termination of this Agreement.

Disclaimers. 11.1 THE COMPANY IS SERVICE OFFERINGS ARE PROVIDED “AS IS,” AND NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, OR LICENSORS MAKE ANY WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU OR ANY OTHER PARTY WITH RESPECT TO THE SERVICE OFFERINGS, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICE OFFERINGS WILL BE FREE FROM ERROR OR INTERRUPTION CAUSED BY CYBER-ATTACKS, OR THAT WE WILL BE ABLE TO DETECT OR BLOCK ALL CYBER-ATTACKS, MALICIOUS OR OTHERWISE, FROM INTERFERING WITH YOUR USE OF THE SERVICE OFFERINGS, (II) THE SERVICE OFFERINGS WILL SATISFY YOUR REQUIREMENTS, OR (III) THE SERVICE OFFERINGS WILL BE UNINTERRUPTED OR OPERATE ERROR-FREE OR BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE BUSINESS DOCUMENTATION. ANY IMPLIED WARRANTY OR CONDITION OF PERFORMING DESIGNMERCHANTABILITY, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESNON-INFRINGEMENT, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY ACCURACY, OR SYSTEM INTEGRATION IS EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.23.2 OF THIS AGREEMENT. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR PROJECTOR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN WRITTEN, ORAL OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Article shall survive the termination, cancellation or expiration of this Agreement.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING DESIGN OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT SET FORTH HEREIN IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL . THIS DISCLAIMER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES EQUIPMENT OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“"THIRD PARTY WARRANTIES”"), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 OTHER THAN THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNEXPRESS, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED LIMITED WARRANTIES STATED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO 6, SAGE AND ITS SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL OTHER REPRESENTATIONS, WARRANTIES, REPRESENTATIONSCONDITIONS, AND GUARANTEES, OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, CONDITIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT(I) OF MERCHANTABILITY, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES (II) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL (III) OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT OF PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND DISCLAIMED(IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOMER ACKNOWLEDGES YOU UNDERSTAND AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS AGREE THAT: (1) THE UTILITY OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY A BUSINESS MANAGEMENT COMPUTER PROGRAM DECREASES AS TECHNOLOGY EVOLVES AND THE COMPANY MAKES NO REPRESENTATIONSBUSINESS ENVIRONMENT CHANGES, GUARANTEES(2) YOU ARE FREE TO DECIDE, AND ARE RESPONSIBLE FOR DECIDING, WHEN TO UPGRADE YOUR SOFTWARE, AND (3) SAGE DISCLAIMS ANY RESPONSIBILITY TO DELIVER LATER-RELEASED SOFTWARE OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF OTHERWISE RENDER ANY SUCH THIRD PARTY WARRANTIESCUSTOMER SUPPORT SERVICES UNLESS INCLUDED IN A SERVICE PLAN THAT YOU HAVE PAID FOR IN FULL.

Disclaimers. 11.1 EXCEPT FOR THE COMPANY IS NOT LIMITED WARRANTY PROVIDED IN THE BUSINESS PRECEDING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO SUPPLIERS ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL WITH RESPECT TO THE PRODUCTS AND RELATED MATERIALS. THERE MAY BE SITUATIONS IN WHICH STUDENT HAS A RIGHT TO CLAIM DAMAGES FROM MICROSOFT. WHATEVER THE BASIS FOR STUDENT'S CLAIM (SUCH AS BREACH OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDCONTRACT OR TORT), MICROSOFT'S LIABILITY WILL BE LIMITED TO DIRECT DAMAGES UP TO THE AMOUNT STUDENT HAS PAID UNDER THIS AGREEMENT WITH RESPECT TO THE PRODUCT GIVING RISE TO STUDENT'S CLAIM. CUSTOMER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MICROSOFT OR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSOF ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, LICENSORSWITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED LOSS) ARISING IN CONNECTION WITH THE WORKTHIS AGREEMENT, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES EVEN IF ADVISED OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY POSSIBILITY OF ANY SUCH THIRD PARTY WARRANTIESDAMAGES.

Disclaimers. 11.1 THE COMPANY IS NOT 11.1. EXCEPT AS EXPRESSLY PROVIDED IN THE BUSINESS OF PERFORMING DESIGNSECTION 10, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE ABOVE, EACH OF THE WORK HEREUNDER. PRODUCTS IS PROVIDED “AS IS” AND “AS AVAILABLE.” ACCORDINGLY, BUT WITHOUT IN ANY WAY LIMITING THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR GENERALITY OF THE FOREGOING, SOCIAL SENTINEL DOES NOT REPRESENT OR WARRANT THAT ANY ALLEGED FAILURE OF COMPANY TO PRODUCT WILL MEET THE PERFORMANCE STANDARDS REQUIREMENTS OF ANY PERSON OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY WILL OPERATE ERROR-FREE, CONTINUOUSLY, OR COMPLETELY SECURE, AND SOCIAL SENTINEL MAKES NO WARRANTIES, REPRESENTATIONS, OTHER REPRESENTATIONS OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, WARRANTIES OF ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHKIND, WHETHER WRITTEN OR ORALEXPRESS, IMPLIED, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDINGAND SOCIAL SENTINEL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATIONINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT NONINFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, OR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTHAT MAY ARISE FROM COURSE OF DEALING, LICENSORSCOURSE OF PERFORMANCE, OR PROVIDERS USAGE OF MATERIALTRADE, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, SOCIAL SENTINEL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, COMPLETENESS, ACCURACY, AND PERFORMANCE OF ANY SUCH THIRD PARTY WARRANTIESPRODUCT.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Article shall survive the termination, cancellation or expiration of this Agreement.

Disclaimers. 11.1 THE COMPANY IS NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO 12.1, AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONSEXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORALIMPLIED, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, USAGE, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTRADE PRACTICE, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE LICENSED TECHNOLOGY; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE BASED UPON ANY OF THE PENDING PATENT RIGHTS; OR THAT THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCTS WILL NOT INFRINGE PROPERTY RIGHTS. IN NO EVENT WILL OHSU BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTHING WILL LIMIT OHSU'S REMEDIES OR ABILITY TO RECOVER DAMAGES IN THE EVENT OHSU ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS, INCLUDING INCREASED DAMAGES FOR WILLFUL INFRINGEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION13.1, THE IMPLIED SERVICE, EQUIPMENT, ENABLING SOFTWARE, DOCUMENTATION, AND ANY PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND WEBROOT AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY AND ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSFUNCTIONALITY, OR PROVIDERS MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IN ADDITION, THE ALGORITHMS AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR THE SERVICE ARE FREQUENTLY BEING UPDATED AND TRAINED AND WEBROOT DOES NOT WARRANT THAT SUCH ALGORITHMS AND MACHINE LEARNING ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED, MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, NETWORKS, OR DATABASES. ALL OPEN-SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF MATERIAL, EQUIPMENT, SERVICES OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY COPYRIGHT OWNER OF SUCH OPEN-SOURCE COMPONENTS OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD THIRD-PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESMATERIALS.

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 15, THE COMPANY IS NOT IN SOFTWARE AND THE BUSINESS SERVICES HEREUNDER ARE PROVIDED “AS IS'' WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS'' CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH READYCHEK WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. READYCHEK DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR ANY WORK THAT THE SOFTWARE OR THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. READYCHEK EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED, OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SOFTWARE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SOFTWARE OR USED THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF READYCHEK WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 (a) EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESS LIMITED WARRANTIES PROVIDED IN SECTION 3.2. COMPANY MAKES NO WARRANTIES9, REPRESENTATIONSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTTHE SCHOOLOGY SYSTEM IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, OR THAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SCHOOLOGY SYSTEM WILL BE ERROR FREE. ALL OF WHICH OTHER WARRANTIES RELATING TO THE SCHOOLOGY SYSTEM OR THIS AGREEMENT ARE HEREBY EXPRESSLY EXCLUDED DISCLAIMED BY SCHOOLOGY. EXCEPT AS PROVIDED HEREIN, THE ENTIRE RISK AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSLIABILITY ARISING OUT OF THE USE OF THE SCHOOLOGY SYSTEM REMAINS WITH SUBSCRIBER, LICENSORSINCLUDING, OR PROVIDERS OF MATERIALBUT NOT LIMITED TO, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WHEN SUBSCRIBER’S PRACTICES ARE INCONSISTENT WITH THE WORKSTANDARDS FOR EDUCATIONAL AND PSYCHOLOGICAL TESTING (1999) BY THE AMERICAN EDUCATIONAL RESEARCH ASSOCIATION. WITHOUT LIMITING THE FOREGOING, INCLUDING ITEMS INCORPORATED IN THE WORK THERE IS NO WARRANTY FOR PERFORMANCE ISSUES (“A) CAUSED BY FACTORS OUTSIDE OF SCHOOLOGY’S REASONABLE CONTROL; (B) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR SUBSCRIBER’S THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, PARTIES; OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES(C) RESULTING FROM SCHEDULED MAINTENANCE PERIODS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT Assumption of Risk YOU EXPRESSLY ASSUME ANY AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE ALL RISKS RELATED TO YOUR USE OF THE WORK HEREUNDERAPP AND THE SERVICES. Warranty Disclaimer. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR APP AND THE SERVICES ARE PROVIDED “AS IS, WITH ALL DEFECTS.” THE APP AND THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESKIND WHATSOEVER, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL ACCURACY OF WHICH ARE HEREBY EXPRESSLY EXCLUDED INFORMATIONAL CONTENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR SERVICES WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER; (II) THE APP OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE APP OR SERVICES WILL SATISFY THE END USER’S REQUIREMENTS; (IV) THE APP IS COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES PROVIDED BY ORIGINAL MANUFACTURERSTHIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE EFFECTIVE, LICENSORSACCURATE, OR PROVIDERS OF MATERIALRELIABLE; (VI) THE APP OR SERVICES WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, EQUIPMENTUNAUTHORIZED USE OF, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKUNAUTHORIZED ACCESS TO, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)MISAPPROPRIATION OF, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEESLOSS OF, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ALTERATION OF ANY SUCH THIRD PARTY WARRANTIES.DATA OR INFORMATION; OR

Disclaimers. 11.1 The information on Wealth Online is for information purposes only and is not intended as an offer or solicitation for the purchase of any security or any financial instrument or banking product. The information contained on Wealth Online and the Services are subject to change without notice. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. Any Services fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Services are offered in all countries. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. BNY MELLON AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) WEALTH ONLINE; (ii) ANY SERVICES AVAILABLE ON OR THROUGH WEALTH ONLINE ; AND (iii) YOUR USE OF WHICH ARE HEREBY WEALTH ONLINE OR SERVICES AND THE RESULTS OF SUCH USE. FURTHER, BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY EXCLUDED AND DISCLAIMEDDISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY SERVICES AVAILABLE THROUGH WEALTH ONLINE OR THE UNAVAILABILITY, PERMANENT OR OTHERWISE, OF ANY SERVICES, DOCUMENTS OR DATA AVAILABLE THROUGH OR ON WEALTH ONLINE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES Any statements and opinions expressed on Wealth Online are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of BNY Mellon. Some content on this site may be provided by third party providers, which we consider to be reliable but have not independently verified. We do not guarantee that it is accurate or complete. EXCEPT AS PROVIDED BY ORIGINAL MANUFACTURERSLAW, LICENSORSNEITHER BNY MELLON NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE INFORMATION OR SERVICES OFFERED ON WEALTH ONLINE OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability BY ACCESSING WEALTH ONLINE OR RECEIVING OR UTILIZING SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING WEALTH ONLINE, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR PROVIDERS DELIVERING WEALTH ONLINE OR ITS SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF MATERIALPROFITS, EQUIPMENTTRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, LOSS OF DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE WEALTH ONLINE OR ANY SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE INFORMATION DERIVED FROM WEALTH ONLINE OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR OTHER ITEMS PROVIDED DISTRIBUTION OF SERVICES THROUGH WEALTH ONLINE. WE SHALL NOT BE LIABLE FOR DAMAGE OR USED IN CONNECTION WITH INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF WEALTH ONLINE OR SERVICES. WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF WEALTH ONLINE AND ANY SERVICES OR THE WORKDELETION OR LOSS OF ANY DATA TRANSMITTED THROUGH OR LOCATED ON WEALTH ONLINE. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES WEALTH ONLINE OR ANY SERVICES IS YOUR CESSATION OF THE COMPANY USE OF WEALTH ONLINE AND ANY AND ALL SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE COMPANY MAKES NO REPRESENTATIONSEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, GUARANTEES, OR WARRANTIES AS IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESFULLEST EXTENT PERMITTED BY LAW.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.210.1 (LIMITED WARRANTY), THE SERVICE, SUPPORT, PROFESSIONAL SERVICES AND ALL RELATED COLLIBRA SERVICES ARE PROVIDED “AS IS”. COMPANY MAKES COLLIBRA AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE OR NONINFRINGEMENT. WITHOUT LIMITING ITS EXPRESS OBLIGATIONS IN SECTION 3 (SLA AND SUPPORT), COLLIBRA DOES NOT WARRANT THAT CUSTOMER’S USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. COLLIBRA IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND DISCLAIMEDELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE COLLIBRA’S CONTROL. CUSTOMER ACKNOWLEDGES AND AGREES THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSHORTEST LEGALLY PERMITTED PERIOD.

Disclaimers. 11.1 THE COMPANY IS MASTERCARD DEVELOPERS MATERIALS, MASTERCARD DEVELOPERS INCLUDING, BUT NOT IN THE BUSINESS OF PERFORMING DESIGNLIMITED TO, ENGINEERING WEB SERVICES, SERVICE APIS, SDKS AND ALL INTELLECTUAL PROPERTY MADE AVAILABLE OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE LICENSED BY MASTERCARD UNDER OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHKIND. MASTERCARD DISCLAIMS ALL WARRANTIES DUTIES AND CONDITIONS, WHETHER WRITTEN EXPRESS, IMPLIED OR ORAL, STATUTORY, EXPRESS OR IMPLIEDWITH RESPECT TO THE MASTERCARD DEVELOPERS MATERIALS, MASTERCARD DEVELOPERS INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WEB SERVICES, SERVICE APIS, SDKS AND RELATED INTELLECTUAL PROPERTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, MASTERCARD SPECIFICALLY DISCLAIMS ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED REPRESENTATIONS AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES WARRANTIES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSPRACTICE OR IMPLEMENTATION OF MASTERCARD DEVELOPERS, LICENSORSTHE MASTERCARD DEVELOPERS MATERIALS, IN WHOLE OR PROVIDERS OF MATERIALIN PART, EQUIPMENT, SERVICES WILL NOT INFRINGE ANY THIRD PARTY’S PATENTS OR OTHER ITEMS PROVIDED INTELLECTUAL PROPERTY RIGHTS. SHOULD MASTERCARD DEVELOPERS, THE MASTERCARD DEVELOPERS MATERIALS PROVE TO HAVE DEFECTS OF ANY TYPE, MASTERCARD WILL NOT BEAR ANY COSTS OR USED EXPENSES OF ANY SERVICING, REPAIR AND/OR CORRECTION IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESIMPLEMENTATIONS.

Disclaimers. 11.1 ORKESTRA PROVIDES THE COMPANY IS SERVICE “AS-IS,” AND DOES NOT IN THE BUSINESS MAKE ANY WARRANTY OF PERFORMING DESIGNANY KIND, ENGINEERING WHETHER EXPRESS, IMPLIED, STATUTORY OR CONSTRUCTION SERVICES FOR PROFIT OTHERWISE, AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, REPRESENTATIONSINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER ACKNOWLEDGES AND AGREES WITHOUT LIMITING THE FOREGOING, ORKESTRA DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE. Limitation of Liability. ORKESTRA SHALL HAVE NO OBLIGATION OR LIABILITY RELATED IN ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSWAY TO ANY SALESFORCE® SERVICES OR PRODUCTS, LICENSORSCUSTOMER’S USE OR INABILITY TO USE SUCH SERVICES OR PRODUCTS, OR PROVIDERS ANY ACT OR OMMISSION BY SALESFORCE®. ORKESTRA'S AGGREGATE LIABILITY ARISING OUT OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR USED IN CONNECTION WITH TORT AND REGARDLESS OF THE WORKTHEORY OF LIABILITY, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESWITHOUT LIMITATION NEGLIGENCE.

Disclaimers. 11.1 THE COMPANY IS NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO 12.1, AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONSEXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORALIMPLIED, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, USAGE, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTRADE PRACTICE, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE LICENSED TECHNOLOGIES; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE BASED UPON ANY OF THE PENDING PATENT RIGHTS; OR THAT THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF ANY LICENSED PRODUCTS WILL NOT INFRINGE PROPERTY RIGHTS. IN NO EVENT WILL OHSU BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTHING WILL LIMIT OHSU’S REMEDIES OR ABILITY TO RECOVER DAMAGES IN THE EVENT OHSU ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS, INCLUDING INCREASED DAMAGES FOR WILLFUL INFRINGEMENT.

Disclaimers. 11.1 THE COMPANY IS SOFTWARE SHALL OPERATE AND FUNCTION IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION, WHICH DOCUMENTATION SHALL BE ACCURATE OR COMPLETE IN ALL MATERIAL RESPECTS. LICENSOR DOES NOT WARRANT THAT THE VALIDITY OF ANY OF THE INTELLECTUAL PROPERTY RIGHTS OR THAT PRACTICING THE INVENTIONS CLAIMED UNDER THE INTELLECTUAL PROPERTY RIGHTS WILL BE FREE OF INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 2.3, LICENSEE ON BEHALF OF ITSELF AND ITS SUB-LICENSEES AGREES THAT THE BUSINESS OF PERFORMING DESIGN, ENGINEERING SOFTWARE AND THE INTELLECTUAL PROPERTY RIGHTS ARE LICENSED “AS IS,” AND LICENSOR NEITHER MAKES NOR HAS MADE ANY REPRESENTATION OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WARRANTY WITH COST REIMBURSEMENT) FOR ITS RESPECT TO THE PERFORMANCE OF THE WORK HEREUNDERSOFTWARE INCLUDING ITS SAFETY, EFFECTIVENESS OR COMMERCIAL VIABILITY. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS EXCEPT AS SET FORTH IN THIS SECTION 3.2. COMPANY MAKES NO 2.3 LICENSOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF WITH RESPECT TO FUNCTIONAL CONDITION PERFORMANCE OPERABILITY OR USE OF THE IMPLIED WARRANTIES OF SOFTWARE ON ITS MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE. LICENSEE ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE CAUSE BY THE SOFTWARE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED USED OR SOLD BY ORIGINAL MANUFACTURERS, LICENSORS, LICENSEE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESITS SUB-LICENSEES.

Disclaimers. 11.1 BluBØX does not warrant that: (i) the Products will meet Reseller’s requirements, (ii) the operation of BluSKY or any other BluBØX product will be uninterrupted or error free, or (iii) the BluSKY or other BluBØX products will operate in combination or be compatible to other hardware or software not supplied by BluBØX, except as expressly approved in writing by BluBØX. EXCEPT FOR THE COMPANY IS NOT IN LIMITED WARRANTIES ABOVE, THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT PRODUCTS AND IS NOT RECEIVING ANY FEE OR PROFIT (DOCUMENTATION ARE PROVIDED “AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERIS”. THE LIMITED WARRANTIES ABOVE ARE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE AND IN LIEU OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHTERMS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDIMPLIED BY STATUTE, TRADE USAGE OR COURSE OF DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSNONINFRINGEMENT, OR PROVIDERS OF MATERIALTITLE. THE LIMITED WARRANTIES ABOVE DO NOT COVER NON-DEFECT DAMAGE, EQUIPMENTDAMAGE CAUSED BY IMPROPER INSTALLATION, SERVICES OPERATION OR OTHER ITEMS PROVIDED CARE (INCLUDING, BUT NOT LIMITED TO ABUSE, MISUSE, FAILURE TO PROVIDE REASONABLE AND NECESSARY MAINTENANCE, OR USED IN CONNECTION WITH ANY ALTERATIONS OR MODIFICATIONS TO THE WORKPRODUCT), INCLUDING ITEMS INCORPORATED IN THE WORK LABOR CHARGES FOR REMOVING OR REINSTALLING A REPAIRED OR REPLACED ITEM, OR REPLACEMENT BATTERIES. “Term-of the-Agreement” and Termination of the Agreement. Term-of the Agreement. Unless sooner terminated pursuant to Sections 14(b)-(d) below, the initial term of this Agreement will commence on the Effective Date and will continue thereafter until the last day of the third (3rd) year following the Effective Date (the “THIRD PARTY WARRANTIESInitial Term”). Following the expiration of the Initial Term, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSthis Agreement will be automatically renewed for consecutive one (1) year periods (each a “Renewal Term”). The Initial Term and any Renewal Terms are collectively referred to herein as “the Term”. Agreement Changes. BluB0X reserves the right to change certain terms of this Agreement from time to time and to submit the newer version of this Agreement to Reseller for signature. If Xxxxxxxx does not agree to the new proposed version of the Agreement, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESBluB0X may refuse to renew the Agreement when the current term ends.

Disclaimers. 11.1 THE COMPANY IS (a) UIRF MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2THIS AGREEMENT. COMPANY MAKES NO UIRF EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; COURSE OF DEALING, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, USAGE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION TRADE PRACTICE; WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE TECHNICAL INFORMATION AND PATENT RIGHTS, AND WITH RESPECT TO THE LICENSED PRODUCT(S) AND/OR LICENSED PROCESS(ES)(S) OR LICENSED PROCESS(ES) CONTEMPLATED BY THIS AGREEEMENT; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE AND REMAIN; AND THE NONINFRINGEMENT OF THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCT(S) AND/OR LICENSED PROCESS(ES)S, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL UIRF BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES. NOTHING SHALL LIMIT UIRF'S REMEDIES OR ABILITY TO RECOVER DAMAGES, INCLUDING INCREASED DAMAGES FOR WILLFUL INFRINGEMENT, IN THE EVENT UIRF ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS.

Disclaimers. 11.1 THE COMPANY 9.1 ALL SERVICES ARE PROVIDED ON AN AS-IS NOT AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, VENDOR HAS NOT MADE, AND DOES NOT MAKE, ANY PROJECTWARRANTIES, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED. VENDOR’S DISCLAIMER INCLUDES, INCLUDING, WITHOUT LIMITATIONBUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ALL MERCHANTABILITY, AND TITLE. VENDOR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. VENDOR IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, THE CONTENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES DATA TRANSFERRED TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY ORIGINAL MANUFACTURERSUS. VENDOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THIRD-PARTY SERVICES, LICENSORS, OR PROVIDERS REGARDLESS OF MATERIAL, EQUIPMENT, WHETHER THOSE SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT APPEAR TO BE CONSIDERED PROVIDED BY US. NO WARRANTIES MADE BY THESE THIRD-PARTY ENTITIES TO US SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD-PARTY BENEFICIARY OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, BOTH PARTIES' SERVICES, INFORMATION, CONTENT AND OTHER MATERIALS DELIVERED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. EACH PARTY SPECIFICALLY DISCLAIMS ANY PROJECT, REPRESENTATIONS OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGREGARDING ANY MATERIALS PROVIDED UNDER THIS AGREEMENT, WITHOUT LIMITATIONINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDDEALING OR COURSE OF PERFORMANCE. CUSTOMER ACKNOWLEDGES AND AGREES EXCEPT FOR THE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSITS SERVICE WILL BE UNINTERRUPTED, LICENSORSSECURE, OR PROVIDERS ERROR FREE. THE PARTIES ACKNOWLEDGE THAT USE OF MATERIALANY DATA OR INFORMATION OBTAINED BY USERS THROUGH EITHER PARTY'S SERVICE IS AT USERS' OWN DISCRETION AND RISK, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED AND THAT USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM USE THEREOF. EACH PARTY AGREES TO INCLUDE A DISCLAIMER IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS SUBSTANTIALLY SIMILAR FORM TO THE APPLICABILITY PREVIOUS SENTENCE IN THEIR RESPECTIVE USER'S AGREEMENTS OR ENFORCEABILITY TERMS AND CONDITIONS OF ANY SUCH THIRD PARTY WARRANTIESUSE FOR THEIR RESPECTIVE SERVICES.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY PROVIDED IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, (I) THE SERVICES AND ABRIGO PRODUCTS AND NON-ABRIGO PRODUCTS ARE PROVIDED “AS IS”, AND ABRIGO SHALL HAVE NO LIABILITY FOR ANY PROJECTERRORS OR OMISSIONS IN OR OTHER ASPECTS OF THE ABRIGO PRODUCTS, SERVICES OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYNON- ABRIGO PRODUCTS; AND (II) ABRIGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS CONCERNING RESULTS OBTAINED FROM CUSTOMER’S USE OF MATERIAL, EQUIPMENTTHE ABRIGO PRODUCTS, SERVICES OR NON-ABRIGO PRODUCTS. ABRIGO DOES NOT WARRANT THAT OPERATION OR USE OF THE ABRIGO PRODUCTS, SERVICES OR NON-ABRIGO PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR ENTIRELY SECURE. CUSTOMER WILL BEAR ALL RISK ASSOCIATED WITH ANY USE OF THE INTERNET OR OTHER ITEMS PROVIDED MEANS OF COMMUNICATION OR USED DATA TRANSMISSION BY CUSTOMER UNDER THIS AGREEMENT AND ABRIGO DISCLAIMS ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESUSE.

Disclaimers. 11.1 ALIENVAULT DOES NOT WARRANT OR GURANTEE THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNTIMELINESS, ENGINEERING SEQUENCE, ACCURACY OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE COMPLETENESS OF THE WORK HEREUNDERSUBSCRIPTION AND ASSOCIATED DATA. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR SUBSCRIPTION AND ASSOCIATED DATA IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY ALLEGED FAILURE OF COMPANY TO KIND, EITHER EXPRESS OR IMPLIED. ALIENVAULT DOES NOT WARRANT THAT THE SUBSCRIPTION AND ASSOCIATED DATA WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PERFORMANCE STANDARDS OPERATION THEREOF WILL BE UNINTERRUPTED OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONSERROR FREE, OR GUARANTEES THAT THE AVFEED DATA FEEDS WILL OPERATE IN CONNECTION COMBINATION WITH THIS AGREEMENTANY PARTICULARL HARDWARE, ANY PROJECTSOFTWARE, SYSTEMS OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHDATA WHICH CUSTOMER MAY SELECT OTHER THAN ALIENVAULT PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER WRITTEN OR ORAL, STATUTORYALIENVAULT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDNON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSThe Subscription availability, LICENSORSdata definition and data accuracy are all subject to change. The Subscription data is collected from various sources and will change over time without notice. AlienVault assumes no responsibility or legal liability for the accuracy, OR PROVIDERS OF MATERIALcompleteness, EQUIPMENTreliability, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKtimeliness, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)or usefulness of such information. Furthermore, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSalthough AlienVault reasonably believes that making the information available for Customer is not an infringement or other violation of any third party’s intellectual property rights, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.AlienVault makes no warranty or

Disclaimers. 11.1 IT IS AGREED AND ACKNOWLEDGED THAT (I) THE COMPANY IS NOT IN SERVICES INCLUDE A COMPLEX COMPUTER SOFTWARE THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF WHICH WILL VARY INTER-ALIA DEPENDING ON THE WORK HEREUNDER. CUSTOMER’S HARDWARE PLATFORM, SOFTWARE INTERACTIONS, NETWORK, THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER CONFIGURATION OF THE SOLUTION AND OTHER FACTORS WHICH ARE NOT CONTROLLED BY IVIX AND THAT EXCEPT FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.2. COMPANY MAKES NO 5.1 ABOVE THE SERVICES AND THE DOCUMENTATION ARE PROVIDED “AS IS”, AND IVIX EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY CONCERNING USE, PERFORMANCE, ACCURACY, FITNESS FOR PURPOSE, OR GUARANTEES IN CONNECTION RESULTS OF THE SERVICES,IVIX DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT CUSTOMER’S USE OF THE SERVICES WILL BE UNINTERRUPTED, THAT IT WILL BE COMPATIBLE WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES CUSTOMER’S EQUIPMENT OR SOFTWARE CONFIGURATIONS OR THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IVIX WILL CORRECT ALL ERRORS IN THE WORK SERVICES; AND (“THIRD PARTY WARRANTIES”), II) THE SERVICES ARE NOT TO BE CONSIDERED WARRANTIES PROVIDED SOLELY AS A DECISION ASSISTING TOOL AND ANY OUTPUT AND IMPLEMENTATION BY CUSTOMER OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS SOLUTION SERVICE MUST BE VALIDATED BY CUSTOMER PRIOR TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.THEIR IMPLEMENTATION. o

Disclaimers. 11.1 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE COMPANY SERVICES IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERAT YOUR SOLE RISK. THE EXCLUSIVE REMEDY GRANTED SERVICES ARE PROVIDED “AS IS.” PAX8 AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THIRD-PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS EXTENT PROHIBITED BY LAW OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS OTHERWISE SET FORTH IN SECTION 3.2. COMPANY MAKES NO HEREIN, PAX8 AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.210.1 (LIMITED WARRANTY), THE SERVICE, SUPPORT, PROFESSIONAL SERVICES AND ALL RELATED COLLIBRA SERVICES ARE PROVIDED “AS IS”. COMPANY MAKES COLLIBRA AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE OR NONINFRINGEMENT. WITHOUT LIMITING ITS EXPRESS OBLIGATIONS IN SECTIONS 3 (SLA AND SUPPORT) AND 4.2 (SECURITY), COLLIBRA DOES NOT WARRANT THAT CUSTOMER’S USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. COLLIBRA IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND DISCLAIMEDELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE COLLIBRA’S CONTROL, INCLUDING THE FAILURE TO PROMPTLY IMPLEMENT THE LATEST RELEASE OF THE SERVICE AND/OR SOFTWARE BY OR AT THE DIRECTION OF CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSHORTEST LEGALLY PERMITTED PERIOD.

Disclaimers. 11.1 THE COMPANY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE THEREOF IS AT ITS OWN RISK. ROTARY FREE WIFI ZONE DOES NOT IN THE BUSINESS OF PERFORMING DESIGNMAKE, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTHEREBY DISCLAIMS, ANY PROJECT, AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDCONDITIONS, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NONINFRINGEMENT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES TITLE, AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSARISING FROM A COURSE OF DEALING, LICENSORSUSAGE, OR PROVIDERS TRADE PRACTICE. ROTARY FREE WIFI ZONE DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL EITHER ROTARY FREE WIFI ZONE OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF MATERIALANY NATURE, EQUIPMENTOR FOR ANY LOST REVENUES, SERVICES LOST PROFITS OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES LOSS OF BUSINESS REGARDLESS OF THE COMPANY CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL ROTARY FREE WIFI ZONE'S OR ITS SUPPLIERS' CUMULATIVE LIABILITY EXCEED THE COMPANY MAKES NO REPRESENTATIONSFEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF ROTARY FREE WIFI ZONE IS INFORMED OF THE POSSIBLITY OF SUCH DAMAGES. In addition, GUARANTEESRotary Free Wifi Zone and its suppliers will not be responsible for any damages, OR WARRANTIES losses, expenses or costs that Customer suffers AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.A RESULT OF:

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED SPECIFICALLY PROVIDED IN THIS AGREEMENT IS SECTION 14 (Representations and Warranties), THE SYSTEM AND ALL TOYBOX PERFORMANCE OBLIGATIONS ARE PROVIDED “AS SET FORTH IS” WITHOUT WARRANTY OF ANY KIND. TOYBOX DOES NOT WARRANT (A) THAT THE SYSTEM OR TOYBOX PERFORMANCE OBLIGATIONS WILL MEET SUBSCRIBER’S REQUIREMENTS OR RESULT IN SECTION 3.2ANY DESIRED OUTCOME, OR (B) THAT THE SYSTEM’S OPERATION OR THE DELIVERY OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAKES NO TO THE FULLEST EXTENT PERMITTED BY LAW, TOYBOX HEREBY DISCLAIMS (FOR ITSELF, ITS SERVICE PROVIDERS AND ITS LICENSORS) ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN, WITH RESPECT TO THE SYSTEM AND PERFORMANCE OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY AND OR FITNESS FOR A ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDDEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.15 Indemnification.‌

Disclaimers. 11.1 CISCO DOES NOT REPRESENT OR WARRANT THAT THE COMPANY IS CLOUD SERVICES WILL GUARANTEE ABSOLUTE SECURITY DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, NETWORKS AND ENDPOINTS. CISCO DOES NOT IN REPRESENT OR WARRANT THAT THE BUSINESS OF PERFORMING DESIGNCLOUD SERVICES WILL PROTECT ALL YOUR FILES, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONSNETWORK, OR GUARANTEES ENDPOINTS FROM ALL MALWARE, VIRUSES OR THIRD PARTY MALICIOUS ATTACKS. CISCO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY SYSTEM OR SERVICE TO WHICH A CLOUD SERVICE INTEGRATES OR TO ANY ONGOING INTEGRATION SUPPORT. INTEGRATIONS MADE ACCESSIBLE TO YOU THAT ARE NOT A GENERALLY AVAILABLE PRODUCT INCLUDED ON YOUR ORDER ARE PROVIDED ON AN “AS IS” BASIS. SECUREX ORCHESTRATION ENABLES CUSTOMERS TO PROGRAM AUTOMATED WORKFLOWS. CUSTOMERS ARE RESPONSIBLE FOR ENSURING THAT WORKFLOWS ARE PROGRAMMED CAREFULLY, IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION ACCORDANCE WITH THE WORK, INCLUDING ITEMS INCORPORATED TECHNICAL DOCUMENTATION SUPPLIED BY CISCO AND WITH CONSIDERATION FOR HOW THAT WORKFLOW MIGHT OPERATE UNDER POTENTIAL DIFFERING CIRCUMSTANCES. CISCO RECOMMENDS ALL WORKFLOWS BE TESTED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT A NON-PRODUCTION ENVIRONMENT PRIOR TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESIMPLEMENTATION IN PRODUCTION.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECTLLUMC DISCLAIMS ALL WARRANTIES WHATSOEVER, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHWITH RESPECT TO THE LICENSED TECHNOLOGY, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WARRANTIES AS TO THE MERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, ALL VALIDITY OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSPATENT CLAIMS, LICENSORSISSUED OR PENDING, OR PROVIDERS THAT THE MANUFACTURE, USE OR SALE OF MATERIALTHE LICENSED PRODUCT(S) AND USE OF THE LICENSED TECHNOLOGY WILL NOT INFRINGE ANY PATENT, EQUIPMENTCOPYRIGHT, SERVICES TRADEMARK, OR OTHER ITEMS PROVIDED RIGHTS. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR USED IN CONNECTION WITH THE WORKCONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD EVEN IF SUCH PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES HAS BEEN ADVISED OF THE COMPANY POSSIBILITY OF SUCH DAMAGES. ENCORE TAKES THE LICENSED TECHNOLOGY “AS-IS,” “WITH ALL FAULTS,” AND THE COMPANY MAKES NO REPRESENTATIONS“WITH ALL DEFECTS” AND EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST LLUMC FOR WARRANTY OF ANY Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, GUARANTEES, OR WARRANTIES AS as amended. KIND RELATING TO THE APPLICABILITY OR ENFORCEABILITY LICENSED TECHNOLOGY, SUBJECT TO THE REPRESENTATIONS MADE IN SECTION 12.1. IN NO CASE SHALL LLUMC’S LIABILITY FOR DAMAGES OF ANY SUCH THIRD PARTY WARRANTIESTYPE EXCEED THE TOTAL ROYALTIES WHICH HAVE ACTUALLY BEEN PAID TO LLUMC BY ENCORE AS OF THE DATE OF FILING OF THE ACTION AGAINST LLUMC WHICH RESULTS IN A SETTLEMENT OR AWARD OF DAMAGES.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY PROVIDED IN THE BUSINESS THESE FLOW-DOWN TERMS, NEITHER PARTY MAKES ANY WARRANTY OR GUARANTEE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHKIND, WHETHER WRITTEN OR ORALEXPRESS, IMPLIED, STATUTORY, EXPRESS OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, INCLUDINGEXPRESS, WITHOUT LIMITATIONOR STATUTORY, THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, USAGE OR TRADE PRACTICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES, DOCUMENTATION, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES BENEFITS OR OTHER ITEMS PROVIDED OR USED MATERIAL THAT DATADOG MAY MAKE AVAILABLE IN CONNECTION WITH THESE FLOW-DOWN TERMS ARE PROVIDED BY DATADOG ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE WORKOTHER PROVISIONS OF THIS SECTION 12, INCLUDING ITEMS INCORPORATED DATADOG MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, DOCUMENTATION OR ANY OTHER MATERIAL, OR RESULTS OF THE USE THEREOF, WILL: (a) MEET CUSTOMER’S OR OTHER PERSON’S REQUIREMENTS; (b) OPERATE WITHOUT INTERRUPTION; (c) ACHIEVE ANY INTENDED RESULT; (d) BE ERROR FREE OR (e) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH COMPONENTS OF CUSTOMER’S ENVIRONMENT (AS DEFINED IN THE WORK (“THIRD PARTY WARRANTIES”PASS-THROUGH TERMS), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.25.1 ABOVE STATE CLEANBRAIN’S SOLE AND EXCLUSIVE WARRANTIES TO CLIENT CONCERNING THE SOFTWARE, CLEANTELLIGENT SUBSCRIPTION SERVICES, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, SUPPORT SERVICES, BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, ON-SITE TRAINING, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, AND ALL OTHER ITEMS, PRODUCTS AND SERVICES PROVIDED HEREUNDER AND THE EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. COMPANY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, THE SOFTWARE, THE CLEANTELLIGENT SUBSCRIPTION SERVICES, THE BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, THE CLEANTELLIGENT KNOWLEDGE BASE, THE CHILD ACCOUNT SERVICES, THE WHITE LABEL BRANDING, AND DOCUMENTATION ARE PROVIDED STRICTLY “AS IS,” AND CLEANBRAIN MAKES NO ADDITIONAL WARRANTIES, REPRESENTATIONSEXPRESSED, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTSTATUTORY, ANY PROJECTAS TO THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, SUPPORT SERVICES, BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, ON-SITE TRAINING, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, OR ANY WORK OR SERVICES PERFORMED MATTER WHATSOEVER. IN CONNECTION THEREWITHPARTICULAR, WHETHER WRITTEN OR ORALEXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED ANY AND ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSARISING IN LAW OR FROM COURSE OF DEALING, LICENSORSCOURSE OF PERFORMANCE, OR PROVIDERS USE OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)TRADE, ARE EXPRESSLY EXCLUDED. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY CLEANBRAIN. CLIENT HEREBY DISCLAIMS ANY RELIANCE ON ANY WARRANTY OR REPRESENTATION NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESEXPRESSLY SET FORTH IN THIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY STATED IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM AND CONTENT IS LICENSED, AND PROFESSIONAL SERVICES ARE PROVIDED, ON AN AS-IS BASIS WITHOUT ANY PROJECTEXPRESS OR IMPLIED WARRANTIES. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHLEARNING EXPLORER, WHETHER WRITTEN OR ORAL, STATUTORYITS THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM ANY COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. LEARNING EXPLORER, ITS THIRD PARTY LICENSORS AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES SUPPLIERS DO NOT WARRANT THAT THE PLATFORM, CONTENT OR PROFESSIONAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSAPPLICATION, LICENSORSHARDWARE OR ENVIRONMENT, OR PROVIDERS THAT OPERATION OF MATERIALPLATFORM WILL BE UNINTERRUPTED, EQUIPMENTERROR-FREE OR COMPLETELY SECURE. LEARNING EXPLORER, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“ITS THIRD PARTY WARRANTIES”), LICENSORS AND SUPPLIERS ARE NOT TO BE CONSIDERED WARRANTIES RESPONSIBLE OR LIABLE FOR LOSS, CORRUPTION OR DESTRUCTION OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESDATA.

Disclaimers. 11.1 THE COMPANY 17.1 LICENSEE agrees to be bound itself by and further to include all of the following disclaimers and limitations in all Informational Materials relating to each LICENSEE ETF or a translation in the language of the concerned documentation and upon request to furnish a copy thereof to S&P: “THIS FUND IS NOT IN THE BUSINESS OF PERFORMING DESIGNSPONSORED, ENGINEERING ENDORSED, SOLD OR CONSTRUCTION SERVICES FOR PROFIT PROMOTED BY STANDARD & POOR’S AND IS NOT RECEIVING ANY FEE OR PROFIT ITS AFFILIATES (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER“S&P”). THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY S&P MAKES NO WARRANTIESREPRESENTATION, REPRESENTATIONS, CONDITION OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWARRANTY, EXPRESS OR IMPLIED, INCLUDINGTO THE OWNERS OF THE FUND OR ANY MEMBER OF THE PUBLIC REGARDING THE ADVISABILITY OF INVESTING IN SECURITIES GENERALLY OR IN THE FUND PARTICULARLY OR THE ABILITY OF THE [NAME OF INDEX] TO TRACK THE PERFORMANCE OF CERTAIN FINANCIAL MARKETS AND/OR SECTIONS THEREOF AND/OR OF GROUPS OF ASSETS OR ASSET CLASSES. S&P’S ONLY RELATIONSHIP TO [NAME OF LICENSEE] IS THE LICENSING OF CERTAIN TRADEMARKS AND TRADE NAMES AND OF THE [NAME OF INDEX] WHICH IS DETERMINED, COMPOSED AND CALCULATED BY S&P WITHOUT LIMITATIONREGARD TO [NAME OF LICENSEE] OR THE FUND. S&P HAS NO OBLIGATION TO TAKE THE NEEDS OF [NAME OF LICENSEE] OR THE OWNERS OF THE FUND INTO CONSIDERATION IN DETERMINING, COMPOSING OR CALCULATING THE [NAME OF INDEX]. S&P IS NOT RESPONSIBLE FOR AND HAS NOT PARTICIPATED IN THE DETERMINATION OF THE PRICES AND AMOUNT OF THE FUND OR THE TIMING OF THE ISSUANCE OR SALE OF THE FUND OR IN THE DETERMINATION OR CALCULATION OF THE EQUATION BY WHICH THE FUND SHARES ARE TO BE CONVERTED INTO CASH. S&P HAS NO OBLIGATION OR LIABILITY IN CONNECTION WITH THE ADMINISTRATION, MARKETING, OR TRADING OF THE FUND. S&P DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE [NAME OF INDEX] OR ANY DATA INCLUDED THEREIN AND S&P SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. S&P MAKES NO WARRANTY, CONDITION OR REPRESENTATlON, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY [NAME OF LICENSEE], OWNERS OF THE FUND, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE [NAME OF INDEX] OR ANY DATA INCLUDED THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE AND ANY OTHER EXPRESS OR IMPLIED WARRANTY OR CONDITION WITH RESPECT TO THE [NAME OF INDEX] OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL S&P HAVE ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSLIABILITY FOR ANY SPECIAL, LICENSORSPUNITIVE, INDIRECT, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RESULTING FROM THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES USE OF THE COMPANY AND [NAME OF INDEX] OR ANY DATA INCLUDED THEREIN, EVEN IF NOTIFIED OF THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY POSSIBILITY OF ANY SUCH THIRD PARTY WARRANTIESDAMAGES.”

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 15, THE COMPANY IS NOT IN SOFTWARE AND THE BUSINESS SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH EASTBAY WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR ANY WORK THAT THE SOFTWARE OR THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED, OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SOFTWARE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SOFTWARE OR USED THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 APPLE DOES NOT PROMISE THAT THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECTAPPLE DEVELOPER FORUMS, OR ANY WORK INFORMATION, CONTENT, SERVICE OR SERVICES PERFORMED IN CONNECTION THEREWITHFEATURE OF THE FOREGOING (COLLECTIVELY, WHETHER WRITTEN THE “SERVICE” FOR PURPOSES OF SECTIONS 7 AND 8) WILL BE ERROR-FREE OR ORALUNINTERRUPTED, STATUTORYTHAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. APPLE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR THAT ANY CONTENT POSTED WILL NOT BE OFFENSIVE, INDECENT OR OBJECTIONABLE. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, ALL OMISSIONS AND CONDUCT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED THIRD PARTIES IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT OR RELATED TO BE CONSIDERED WARRANTIES YOUR USE OF THE COMPANY SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE COMPANY MAKES NO REPRESENTATIONSSERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. Apple reserves the right to modify, GUARANTEESsuspend, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESor discontinue the Developer Forums (or any part or content thereof) at any time without notice to You, and Apple will not be liable to You or to any third party should it exercise such rights, including for removing access to any Content.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN4.1 Neither Honeywell, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERDOE, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or any other loss, damage, or injury of any kind whatsoever resulting from Licensee's manufacture, use or sale of materials, information, or Proprietary Rights hereunder. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS 4.2 EXCEPT AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESABOVE, REPRESENTATIONSNEITHER Honeywell, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTDOE, NOR PERSONS ACTING ON THEIR BEHALF MAKE ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWARRANTY, EXPRESS OR IMPLIED: (1) WITH RESPECT TO THE MERCHANTABILITY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSACCURACY, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEESCOMPLETENESS, OR WARRANTIES AS TO USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HERUNDER; (2) THAT THE APPLICABILITY OR ENFORCEABILITY USE OF ANY SUCH THIRD PARTY WARRANTIESSERVICES, MATERIALS, OR INFORMATION MAY NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. FURTHERMORE, HONEYWELL, AND DOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL MANUFACTURED, USED, OR SOLD BY LICENSEE. NEITHER HONEYWELL, NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY EVENT. 4.3 Except for patent infringement actions, Licensee agrees to indemnify Honeywell, the DOE, and persons acting in their behalf for all damages, costs, and expenses, including attorney's fees, arising from, but not limited to, Licensee's making, using, selling, or exporting of any Products or performed Services, in whatever form furnished. Licensee warrants that it has sufficient insurance to cover its indemnification and hold harmless liabilities under this provision including coverage that recognizes this contractual liability. Licensee cannot, without 30 days prior notification to Honeywell, as listed in section 12.1, materially alter or change its coverage respecting its liabilities under this section of the Agreement. Honeywell shall have the option within 30 days to terminate Licensee's rights under this Agreement or seek an alternative mutually satisfactory to the parties. 4.4 Honeywell shall provide Licensee with accurate technical information, but Honeywell does not make any warranty and shall have no liability with respect to the technical information, Proprietary Rights or the use thereof; nor does Honeywell assume any responsibility or make any warranty with respect to Products or services, manufactured, sold or used under or as a result of this agreement.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNANY AND ALL INFORMATION, ENGINEERING MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED PROVIDED BY CARNEGIE MELLON PURSUANT TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS (INCLUDING THE DELIVERABLES), ARE GRANTED AND/OR PROVIDED ON AN "AS SET FORTH IN SECTION 3.2IS" BASIS. COMPANY CARNEGIE MELLON MAKES NO WARRANTIESWARRANTIES OF ANY KIND, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY MATTER, WITHOUT LIMITATIONAND ALL SUCH WARRANTIES, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNEGIE MELLON DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND AGREES THAT COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. sponsor IS PROHIBITED FROM MAKING ANY WARRANTIES EXPRESS OR IMPLIED warranty TO ANY THIRD PARTY on behalf of Carnegie Mellon RELATING TO ANY MATTER, INCLUDING the application of or the results to be obtained FROM the information, materials, services, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS (INCLUDING THE DELIVERABLES) GRANTED AND/OR PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESCARNEGIE MELLON pursuant to this agreement.

Disclaimers. 11.1 THE COMPANY IS NOT IN SOFTWARE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE BUSINESS OF PERFORMING DESIGNFOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO PROCTORFREE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE, NON-INFRINGEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED INTELLECTUAL PROPERTY RIGHTS, NON-INTERFERENCE, SYSTEM INTEGRATION AND DISCLAIMEDACCURACY OF DATA. CUSTOMER ACKNOWLEDGES AND AGREES NO WARRANTY IS MADE BY PROCTORFREE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CERTAIN STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PROCTORFREE DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. DOWNLOAD OR UPLOAD OF ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSMATERIAL THROUGH SOFTWARE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR ANY LINKED COMPUTER SYSTEM, OR PROVIDERS ANY LOSS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH DATA THAT MAY RESULT. PROCTORFREE DOES NOT GUARANTEE THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY SECURITY OF ANY SUCH THIRD PARTY WARRANTIESINFORMATION TRANSMITTED USING THE SOFTWARE.

Disclaimers. 11.1 THE COMPANY IS (a) UIRF MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2THIS AGREEMENT. COMPANY MAKES NO UIRF EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; COURSE OF DEALING, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, USAGE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION TRADE PRACTICE; WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE TECHNICAL INFORMATION AND PATENT RIGHTS, AND WITH RESPECT TO THE LICENSED PRODUCT(S) AND/OR LICENSED PROCESS(ES)CONTEMPLATED BY THIS AGREEEMENT; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE AND REMAIN; AND THE NONINFRINGEMENT OF THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCT(S) AND/OR LICENSED PROCESS(ES). IN NO EVENT SHALL UIRF BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES. IN THE EVENT OF WILLFUL INFRINGEMENT BY LICENSEE OF INTELLECTUAL PROPERTY RIGHTS OF UIRF EITHER (i) OUTSIDE THE SCOPE OF THIS LICENSE, OR (ii) RETAINED BY OR REVERTED TO UIRF HEREUNDER, NOTHING HEREIN SHALL LIMIT UIRF’S RIGHT AND ABILITY TO SEEK SPECIFIC PERFORMANCE UNDER THIS AGREEMENT, AS WELL AS SEEK LEGAL, INJUNCTIVE OR OTHER RELIEF AS MAY BE GRANTED BY A COURT OF COMPETENT JURISDICTION.

Disclaimers. 11.1 Each of Borrower and Solar Asset Subsidiary expressly disclaims any representations and warranties of any kind or nature, express or implied, as to the transactions contemplated under this Agreement. WITHOUT LIMTING THE COMPANY IS FOREGOING, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EACH OF BORROWER AND SOLAR ASSET SUBSIDIARY HAS NOT IN THE BUSINESS OF PERFORMING DESIGNMADE, ENGINEERING NOR SHALL BE DEEMED TO MAKE OR CONSTRUCTION SERVICES FOR PROFIT HAVE MADE, AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTHEREBY DISCLAIMS, ANY PROJECTWARRANTY OR REPRESENTATION, EITHER EXPRESS OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHIMPLIED, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS WITH RESPECT TO ANY PV SYSTEM OR IMPLIEDANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES ANY WARRANTY AS TO DESIGN, CONDITION, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MERCHANTABILITY AND MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, ALL USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, LATENT DEFECT (WHETHER OR NOT DISCOVERABLE BY THE TENANT), COMPLIANCE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDSUCH ITEM WITH ANY APPLICABLE LAW. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSBORROWER: VIVINT SOLAR FINANCING VI, LICENSORSLLC By: _________________________ Name: Title: SOLAR ASSET SUBSIDIARY: [_____] By: _________________________ Name: Title: Exhibit A [See attached.] [Exhibit B to Contribution Agreement] Exhibit B Form of Solar Assets Schedule Supplement This Solar Assets Schedule Supplement (this “Supplement”) dated as of _______, OR PROVIDERS OF MATERIALis by and between VIVINT SOLAR FINANCING VI, EQUIPMENTLLC, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK a Delaware limited liability company (the “THIRD PARTY WARRANTIESBorrower”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSand [_____], GUARANTEESa [Delaware limited liability company] (“Solar Asset Subsidiary”), OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESpursuant to the Contribution Agreement referred to below.

Disclaimers. 11.1 THE COMPANY EQUIPMENT/CONSUMABLE WARRANTY IS NOT EXCLUSIVE AND IN THE BUSINESS LIEU OF PERFORMING DESIGN, ENGINEERING ALL OTHER WARRANTIES BY NANTCELL UNDER OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED RELATING TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2(INCLUDING WITH RESPECT TO THE EQUIPMENT AND CONSUMABLES). COMPANY MAKES NO WARRANTIESNEITHER PARTY MAKES, REPRESENTATIONSAND EACH PARTY HEREBY EXPRESSLY DISCLAIMS, ANY OTHER REPRESENTATIONS OR GUARANTEES WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH ANY EQUIPMENT OR CONSUMABLES OR ANY OTHER ASPECTS OF THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, ALL ACCURACY, NON-INFRINGEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THIRD PARTY RIGHTS OR TITLE, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FURTHER, BUYER WILL BE RESPONSIBLE FOR ENSURING THAT: (I) THE EQUIPMENT AND CONSUMABLES (PROVIDED SUCH ITEM COMPLIES WITH APPLICABLE SPECIFICATIONS WHEN DELIVERED) ARE SUITABLE FOR BUYER’S INTENDED USE; (II) THE EQUIPMENT AND CONSUMABLES ARE HANDLED IN A SAFE MANNER AND (III) BUYER’S USE OF THE EQUIPMENT AND CONSUMABLES, AND ANY DEVICES AND OTHER MATERIALS PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED BUYER FOR USE IN CONNECTION WITH THE WORKEQUIPMENT, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY COMPLY WITH RELEVANT NATIONAL AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESINTERNATIONAL SAFETY REGULATIONS. 5. CONFIDENTIALITY.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY PROJECT, TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY WORK KIND OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYCHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION (INCLUDING, BUT NOT LIMITED TO, HAZARDOUS MATERIALS CONTAMINATION), UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE PROPERTY WITH GOVERNMENTAL LAWS, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. CUSTOMER BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT UPON CLOSING SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS.” SELLER AND BUYER AGREE THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS THE PROVISIONS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THIS PARAGRAPH 28 SHALL SURVIVE THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES CLOSING OF THE COMPANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO RECORDING OF THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESDEED HEREUNDER.

Disclaimers. 11.1 THE COMPANY IS NOT IN SERVICES, THE BUSINESS SEARCH RESULTS AND ALL PARTS THEREOF ARE PROVIDED ‘AS IS’, ‘WITH ALL FAULTS’, AND ‘AS AVAILABLE’ BASIS AT YOUR SOLE RISK AND WITHOUT ANY REPRESENTA- TIONS, WARRANTIES OR CONDITIONS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (KIND EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.26.2. COMPANY MAKES NO WARRANTIES, GIANT OAK EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, OF ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHKIND, WHETHER WRITTEN EXPRESS, IMPLIED OR ORAL, STATUTORY, EXPRESS OR IMPLIEDWITH RESEPCT TO THE SERVICES AND THE SEARCH RESULTS, INCLUDINGINCLUDING WITHOUT LIMITATION (1) MERCHANTABILITY, WITHOUT LIMITATIONMERCHANTABLE QUALITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUIET EN- JOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, RELIABILITY, PERFORMANCE, ACCURACY, TIMELINESS, AVAILABILITY OR COMPLETENESS OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE SERVICES AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTHE SEARCH RESULTS, LICENSORS(3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR PROVIDERS USAGE OF MATERIALTRADE, EQUIPMENT, (4) THE SERVICES OR OTHER ITEMS PROVIDED THE SEARCH RESULTS CONFORMING TO ANY FUNCTION, DEMONSTRATION OR USED IN CONNECTION WITH THE WORKPROMISE BY GIANT OAK, INCLUDING ITEMS INCORPORATED IN THE WORK AND (“THIRD PARTY WARRANTIES”), ARE NOT 5) THAT ACCESS TO BE CONSIDERED WARRANTIES OR USE OF THE COMPANY SERVICES AND THE COMPANY MAKES NO REPRESENTATIONSSEARCH RESULTS WILL BE UNINTERRUPTED, GUARANTEES, ERROR-FREE OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESCOMPLETELY SECURE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNHoneywell does not make any representation to Licensee regarding the scope, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERvalidity or enforceability of the Invention Rights. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2Other than expressly provided in Paragraph 3.1 herein, Honeywell makes no representations, extends no warranties of any kind and assumes no responsibility or liability whatsoever with respect to the design, manufacture, assembly, testing, sale, use or importation of any products or any portion thereof. COMPANY MAKES THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE, ALL EVEN IF HONEYWELL HAS BEEN MADE AWARE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEESSUCH PURPOSE, OR WARRANTIES AS AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, EVEN IF HONEYWELL HAS BEEN MADE AWARE OF SUCH INFRINGEMENT. EXCEPT FOR CONFIDENTIALITY OBLIGATIONS HEREUNDER, NEITHER PARTY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO THE APPLICABILITY OTHER OR ENFORCEABILITY ITS AFFILIATES FOR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE ANY SUCH THIRD PARTY WARRANTIESPATENT OR PRODUCTS. HONEYWELL'S TOTAL LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT IS LIMITED TO AND SHALL NOT EXCEED THE MONIES RECEIVED UNDER THIS AGREEMENT UP TO FIVE HUNDRED THOUSAND DOLLARS (US$500,000).

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.25.1 ABOVE STATE CLEANBRAIN’S SOLE AND EXCLUSIVE WARRANTIES TO CLIENT CONCERNING THE SOFTWARE, CLEANTELLIGENT SUBSCRIPTION SERVICES, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, AND ALL OTHER ITEMS AND SERVICES PROVIDED HEREUNDER AND THE EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. COMPANY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, THE SOFTWARE, THE CLEANTELLIGENT SUBSCRIPTION SERVICES, AND DOCUMENTATION ARE PROVIDED STRICTLY “AS IS,” AND CLEANBRAIN MAKES NO ADDITIONAL WARRANTIES, REPRESENTATIONSEXPRESSED, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTSTATUTORY, ANY PROJECTAS TO THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, OR ANY WORK OR SERVICES PERFORMED MATTER WHATSOEVER. IN CONNECTION THEREWITHPARTICULAR, WHETHER WRITTEN OR ORALEXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED ANY AND ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSARISING IN LAW OR FROM COURSE OF DEALING, LICENSORSCOURSE OF PERFORMANCE, OR PROVIDERS USE OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)TRADE, ARE EXPRESSLY EXCLUDED. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY CLEANBRAIN. CLIENT HEREBY DISCLAIMS ANY RELIANCE ON ANY WARRANTY OR REPRESENTATION NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESEXPRESSLY SET FORTH IN THIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN(a) EXCEPT AS EXPLICITLY STATED HEREIN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED NOTHING IN THIS AGREEMENT IS SHALL BE CONSTRUED AS SET FORTH IN SECTION 3.2A REPRESENTATION MADE OR WARRANTY GIVEN BY INCYTE THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION WITHIN THE INCYTE PATENT RIGHTS, THAT ANY PATENT WITHIN THE INCYTE PATENT RIGHTS THAT HAS ISSUED OR ISSUES WILL BE VALID, OR THAT THE USE OF ANY LICENSE GRANTED HEREUNDER OR THAT THE USE OF ANY INCYTE PATENT RIGHTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. COMPANY INCYTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO DIADEXUS' USE OF THE INFORMATION TO BE PROVIDED TO IT HEREUNDER. EXCEPT AS EXPLICITLY STATED HEREIN, ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, NOVELTY OR FITNESS OF GENE PRODUCTS OR DATABASE INFORMATION FOR A ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED EXCLUDED. INCYTE MAKES NO WARRANTY THAT THE DATABASE INFORMATION DOES NOT CONTAIN ERRORS, HOWEVER INCYTE WARRANTS THAT IT USED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES SHALL CONTINUE TO USE PROFESSIONAL SKILL AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED CARE IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.CREATION,

Disclaimers. 11.1 BluBØX does not warrant that: (i) the Products will meet Reseller’s requirements, (ii) the operation of BluSKY or any other BluBØX product will be uninterrupted or error free, or (iii) the BluSKY or other BluBØX products will operate in combination or be compatible to other hardware or software not supplied by BluBØX, except as expressly approved in writing by BluBØX. EXCEPT FOR THE COMPANY IS NOT IN LIMITED WARRANTIES ABOVE, THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT PRODUCTS AND IS NOT RECEIVING ANY FEE OR PROFIT (DOCUMENTATION ARE PROVIDED “AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERIS”. THE LIMITED WARRANTIES ABOVE ARE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE AND IN LIEU OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHTERMS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDIMPLIED BY STATUTE, TRADE USAGE OR COURSE OF DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSNONINFRINGEMENT, OR PROVIDERS OF MATERIALTITLE. THE LIMITED WARRANTIES ABOVE DO NOT COVER NON-DEFECT DAMAGE, EQUIPMENTDAMAGE CAUSED BY IMPROPER INSTALLATION, SERVICES OPERATION OR OTHER ITEMS PROVIDED CARE (INCLUDING, BUT NOT LIMITED TO ABUSE, MISUSE, FAILURE TO PROVIDE REASONABLE AND NECESSARY MAINTENANCE, OR USED IN CONNECTION WITH ANY ALTERATIONS OR MODIFICATIONS TO THE WORKPRODUCT), INCLUDING ITEMS INCORPORATED IN THE WORK LABOR CHARGES FOR REMOVING OR REINSTALLING A REPAIRED OR REPLACED ITEM, OR REPLACEMENT BATTERIES. “Term-of the-Agreement” and Termination of the Agreement. Term-of the Agreement. Unless sooner terminated pursuant to Sections 10(b)-(d) below, the initial term of this Agreement will commence on the Effective Date and will continue thereafter for a period of three (3) years (the “THIRD PARTY WARRANTIESInitial Term”). Following the expiration of the Initial Term, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESthis Agreement will be automatically renewed for consecutive three (3) year periods (each a “Renewal Term”) on each anniversary of the Effective Date. The Initial Term and any Renewal Terms are collectively referred to herein as “the Term”.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF PERFORMING DESIGNANY KIND, ENGINEERING WHETHER EXPRESS, IMPLIED, STATUTORY OR CONSTRUCTION SERVICES FOR PROFIT OTHERWISE, AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, REPRESENTATIONSINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSTITLE, OR PROVIDERS NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT AND EXTRA AND NEW SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF MATERIAL, EQUIPMENT, SERVICES ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR OTHER ITEMS DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. THE CONTENT IS PROVIDED OR USED IN CONNECTION WITH TO THE WORK, INCLUDING ITEMS INCORPORATED IN USER FOR GENERAL INFORMATION ONLY. THE WORK (“THIRD PARTY WARRANTIES”), ARE CONTENT IS NOT TO BE CONSIDERED WARRANTIES NECESSARILY REFLECTIVE OF THE COMPANY VIEWS OR POLICIES OF INHEALTH, AND SHALL NOT BE CONSTRUED AS LEGAL ADVICE OR A REASONABLE SUBSTITUTION FOR LAW. WE DO NOT ENDORSE THE COMPANY MAKES NO REPRESENTATIONSQUALITY, GUARANTEESRELIABILITY, OR WARRANTIES AS TO ACCURACY OF THE APPLICABILITY CONTENT, NOR ANY INDIVIDUALS OR ENFORCEABILITY CORPORATIONS DESCRIBED HEREIN. YOU SHOULD USE YOUR OWN JUDGMENT IN MAKING USE OF ANY CONTENT AND ARE RESPONSIBLE FOR YOUR OWN RESEARCH AND DECISIONS. THE CONTENT DOES NOT REPLACE CONSULTATIONS WITH PROFESSIONAL ADVISORS, SUCH THIRD PARTY WARRANTIESAS QUALIFIED LEGAL PROFESSIONALS, ADJUSTERS, HEALTHCARE PROVIDERS, MEDICAL ASSESSORS, ACCOUNTANTS, AND/OR ENGINEERS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.28.1 (LIMITED WARRANTY), THE LICENSED SOFTWARE, SUPPORT, PROFESSIONAL SERVICES AND ALL RELATED OKERA SERVICES ARE PROVIDED “AS IS”. COMPANY MAKES OKERA AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE OR NONINFRINGEMENT. WITHOUT LIMITING ITS EXPRESS OBLIGATIONS IN SECTION 3 (SUPPORT), OKERA DOES NOT WARRANT THAT CUSTOMER’S USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET CUSTOMER’S PARTICULAR COMPLIANCE OR LEGAL NEEDS OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. OKERA IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND DISCLAIMEDELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OKERA’S CONTROL. CUSTOMER ACKNOWLEDGES AND AGREES THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSHORTEST LEGALLY PERMITTED PERIOD.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNEXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY PATRIOT MAKES NO WARRANTIES, WARRANTIES OR REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGCONCERNING THE SOFTWARE OR SERVICES, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PATRIOT DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE AND SERVICES, ALL INCLUDING UPDATES, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES SOFTWARE USE OR ISSUES WITH OUR SOFTWARE OR SERVICES ARISING OUT OF THEIR USE ON OR IN CONJUNCTION WITH THIRD PARTY HARDWARE, SOFTWARE OR SYSTEMS NOT PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKUS, INCLUDING ITEMS INCORPORATED FEDERAL, STATE OR LOCAL GOVERNMENT, BANKING, AND FINANCIAL INSTITUTIONS. YOUR USE OF CERTAIN LICENSED FUNCTIONS IN THE WORK (“SOFTWARE IS DEPENDENT ON THE AVAILABILITY AND COVERAGE OF FINANCIAL NETWORKS AND TECHNOLOGIES, AND THE INTERNET, WHICH INVOLVE FACILITIES OWNED AND OPERATED BY THIRD PARTY WARRANTIES”)PARTIES. WE ARE NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF SUCH SYSTEMS OR FACILITIES. WE DO NOT GIVE ANY PROFESSIONAL TAX OR ACCOUNTING ADVICE TO INCLUDE, BUT NOT BE LIMITED TO, THE LICENSING AND USE OF OUR SOFTWARE AND SERVICES; YOU SHOULD CONSULT WITH YOUR ACCOUNTING AND TAX PROFESSIONAL IN THIS REGARD. ACH SERVICES OFFERED IN RELATION TO CUSTOMER ORIGINATION OF CREDITS AND/OR DEBITS, SENT BY PATRIOT, ARE NOT TO BE CONSIDERED WARRANTIES WARRANTIED BY PATRIOT AND PATRIOT ACCEPTS LIABILITY FOR THE AMOUNT OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS FUNDS ONLY TO THE APPLICABILITY OR ENFORCEABILITY OF ANY EXTENT CUSTOMER HAS FUNDED SUCH THIRD PARTY WARRANTIESCREDITS AND DEBITS AND IN ACCORDANCE WITH CUSTOMER ORIGINATION INSTRUCTION.

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 8, THE COMPANY IS NOT IN SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE BUSINESS “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH EASTBAY WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SERVICES, OR ANY WORK THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE DELIVERY OF THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR USED GIVE RISE TO ANY LIABILITY OF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 The Company is not obligated to provide any support, implementation, maintenance or upgrade We may develop updates or upgrades to the APIs or to any extensions or enhancements to the APIs from time to time, which we may make available to you at our sole discretion. We reserve the right to terminate, suspend or change the APIs at any time with or without notice, including, but not limited to, changing or removing the APIs or performing scheduled or unscheduled maintenance. You acknowledge and agree that updates to the APIs may not be backwards compatible with prior versions. IN NO EVENT WILL THE COMPANY IS NOT OR THE AVALANCHE FOUNDATION LIMITED, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “FOUNDATION”) OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS, AFFILIATES, AGENTS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, STATUTORY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF GOODWILL OR REPUTATION, LOSS OF CONTRACT, DIMINUTION IN VALUE OR LOST OPPORTUNITY, LOSS, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER DAMAGES, IN ANY OTHER FORM, ARISING OUT OF, OR IN CONNECTION WITH, THE BUSINESS OF PERFORMING DESIGN, ENGINEERING TOS; YOUR USE OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE INABILITY TO USE THE APIS; MARKETING OF THE WORK HEREUNDERAPIS; ANY FORM OF FAILURE, ERROR, OR BREAKDOWN IN USE OF THE APIS; THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES IN CIRCUMSTANCES WHERE YOU DO NOT OR ARE UNABLE TO USE THE SERVICES; ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APIS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY FAULT, OR ERROR MADE BY THE COMPANY OR THE FOUNDATION; YOUR RELIANCE ON CONTENT AVAILABLE THROUGH THE APIS; ANY COMMUNICATION WITH OTHER USERS THROUGH THE APIS; ANY RESTRICTION OF ACCESS OR USE OF THE APIS; OR ANY OTHER MATTER RELATING TO THE APIS, EVEN IF THE COMPANY OR THE FOUNDATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE COMPANY AND THE FOUNDATION AND THEIR RESPECTIVE SERVICE PROVIDERS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO U.S.$1.00. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE EXCLUSIVE REMEDY GRANTED APIS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR ACCESS OR USE OF THE APIS WILL BE AT YOUR SOLE RISK. TO CUSTOMER FOR ANY ALLEGED FAILURE OF THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APIS AND YOUR ACCESS OR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDNON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSWARRANTIES OR REPRESENTATIONS ABOUT (I) THE ACCURACY, GUARANTEESRELIABILITY, USEFULNESS OR COMPLETENESS OF THE APIS; (II) THAT THE APIS WILL MEET YOUR REQUIREMENTS; OR (III) THAT THE APIS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WITHOUT LIMITING THE FORGOING, YOU UNDERSTAND AND AGREE THAT THE COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY GLITCHES, BUGS, ERRORS, HACKS OR INACCURACIES OF ANY KIND IN, OR WARRANTIES AS TO ANY VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, THE APPLICABILITY APIS OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHE SYSTEMS OPERATED BY THE COMPANY OR ON ITS BEHALF. Indemnification; Release You agree to defend, release, indemnify, and hold the Company and the Foundation, including all of our respective affiliates, service providers, officers, directors, agents, partners, employees, contractors, successors and assigns (collectively, “Indemnified Parties” and, each, an “Indemnified Party”) harmless from and against any loss, damage, expenses, liability, claim, or demand (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) (“Losses”), due to or arising out of: (1) your access to or use of the APIs, or your inability to access or use the APIs; (2) any contributions you submit to Company or transmit through the APIs (including, without limitation, any content or computer viruses), (3) your breach or anticipatory breach of this TOS; (4) your violation or anticipatory violation of applicable law; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the APIs. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Disclaimers. 11.1 To the maximum extent permitted by law, Qlik does not represent, warrant or make any commitment that: (i) the Software will meet Licensee’s requirements; (ii) the Software will operate in combination with other hardware or software; or (iii) operation of the Software, will be uninterrupted or error free. TO THE COMPANY IS NOT IN MAXIMUM EXTENT PERMITTED BY LAW, THE BUSINESS OF PERFORMING DESIGNSOFTWARE, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT DATA (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH DEFINED IN SECTION 3.2. COMPANY MAKES NO 12), QLIK CONNECTORS AND ANY SERVICES, TRAINING MATERIALS OR COURSE CURRICULUM QV APA May 2016 (AS DEFINED HEREIN) PROVIDED BY QLIK HEREUNDER ARE PROVIDED "AS IS", AND QLIK AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHCONDITIONS AND OTHER TERMS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDIMPLIED (BY STATUTE, COMMON LAW OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF AS TO THEIR ACCURACY, TIMELINESS, COMPLETENESS, RESULTS, TITLE, NON- INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL EVEN IF QLIK HAS BEEN INFORMED OF WHICH ARE SUCH PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR OTHER TERMS ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. QLIK AND ITS DATA VENDORS DISCLAIM ANY WARRANTY THAT LICENSEE'S USE OF THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. QLIK DOES NOT WARRANT OR GUARANTEE THAT IT WILL CORRECT ANY ERRORS OR INACCURACIES IN THE DATA. LICENSEE HEREBY EXPRESSLY EXCLUDED ACKNOWLEDGES THAT QLIK RETRIEVES, AGGREGATES, NORMALIZES AND DISCLAIMEDDELIVERS THE DATA FROM A WIDE VARIETY OF THIRD PARTY SOURCES AND DOES NOT GENERATE OR CREATE THE DATA ITSELF. CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS DISCLAIMER SHALL APPLY NOTWITHSTANDING ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, MADE WITH REGARD TO THE SOFTWARE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR ANY OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH STATEMENTS TO THE WORK, INCLUDING ITEMS INCORPORATED CONTRARY CONTAINED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES AGREEMENT. USE OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, DATA DOES NOT IMPLY ENDORSEMENT OR WARRANTIES AS TO THE APPLICABILITY CERTIFICATION OF SUCH USE BY QLIK OR ENFORCEABILITY ANY OF ANY SUCH THIRD PARTY WARRANTIES.ITS DATA VENDORS

Disclaimers. 11.1 THE COMPANY IS NOT WARRANTIES ABOVE ARE EXCLUSIVE AND IN THE BUSINESS LIEU OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO ALL OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS OR IMPLIED, OF ANY KIND, AS TO ITS ACCURACY OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTCOMPLETENESS, ANY PROJECTAND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYOPENWAVE DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL NON-INFRINGEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND DISCLAIMEDDATA SECURITY, WITH RESPECT TO THE LICENSED SOFTWARE. CUSTOMER ACKNOWLEDGES AND AGREES OPENWAVE DOES NOT WARRANT THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTHE USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, LICENSORSNOR DOES OPENWAVE GUARANTEE, OR PROVIDERS OF MATERIALMAKE ANY REPRESENTATIONS REGARDING THE USE OF, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES RESULTS OF THE COMPANY USE OF, THE LICENSED SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO ALLIANCE MEMBER RELIES ON THIS LICENSED SOFTWARE AND ITS RESULTS SOLELY AT THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESALLIANCE MEMBER'S OWN RISK.

Disclaimers. 11.1 ALIENVAULT DOES NOT WARRANT OR XXXXXXXX THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNTIMELINESS, ENGINEERING SEQUENCE, ACCURACY OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE COMPLETENESS OF THE WORK HEREUNDERSUBSCRIPTION AND ASSOCIATED DATA. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR SUBSCRIPTION AND ASSOCIATED DATA IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY ALLEGED FAILURE OF COMPANY TO KIND, EITHER EXPRESS OR IMPLIED. ALIENVAULT DOES NOT WARRANT THAT THE SUBSCRIPTION AND ASSOCIATED DATA WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PERFORMANCE STANDARDS OPERATION THEREOF WILL BE UNINTERRUPTED OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONSERROR FREE, OR GUARANTEES THAT THE AVFEED DATA FEEDS WILL OPERATE IN CONNECTION COMBINATION WITH THIS AGREEMENTANY PARTICULARL HARDWARE, ANY PROJECTSOFTWARE, SYSTEMS OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHDATA WHICH CUSTOMER MAY SELECT OTHER THAN ALIENVAULT PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER WRITTEN OR ORAL, STATUTORYALIENVAULT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDNON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSThe Subscription availability, LICENSORSdata definition and data accuracy are all subject to change. The Subscription data is collected from various sources and will change over time without notice. AlienVault assumes no responsibility or legal liability for the accuracy, OR PROVIDERS OF MATERIALcompleteness, EQUIPMENTreliability, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKtimeliness, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)or usefulness of such information. Furthermore, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSalthough AlienVault reasonably believes that making the information available for Customer is not an infringement or other violation of any third party’s intellectual property rights, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.AlienVault makes no warranty or

Disclaimers. 11.1 THE COMPANY IS NOT 11.1. EXCEPT AS EXPRESSLY PROVIDED IN THE BUSINESS OF PERFORMING DESIGNSECTION 10, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE ABOVE, EACH OF THE WORK HEREUNDER. SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE.” ACCORDINGLY, BUT WITHOUT IN ANY WAY LIMITING THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR GENERALITY OF THE FOREGOING, SOCIAL SENTINEL DOES NOT REPRESENT OR WARRANT THAT ANY ALLEGED FAILURE OF COMPANY TO SERVICE WILL MEET THE PERFORMANCE STANDARDS REQUIREMENTS OF ANY PERSON OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY WILL OPERATE ERROR-FREE, CONTINUOUSLY, OR COMPLETELY SECURE, AND SOCIAL SENTINEL MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SOCIAL SENTINEL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, REPRESENTATIONSINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT NONINFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, OR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTHAT MAY ARISE FROM COURSE OF DEALING, LICENSORSCOURSE OF PERFORMANCE, OR PROVIDERS USAGE OF MATERIALTRADE, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, SOCIAL SENTINEL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, COMPLETENESS, ACCURACY, AND PERFORMANCE OF ANY SUCH THIRD PARTY WARRANTIESSERVICE.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY STATED IN THE BUSINESS SECTION 7.1 OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESAND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, REPRESENTATIONSNEITHER LICENSOR NOR ANY SUPPLIER OF LICENSOR MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE LICENSED MATERIALS, MAINTENANCE, SERVICES, HOSTED FEATURES OR GUARANTEES OTHER MATERIALS PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, . THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH AND NON- INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES LICENSOR DOES NOT WARRANT THAT ANY LICENSED MATERIALS WILL MEET LICENSEE’S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES LICENSOR WARRANT THAT ANY LICENSED MATERIALS WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSIS RULED INVALID, LICENSORS, THEN LICENSOR DISCLAIMS EXPRESS OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED IMPLIED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESLIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN LICENSOR WARRANTS THE LICENSED MATERIALS AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. Licensee agrees that no oral or written representation, statements, advice or advertisements by Licensor, or Resellers, agents or employees constitute any warranty or modification of the foregoing disclaimer and limited warranty, and Licensee is hereby notified that no such person has any authority to make any such modification or additional warranties.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) PAYING ORGANIZATION ASSUMES ALL RESPONSIBILITY FOR ITS PERFORMANCE SELECTION OF THE WORK HEREUNDERPLATFORM TO ACHIEVE ITS INTENDED RESULTS, FOR THE USE OF AND RESULTS OBTAINED FROM THE PLATFORM, AND FOR TAKING APPROPRIATE MEASURES TO PREVENT LOSS OF DATA. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS EXCEPT AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.2. COMPANY MAKES NO 13.1 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACONEX DISCLAIMS ALL WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, IMPLIED, STATUTORY OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ACONEX DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR THAT THE SERVICES WILL BE AVAILABLE WITHOUT INTERRUPTION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ACONEX WILL NOT BE LIABLE FOR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSSPECIAL, LICENSORSPUNITIVE, EXEMPLARY, INDIRECT, CONSEQUENTIAL LOSS, OR PROVIDERS OTHER DAMAGES (INCLUDING LOSS OF MATERIALPROFIT, EQUIPMENTINTEREST, REVENUE, BUSINESS, GOODWILL, SAVINGS OR ANTICIPATED PROFIT OR ANY LOSS OF OR DAMAGE TO ANY CLIENT DATA, OR LOSS OF OR INTERRUPTION TO CLIENT'S BUSINESS), IN EACH CASE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE PROVISION OF THE PLATFORM OR THE SERVICES INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER ITEMS PROVIDED MALWARE, AND IN EACH CASE REGARDLESS OF WHETHER ACONEX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT OR USED OTHER, UNDER NO CIRCUMSTANCES WILL ACONEX'S (INCLUDING ITS OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND AGENTS): (A) LIABILITY IN ANY MONTH BE GREATER THAN 100% OF THE MONTHLY FEE; AND (B) ACONEX'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT EXCEED THE WORK, INCLUDING ITEMS INCORPORATED IN TOTAL AMOUNT OF FEES PAID BY THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT PAYING ORGANIZATION TO BE CONSIDERED WARRANTIES ACONEX UNDER THIS AGREEMENT THROUGH THE DATE THE CLAIM AROSE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.ITS ESSENTIAL PURPOSE. 15. INDEMNITIES

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 15, THE COMPANY IS NOT IN SOFTWARE AND THE BUSINESS SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH XXXXXXX WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR ANY WORK THAT THE SOFTWARE OR THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED, OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SOFTWARE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SOFTWARE OR USED THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY STATED IN THE BUSINESS SECTION 9.1 OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESAND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, REPRESENTATIONSNEITHER LICENSOR NOR ANY AFFILIATE OR SUPPLIER OF LICENSOR MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE LICENSED MATERIALS, MAINTENANCE, SERVICES, HOSTED FEATURES OR GUARANTEES OTHER MATERIALS PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, . THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH AND NON- INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES LICENSOR DOES NOT WARRANT THAT ANY LICENSED MATERIALS WILL MEET LICENSEE’S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES LICENSOR WARRANT THAT ANY LICENSED MATERIALS WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES PROVIDED IS RULED INVALID, THEN LICENSOR DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY ORIGINAL MANUFACTURERSAPPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, LICENSORSTHEN LICENSOR WARRANTS THE LICENSED MATERIALS AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. Licensee agrees that no oral or written representation, statements, advice or advertisements by Licensor or its Affiliates, or their Resellers, agents or employees constitute any warranty or modification of the foregoing disclaimer and limited warranty, and Licensee is hereby notified that no such person has any authority to make any such modification or additional warranties. Exclusive Remedy. Licensee's exclusive remedy, and Licensor's sole liability, for Software that does not meet the warranty set forth in Section 9.1 will be, at Licensor's option: (i) to correct the non- conforming Software within a reasonable time so that it conforms to the warranty (or correct the Documentation within a reasonable time if, in Licensor’s judgment, the non-conformity results from error in the Documentation); (ii) to replace the non-conforming Software with another Licensor or Licensor Affiliate software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Licensee to terminate the license as to the non-conforming Software and refund of the unused license fees actually paid by Licensee for the non-conforming Software, provided that Licensee makes available all the information that may be necessary to help Licensor to remedy the non-conformance, including sufficient information to enable Licensor to recreate the non- conformance. LIMITATION OF LIABILITY. NEITHER LICENSOR NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES; FOR LOSS OF USE, PROFITS, REVENUE, SAVINGS; FOR LOSS OR CORRUPTION OF DATA; FOR COSTS OF PRODUCT RECALL, INJURY TO REPUTATION, OR PROVIDERS LOSS OF MATERIALCUSTOMERS; FOR LOSS OF, EQUIPMENTLOSS OF USE OF, SERVICES OR DAMAGE TO OTHER ITEMS PROVIDED EQUIPMENT OR USED PROPERTY; OR FOR DOWNTIME OR BUSINESS INTERRUPTION; ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE WORKLICENSED MATERIALS, INCLUDING ITEMS INCORPORATED MAINTENANCE, SUBSCRIPTION, SERVICES, HOSTED FEATURES, OTHER MATERIALS OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR CLAIM. THE LIABILITY OF LICENSOR AND ITS AFFILIATES, IN THE WORK AGGREGATE, WHETHER IN CONTRACT, TORT (“THIRD PARTY WARRANTIES”INCLUDING NEGLIGENCE), ARE NOT TO BE CONSIDERED WARRANTIES OR OTHERWISE, ARISING OUT OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSOR IN CONNECTION WITH ANY LICENSE, GUARANTEESMAINTENANCE, SUBSCRIPTION, SERVICES, OR WARRANTIES AS OTHER OFFERING OFFERED OR FURNISHED UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE FEE THAT LICENSEE ACTUALLY PAID FOR SUCH LICENSE, MAINTENANCE, SUBSCRIPTION, SERVICES, OR OTHER OFFERING IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION THAT GAVE RISE TO SUCH LIABILITY. NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH ANY OFFERING OR THIS AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN ONE YEAR AFTER THE EVENT GIVING RISE TO THE APPLICABILITY CAUSE OF ACTION HAS OCCURRED. THE EXCLUSIONS AND LIMITATION IN SECTION 10 SHALL NOT APPLY IN CASES OF: (I) FRAUD OR ENFORCEABILITY FRAUDULENT MISREPRESENTATION; (II) BODILY INJURY OR DEATH CAUSED BY LICENSOR’S NEGLIGENCE; OR (III) TO THE EXTENT THAT LIABILITY CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW. TO THE EXTENT ANY APPLICABLE LAW LIMITS THE SCOPE OF ANY THIS SECTION 10, THIS AGREEMENT SHALL BE INTERPRETED TO CONFORM TO SUCH THIRD PARTY WARRANTIESLAW IN A MANNER THAT LIMITS LICENSOR’S AND ITS AFFILIATES’ AND SUPPLIERS’ LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED EXPRESS WARRANTIES IN THIS AGREEMENT IS AS SET FORTH SHALL BE IN SECTION 3.2. COMPANY MAKES NO LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONSEXPRESS, IMPLIED OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED TITLE AND DISCLAIMED. CUSTOMER ACKNOWLEDGES NON-INFRINGEMENT, AND AGREES THAT ANY WARRANTIES PROVIDED ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. DIFFEO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY ORIGINAL MANUFACTURERS, LICENSORS, THE OPERATION OF THE LICENSED PRODUCTS ON OTHER THAN THE COMPUTER AND OPERATING SYSTEM IDENTIFIED IN THIS AGREEMENT OR PROVIDERS ACTS OF MATERIAL, EQUIPMENT, SERVICES ABUSE OR OTHER ITEMS PROVIDED MISUSE BY CUSTOMER. DIFFEO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OR USED DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE WORKINTERRUPTION OR LOSS OF USE OF THE LICENSED PRODUCTS. DIFFEO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOST DATA. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION V, DIFFEO AND ITS LICENSORS SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY DUE TO CUSTOMER’S USE OF THE PRODUCTS OR DUE TO CUSTOMER’S ACTS, INCLUDING ITEMS INCORPORATED IN NEGLIGENCE. THE WORK (“LICENSED PRODUCTS INCORPORATE PROPRIETARY INFORMATION AND TECHNOLOGY OF THIRD PARTY WARRANTIES”)PARTIES. NO REPRESENTATION OR WARRANTY, ARE NOT EXPRESS OR IMPLIED, IS GIVEN BY DIFFEO OR ANY OF SUCH THIRD PARTIES WITH RESPECT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESPROPRIETARY INFORMATION AND TECHNOLOGY.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY STATED IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM AND CONTENT IS LICENSED, AND PROFESSIONAL SERVICES ARE PROVIDED, ON AN AS-IS BASIS WITHOUT ANY PROJECTEXPRESS OR IMPLIED WARRANTIES. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHLEARNING EXPLORER, WHETHER WRITTEN OR ORAL, STATUTORYITS THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM ANY COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. LEARNING EXPLORER, ITS THIRD PARTY LICENSORS AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES SUPPLIERS DO NOT WARRANT THAT THE PLATFORM, CONTENT OR PROFESSIONAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSAPPLICATION, LICENSORSHARDWARE OR ENVIRONMENT, OR PROVIDERS THAT OPERATION OF MATERIALPLATFORM WILL BE UNINTERRUPTED, EQUIPMENTERROR-FREE OR COMPLETELY SECURE. LEARNING EXPLORER, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“ITS THIRD PARTY WARRANTIES”), LICENSORS AND SUPPLIERS ARE NOT TO BE CONSIDERED WARRANTIES RESPONSIBLE OR LIABLE FOR LOSS, CORRUPTION OR DESTRUCTION OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESDATA. Learning Explorer warrants that the Platform will be capable of performing in all material respects in accordance with the functional specifications set forth in the applicable Documentation.

Disclaimers. 11.1 OTHER THAN THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNEXPRESS, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED LIMITED WARRANTIES STATED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO 7, SAGE AND ITS SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL OTHER REPRESENTATIONS, WARRANTIES, REPRESENTATIONSCONDITIONS, AND GUARANTEES, OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, CONDITIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT(I) OF MERCHANTABILITY, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES (II) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL (III) OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT OF PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND DISCLAIMED(IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOMER ACKNOWLEDGES YOU UNDERSTAND AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS AGREE THAT: (1) THE UTILITY OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY A BUSINESS MANAGEMENT COMPUTER PROGRAM DECREASES AS TECHNOLOGY EVOLVES AND THE COMPANY MAKES NO REPRESENTATIONSBUSINESS ENVIRONMENT CHANGES, GUARANTEES(2) YOU ARE FREE TO DECIDE, AND ARE RESPONSIBLE FOR DECIDING, WHEN TO UPGRADE YOUR SOFTWARE, AND (3) SAGE DISCLAIMS ANY RESPONSIBILITY TO DELIVER LATER-RELEASED SOFTWARE OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF OTHERWISE RENDER ANY SUCH THIRD PARTY WARRANTIESCUSTOMER SUPPORT SERVICES UNLESS INCLUDED IN A SERVICE PLAN THAT YOU HAVE PAID FOR IN FULL.

Disclaimers. 11.1 CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, SOFTWARE AND OTHER EQUIPMENT, MATERIALS AND THIRD-PARTY LICENSES AND CONSENTS NEEDED TO USE EACH CUSTOMER APPLICATION AND THE COMPANY IS NOT IN THE BUSINESS API MATERIALS AND API MARKS, AND FOR ALL CHARGES RELATED THERETO. CUSTOMER’S USE OF PERFORMING DESIGNANY API MATERIALS, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT API MARKS AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES HEALTHSUITE DATA PROVIDED IN CONNECTION WITH THIS AGREEMENTAGREEMENT AND ANY APPLICATION IS ENTIRELY AT CUSTOMER’S OWN RISK. PHILIPS DOES NOT MANDATE, ANY PROJECTENDORSE, SUGGEST, ADVOCATE, CONTROL, OR OTHERWISE REQUIRE CUSTOMER’S DEVELOPMENT OR USE OF ANY WORK PARTICULAR FEATURE, FUNCTION, CODED INSTRUCTION, OR APPLICATION. PHILIPS DOES NOT MANDATE, ENDORSE, SUGGEST, ADVOCATE, OR OTHERWISE IMPOSE ANY CONTROL ON CUSTOMER’S CHOICE OF AVAILABLE API MATERIALS (OR COMBINATIONS THEREOF) OR SERVICES PERFORMED IN CONNECTION THEREWITHTO ENABLE A FEATURE, WHETHER WRITTEN FUNCTION, CODED INSTRUCTION, OR ORALAPPLICATION. PHILIPS DOES NOT MANDATE, STATUTORYENDORSE, EXPRESS SUGGEST, ADVOCATE, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OTHERWISE IMPOSE ANY CONTROL ON CUSTOMER’S CHOICE OF MERCHANTABILITY AND FITNESS FOR AVAILABLE SECURITY PROTECTIONS AS LONG AS EACH APPLICATION TRANSMITS DATA WITH A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDPROTOCOL AT LEAST AS SECURE AS 128-BIT SSL ENCRYPTION. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH HAS THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.SOLE DISCRETION TO:

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT CONTRACT, THE XXXXXX CORE TECHNOLOGY IS PROVIDED ON AN “AS SET FORTH IN SECTION 3.2. COMPANY MAKES IS” BASIS AND NO WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, IMPLIED IN FACT OR GUARANTEES IN CONNECTION BY OPERATION OF LAW, STATUTORY OR OTHERWISE, ARE MADE WITH RESPECT THERETO OR OTHERWISE BY CONTRACTOR UNDER THIS AGREEMENTCONTRACT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONTRACTOR DOES NOT WARRANT THAT THE XXXXXX CORE TECHNOLOGY WILL MEET COUNTY’S REQUIREMENTS, BUT DOES WARRANT THAT THE SERVICES WILL CONFORM TO THE REQUIREMENTS OF THIS CONTRACT AND WILL PROVIDE ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSMATERIAL FUNCTIONALITY REQUIRED IN THIS CONTRACT, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THAT THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES USE OF THE COMPANY XXXXXX CORE TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; HOWEVER, SUBJECT TO COUNTY’S COMPLIANCE WITH THIS CONTRACT, CONTRACTOR SHALL PROVIDE TO COUNTY COMMERCIALLY REASONABLE CONTINUOUS AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS UNINTERRUPTED ACCESS TO THE APPLICABILITY OR ENFORCEABILITY SERVICE AND SHALL NOT INTERFERE WITH COUNTY’S ACCESS TO AND USE OF ANY SUCH THIRD PARTY WARRANTIESTHE SERVICE DURING THE TERM OF THIS CONTRACT.

Disclaimers. 11.1 EXCEPT FOR THE COMPANY EXPRESS WARRANTIES SET OUT IN THIS SECTION 6, THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. THE ABOVE WARRANTIES DO NOT COVER THE RESULTS OF ACCIDENT, ABUSE, NEGLECT, IMPROPER TESTING, OR VANDALISM WITH RESPECT TO THE SOFTWARE BY ANYONE OTHER THAN RPC, OR ACTS OF GOD. RPC IS ACTING SOLELY AS A THIRD PARTY SERVICE PROVIDER UNDER THIS AGREEMENT AND SHALL NOT PARTICIPATE IN MANAGEMENT DECISIONS REGARDING CLIENT'S BUSINESS. ACCOUNTING SERVICES RENDERED UNDER THIS AGREEMENT SHALL NOT BE MISCONSTRUED AS A SUBSTITUTE FOR THE BUSINESS SERVICES OF PERFORMING DESIGNPROFESSIONAL ATTORNEYS, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT TAX ADVISORS AND IS CERTIFIED PUBLIC ACCOUNTANTS. RPC DOES NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE WARRANT THAT THE OPERATION OF THE WORK HEREUNDERSOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY RPC MAKES NO WARRANTIES, REPRESENTATIONSEXPRESS, IMPLIED OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS WITH RESPECT TO THE SOFTWARE OR IMPLIEDREGARDING THE SERVICES, INCLUDINGAS TO MERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL NON-INFRINGEMENT, WARRANTIES ARISING FROM A COURSE OF WHICH ARE HEREBY DEALING, USAGE OR TRADE PRACTICE OR ANY OTHER MATTER, OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT. NO REPRESENTATION OR STATEMENT REGARDING THE SOFTWARE OR SERVICES NOT EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, CONTAINED IN THIS AGREEMENT SHALL BE BINDING UPON RPC AS A WARRANTY OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESOTHERWISE.

Disclaimers. 11.1 EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT REPRESENTATIONS AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES2.6(6), REPRESENTATIONSARTICLE VIII, THIS ARTICLE V, SECTION 11.6 AND ELSEWHERE IN THIS AGREEMENT AND THE OTHER TRANSACTION DOCUMENTS, THE FACILITIES ARE TRANSFERRED “AS IS, WHERE IS”, AND SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, WARRANTIES OF ANY PROJECT, KIND OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYNATURE, EXPRESS OR IMPLIED, INCLUDINGAS TO LIABILITIES, WITHOUT LIMITATIONOPERATIONS OF THE FACILITIES, VALUE OR QUALITY OF THE IMPLIED FACILITIES OR THE PROSPECTS (FINANCIAL AND OTHERWISE), RISKS AND OTHER INCIDENTS OF THE FACILITIES. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 2.6(6), ARTICLE VIII, THIS ARTICLE V, SECTION 11.6 AND ELSEWHERE IN THIS AGREEMENT AND THE OTHER TRANSACTION DOCUMENTS, SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSPURPOSE WITH RESPECT TO THE FACILITIES, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES ANY PART THEREOF. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH REPRESENTATION CONCERNING THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES PERFORMANCE OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSFACILITIES. Section aq.
Title . Title to all replacement items, GUARANTEESreplacement parts, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESreplacement materials and replacement equipment supplied under or pursuant to this Agreement to Buyer shall transfer to Buyer upon installation or inclusion in a Facility. Upon replacement of an item or part as part of the Facility Services provided hereunder, Seller shall remove such item or part and shall have the right to dispose of such replaced property in any manner that it chooses in its sole discretion (subject to Section 4.2(3)).

Disclaimers. 11.1 TO THE COMPANY IS NOT IN MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY OUTLINED ABOVE, SUPPLIER (INCLUDING ITS CONTRACTORS AND SUPPLIERS) PROVIDE THE BUSINESS OF PERFORMING DESIGNNETWORK, ENGINEERING OR CONSTRUCTION THE NETWORK PLATFORM, THE TOOLS, AND THE SERVICES FOR PROFIT ASSOCIATED WITH THE NETWORK ON AN “AS-IS’ BASIS. SUPPLIER HEREBY DISCLAIMS AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESOTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING REPRESENTATIONS, GUARANTEES OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTWARRANTIES AS TO ACCURACY, ANY PROJECTADVERTISERABILITY, NON-INFRINGEMENT, COMPLETENESS, CURRENTNESS, TITLE, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUPPLIER DOES NOT WARRANT THAT YOUR USE OF THE NETWORK, ALL THE NETWORK PLATFORM, OR SUPPLIER TOOLS WILL RESULT IN ANY PARTICULAR LEVEL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES INCOME OR BUSINESS TO YOU, OR THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERStorno de ou nos Links de Qualificação e outros conteúdos de publicidade. a. “Publicidade com base em interesses” significa xxxx xxx (x) a xxxxxx de dados xx xxxxxx propriedades digitais ou outras xxxxxx com o(s) propósito(s) de criar perfis e fornecer publicidade com base em preferências ou interesses conhecidos ou inferidos dos dados coletados e (y) a xxxxxx de dados sobre a atividade de um usuário em uma propriedade digital ou fonte para fins de criação de perfil e entrega de publicidade com base nesses dados em uma propriedade digital diferente. 6.2 Conformidade com as disposições de dados adicionais. Dependendo da localização de Sua empresa e do tráfego através de Seus Sites, LICENSORSVocê concorda ainda com as disposições de proteção de dados estabelecidas no Anexo I. Se você deixar de cumprir os requisitos xxxxx seção, OR PROVIDERS OF MATERIALo Fornecedor se reserva o direito de suspender os pagamentos que, EQUIPMENTde forma razoável, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKacredita que esteja relacionado a atividades não conformes, INCLUDING ITEMS INCORPORATED IN THE WORK ou de suspender ou encerrar Sua conta de acordo com o Contrato. Se você determinar que certas Xxxx de Proteção de Dados não se aplicam a você, você concorda em fornecer ao Fornecedor sua análise concluindo a mesma ou em fornecer informações detalhadas sobre as etapas específicas que você realiza para garantir que os indivíduos localizados na jurisdição aplicável, ou de outra forma garantir que indivíduos localizados em uma jurisdição específica regulamentada não visitem Seu Site usando a Rede ou as Ferramentas do Fornecedor. 7. DECLARAÇÕES E GARANTIAS 7.1 Por ambas as partes. Cada parte por meio deste declara, garante e concorda que: (a) é devidamente organizada, legalmente existente e tem plena autoridade para celebrar este Contrato; (b) tem plena autoridade para desempenhar as suas funções nos termos do presente Contrato; (c) cumprirá todas as xxxx, regras e regulamentos aplicáveis à operação de seus negócios e ao seu desempenho nos termos deste Contrato; e (d) o desempenho nos termos deste Contrato não entra em conflito com qualquer outra obrigação para com qualquer outra parte sob a qual esteja vinculado, incluindo direitos de propriedade e privacidade. 7.2 Pelo Parceiro Afiliado. Você ainda declara, garante e concorda que: a) as informações que Você forneceu como parte do processo de registro ou de outra forma, são e serão verdadeiras, precisas e completas; e b) a propriedade digital na qual Você inclui nossos Links de Qualificação fornece aos usuários um benefício solicitado pelo usuário. 7.3 ISENÇÃO DE RESPONSABILIDADE. NA MEDIDA MÁXIMA PERMITIDA POR LEI E EXCETO CONFORME EXPRESSAMENTE DESCRITO ACIMA, O FORNECEDOR (INCLUINDO SUAS CONTRATADAS E FORNECEDORES) FORNECE A REDE, PLATAFORMA DA REDE, AS FERRAMENTAS E OS SERVIÇOS ASSOCIADOS À REDE “THIRD PARTY WARRANTIESNO ESTADO”). O FORNECEDOR, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSPOR MEIO DESTE, GUARANTEESSE ISENTA E NÃO FAZ NENHUMA OUTRA DECLARAÇÃO OU GARANTIA DE QUALQUER TIPO, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESEXPRESSA, IMPLÍCITA OU ESTATUTÁRIA, INCLUINDO DECLARAÇÕES OU GARANTIAS QUANTO À PRECISÃO, PUBLICIDADE, NÃO VIOLAÇÃO, INTEGRIDADE, ATUALIDADE, TÍTULO OU ADEQUAÇÃO A UM PROPÓSITO ESPECÍFICO. O FORNECEDOR NÃO GARANTE QUE O USO DA REDE, PLATAFORMA DA REDE OU DAS FERRAMENTAS DO FORNECEDOR RESULTARÁ EM QUALQUER NÍVEL ESPECÍFICO DE RECEITA OU NEGÓCIO PARA VOCÊ, OU QUE QUAISQUER LINKS DE QUALIFICAÇÃO OU COMPROMISSOS ESTARÃO DISPONÍVEIS PARA VOCÊ.

Disclaimers. 11.1 11.1.1 T-Mobile shall not be liable for any deficiency in performance caused in whole or in part by act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, Unit failure, Network failures, Network problems, lack of coverage or network capacity, equipment or facility upgrade or modification, acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility shortage or relocation, or causes beyond T-Mobile’s reasonable control, including without limitation, the failure of an incoming or outgoing call, including a 9-1-1 emergency call, to be connected or completed or for the functionality of location services, including 9-1-1 location services. EVEN IF T-MOBILE OR ANY OF THE COMPANY T-MOBILE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S AFFILIATES, EMPLOYEES, AGENTS, END USERS, CUSTOMER'S AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY EQUIPMENT, INCLUDING WITHOUT LIMITATION: DISCLAIMED DAMAGES OR LOSS OF PRIVACY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOSS OF DATA, COST OF REPLACEMENT PRODUCTS AND SERVICES, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY ANY EQUIPMENT, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THE SERVICE IS NOT IN THE BUSINESS OF PERFORMING DESIGNGUARANTEED AGAINST EAVESDROPPERS, ENGINEERING HACKERS, ATTACKS, VIRUSES, OR CONSTRUCTION SERVICES FOR PROFIT INTERCEPTORS, AND IS CUSTOMER AGREES THAT T-MOBILE SHALL NOT RECEIVING ANY FEE BE LIABLE TO CUSTOMER, CUSTOMER'S AGENTS OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER END USERS FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS NETWORK, LACK OF PRIVACY OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSECURITY.

Disclaimers. 11.1 Links to Other Sites The MSH Platform may include links to websites of other organizations which, we believe, may offer relevant information. Once you link to another site, you are subject to the disclaimers and security and privacy policies of the new site. Disclaimer of Endorsement The documents posted on the MSH Platform may contain hypertext links or pointers to information created and maintained by other public and private organizations. These links and pointers are provided for visitors’ convenience. We do not control or guarantee the accuracy, relevance, timeliness, or completeness of any linked information. Further, the inclusion of links or pointers to other websites is not intended to endorse, recommend, or favor any views expressed, or commercial products or services offered on these outside sites, or the organizations sponsoring the sites, by trade name, trademark, manufacture, or otherwise. Reference on the MSH Platform to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the site’s visitors, and does not constitute endorsement, recommendation, or favoring by MSH. The views and opinions of authors expressed on the MSH Platform do not necessarily state or reflect those of the MSH. Limitation of Liability TO THE COMPANY IS NOT MAXIMUM EXTENT PERMITTED BY LAW, IN THE NO EVENT WILL MSH OR ITS DONORS/SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS OF PERFORMING DESIGNINTERRUPTION, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE ARISING OUT OF THE WORK HEREUNDERUSE OF, OR INABILITY TO USE, THE SITE, EVEN IF MSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Disclaimer of Liability MSH makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of the MSH Platform and expressly disclaims liability for errors and omissions in any of the contents of the MSH Platform. With respect to the content of the MSH Platform, MSH makes no warranty, expressed or implied or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, and the warranties of merchantability and fitness for a particular purpose, with respect to content available from the MSH Platform or other Internet resources linked from it. Additionally, MSH assumes no legal liability for the accuracy, completeness, or usefulness of any information, product, or process disclosed on the MSH Platform or freedom from computer viruses, and does not represent that use of such information, product, or process would not infringe on privately owned rights. Warranty Disclaimer YOU EXPRESSLY AGREE THAT USE OF THE MSH PLATFORM IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE EXCLUSIVE REMEDY GRANTED MSH PLATFORM IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY THE MAXIMUM EXTENT PERMITTED BY LAW, MSH AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDMSH PLATFORM, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES MSH DOES NOT WARRANT THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSTHE MSH PLATFORM WILL MEET YOUR REQUIREMENTS, OR PROVIDERS THAT THE OPERATION OF MATERIALTHE MSH PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED THAT DEFECTS IN THE WORK (“THIRD PARTY WARRANTIES”)MSH PLATFORM WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT MSH IS NOT LIABLE FOR THE DEFAMATORY, ARE NOT TO BE CONSIDERED WARRANTIES OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE COMPANY AND RISK OF INJURY FROM THE COMPANY MAKES NO REPRESENTATIONSFOREGOING RESTS ENTIRELY WITH YOU. Other Disclaimers • The MSH Platform and the information contained herein is provided for informational and educational purposes only, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESand could include technical inaccuracies or typographical errors.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.210.1 (AWS WARRANTIES), THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1 (AWS WARRANTIES), AWS, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. COMPANY MAKES NO EXCEPT TO THE EXTENT PROHIBITED BY LAW, AWS, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON‐INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.210.1 (AWS WARRANTIES), THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1 (AWS WARRANTIES), AWS, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. COMPANY MAKES NO EXCEPT TO THE EXTENT PROHIBITED BY LAW, AWS, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT 6.1 WITHOUT LIMITING 2RING’S OBLIGATIONS IN THE BUSINESS OF PERFORMING DESIGNSLA, ENGINEERING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 2RING SERVICE IS PROVIDED TO SUBSCRIBER ON AN “AS- IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. 2RING DISCLAIMS ALL EXPRESS, IMPLIED OR CONSTRUCTION STATUTORY WARRANTIES WITH RESPECT TO THE 2RING SERVICE AND ANY RELATED SERVICES FOR PROFIT AND IS NOT RECEIVING PROVIDED BY 2RING OR ITS AFFILIATES, INCLUDING ANY FEE SYSTEMS, NETWORKS OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF ENVIRONMENTS, RELATED TO THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESFOREGOING, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 2RING DOES NOT WARRANT THAT USE OF THE 2RING SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED. 2RING AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE 2RING SERVICE OR ANY RELATED SERVICES PROVIDED BY 2RING OR ITS AFFILIATES THAT ARISE FROM SUBSCRIBER CONTENT OR THIRD PARTY PRODUCTS OR THIRD PARTY APIS. SUBSCRIBER ACKNOWLEDGES THAT ACTIONS INITIATED BY ANY USER ON THE 2RING SERVICE MAY IRREVOCABLY MODIFY AND/OR DELETE SUBSCRIBER CONTENT IN WHOLE OR IN PART AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND SUBSCRIBER AGREES THAT 2RING IS NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, RESULTING LOSS OR PROVIDERS MODIFICATION OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSUBSCRIBER CONTENT.

Disclaimers. 11.1 (a) THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT EXPLICIT REPRESENTATIONS AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED WARRANTIES IN THIS AGREEMENT IS ARE THE PARTIES’ COMPLETE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES. EXCEPT AS SET FORTH SPECIFIED IN SECTION 3.2. COMPANY MAKES NO WARRANTIES9.3 ABOVE, CYPHER LEARNING AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, WARRANTIES AND GUARANTIES OF ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHKIND, WHETHER WRITTEN OR ORALEXPRESS, IMPLIED, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDINGINCLUDING WITHOUT LIMITATION WITH RESPECT TO TITLE, WITHOUT LIMITATIONMERCHANTABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON- INFRINGEMENT OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE OF THE CYPHER LEARNING TECHNOLOGY AND ANY OTHER PRODUCT OR SERVICES FURNISHED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL CYPHER LEARNING DOES NOT WARRANT THAT THE PLATFORM IS ERROR- FREE OR THAT THE PLATFORM OR THE SERVICES WILL OPERATE WITHOUT INTERRUPTION AND CYPHER LEARNING GRANTS NO WARRANTY REGARDING THE USE BY CUSTOMER OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE PLATFORM OR SERVICES. THE CYPHER LEARNING TECHNOLOGY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND DISCLAIMEDOTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CUSTOMER ACKNOWLEDGES AND AGREES THAT CYPHER LEARNING IS NOT RESPONSIBLE FOR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSDELAYS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES DELIVERY FAILURES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKDAMAGES RESULTING FROM SUCH PROBLEMS, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES LOSS OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESDATA.

Disclaimers. 11.1 THE COMPANY IS NOT IN SERVICES, INCLUDING THE BUSINESS OF PERFORMING DESIGNBB55 RATING APP, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT SITE, SOFTWARE AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESALL INFORMATION, REPRESENTATIONS, OR GUARANTEES MATERIALS AND CONTENT PROVIDED IN CONNECTION WITH THIS AGREEMENTTHEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY PROJECTWARRANTIES OF ANY KIND, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT FITNESS FOR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSUSER’S SPORTS BETTING OBJECTIVES, LICENSORSFINANCIAL SITUATION, OR PROVIDERS MEANS. FREE OF MATERIALCOMPUTER VIRUSES AND/OR FREE FROM ERRORS. FURTHERMORE, EQUIPMENTTHE APP, SERVICES THE SOFTWARE, THE SHARP STANDARD AND THE CONTENT PROVIDED IN CONNECTION THEREWITH MAY CONTAIN, BE BASED ON OR OTHERWISE REFER TO ERRORS, INACCURACIES, AND MISCALCULATIONS, PARTIAL OR INCOMPLETE INFORMATION, OUTDATED DATA, MISTAKES OR FAULTS. IN NO EVENT SHALL THE INSTITUTE BE RESPONSIBLE FOR THE PERFORMANCE OF THE APP, THE SOFTWARE, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE, DISRUPTION, DOWNTIME, AND INTERRUPTION OF SERVICES, DELAY, INACCURACY OR OTHER ITEMS PROVIDED OR USED NONPERFORMANCE IN CONNECTION WITH THE WORKSERVICES. THE INSTITUTE DISCLAIMS ALL LIABILITIES AND RESPONSIBILITIES FROM ANY USER FOR THE ABOVE STATED ACTIONS OR INCIDENTS. You understand that the Services (including the BB55 Rating App, INCLUDING ITEMS INCORPORATED Site and its content and the Software and its results) are based, inter alia, on (a) past results which are not indicative of future performance and on (b) algorithm which we deem reliable, but we disclaim any warranty or liability in connection with such content and provide no guarantees with respect to their accuracy or completeness. The App or Services may contain, or direct you to other web pages. We make no representations concerning any content contained in or accessed through the App or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App or the Services. You understand that (i) no content published in connection with the Services, including without limitation, the Software, constitutes a recommendation or opinion with respect to any particular gambling advice or strategy or its suitability for any specific person; (ii) the Institute makes no representations or warranties of any kind, express or implied, as to the availability, operation and use of the App or the information, content, materials or services on or accessed via the App, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement. Neither the App, nor any information, content, materials, Sharp Standard or services available via the App, constitutes or is intended to constitute, or should be construed as, a solicitation or any offer gambling advice or a recommendation or promotion of any transaction; (iii) we are solely providing ratings to Analysts based on the Sharp Standard developed by the Institute, in our sole discretion, and that the views expressed by such Analysts or any users are their own opinions, sports betting picks and recommendations; (iv) our rating depend on user input which may be inaccurate, wrong, outdated, partial or incomplete, in which case if the correct information was plugged into our rating would be different; (vi) our rating system may be subject to errors and interruptions, and may show results that are different from the ratings that should be derived from our published rating criteria; (vii) the results and ratings provided by the Services and/or on the App may be wrong, inaccurate, outdated, partial or incomplete or do not fit for a particular purpose and do not taking into account any user’s betting objectives, financial situation, or means. THE SERVICES ARE OFFERED SOLELY FOR YOUR INFORMATION AND NOT FOR ANY COMMERCIAL USE. YOU SHOULD NOT RELY UPON ANY INFORMATION OR CONTENT INCLUDED IN THE WORK (“THIRD PARTY WARRANTIES”)ANY SERVICES FOR PURPOSES OF GAMBLING, AND YOU ARE NOT ENCOURAGED TO BE CONSIDERED WARRANTIES CONDUCT YOUR OWN RESEARCH AND DUE DILIGENCE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY APP, AND THE COMPANY MAKES NO REPRESENTATIONSANY PUBLICATIONS, GUARANTEESPRESENTATIONS, SPORTS DATA, SPORTS BETTING DATA, BETTING LINES, PERFORMANCE INFORMATION, PROS, FOLLOWER/FOLLOWING FUNCTIONS OR ANALYSTS OR BLOGGERS OPINIONS, POSTINGS, OR WARRANTIES AS TO OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESAPP IS AT YOUR OWN RISK. You are solely responsible for any actions or decisions you take based on materials and information available through our App and Services, and should carry out your own research and investigation as appropriate.

Disclaimers. 11.1 EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT EXPRESS LIMITED WARRANTIES AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS REPRESENTATIONS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. ALL OTHER REPRESENTATIONS AND WARRANTIES CONCERNING ANY PROJECTPRODUCT OR SERVICE, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHEXPRESS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATIONARE HEREBY EXPRESSLY DISCLAIMED, THE IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSNONINFRINGEMENT, LICENSORSSATISFACTORY QUALITY, OR PROVIDERS NON-INTERFERENCE, OR ANY WARRANTY ARISING FROM A COURSE OF MATERIALDEALING, EQUIPMENTUSAGE, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH TRADE PRACTICE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE WORK, INCLUDING ITEMS INCORPORATED IN EXPRESS LIMITED WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. WITHOUT LIMITING THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES GENERALITY OF THE COMPANY AND THE COMPANY FOREGOING, GRI MAKES NO REPRESENTATIONS, GUARANTEES, WARRANTY OR WARRANTIES REPRESENTATION AS TO THE APPLICABILITY RESULTS; ACCURACY, RELIABILITY OR ENFORCEABILITY END- USER CONNECTIVITY; SPEED OF ANY SUCH THIRD PARTY WARRANTIESTHE GRI SOFTWARE; THAT THE OPERATION OR CONNECTIVITY OF THE GRI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE GRI SOFTWARE WILL BE FREE OF ALL POSSIBLE METHODS OF ACCESS, ATTACK, OR INTRUSION.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY LIGHTEDGE MAKES NO WARRANTIES, REPRESENTATIONS, REPRESENTATIONS AND OR GUARANTEES WARRANTY REGARDING THE SOFTWARE EXCEPT THAT LIGHTEDGE HAS THE RIGHT TO USE OR PROVIDE SUCH SOFTWARE TO CUSTOMER. ALL RIGHTS IN CONNECTION ANY SOFTWARE NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LIGHTEDGE OR ITS LICENSORS. LIGHTEDGE DISCLAIMS ALL WARRANTIES ASSOCIATED WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYTHE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIGHTEDGE DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSERROR-FREE, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED COMPLETELY SECURE. THERE ARE RISKS INHERENT IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED INTERNET CONNECTIVITY THAT COULD RESULT IN THE WORK (“THIRD LOSS OF CUSTOMER PRIVACY, CONFIDENTIAL INFORMATION, AND PROPERTY. LIGHTEDGE HAS NO OBLIGATION TO PROVIDE SECURITY OTHER THAN AS STATED IN THE PURCHASE AGREEMENT. IN ADDITION, CLIENT ACKNOWLEDGES THAT THIS AGREEMENT CONVEYS NO WARRANTIES OR DUTIES OF SUPPORT OR INDEMNIFICATION, EXPRESS OR IMPLIED, BY ANY THIRD-PARTY WARRANTIES”)OWNERS OR VENDORS OF SOFTWARE MADE AVAILABLE TO CUSTOMER BY LIGHTEDGE, ARE NOT TO BE CONSIDERED WARRANTIES OF AND THOSE VENDORS DISCLAIM ANY AND ALL LIABILITY, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSERVICES DELIVERED BY LIGHTEDGE.

Disclaimers. 11.1 The information on Wealth Online is for information purposes only and is not intended as an offer or solicitation for the purchase of any security or any financial instrument or banking product. The information contained on Wealth Online and the Services are subject to change without notice. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. Any Services fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Services are offered in all countries. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. BNY XXX- XXX AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PARTICU-LAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) WEALTH ONLINE; (ii) ANY SERVICES AVAILABLE ON OR THROUGH WEALTH ONLINE ; AND (iii) YOUR USE OF WHICH ARE HEREBY WEALTH ONLINE OR SERVICES AND THE RESULTS OF SUCH USE. FURTHER, BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY EXCLUDED AND DISCLAIMEDDISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY SERVICES AVAILABLE THROUGH WEALTH ONLINE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES Any statements and opinions expressed on Wealth Online are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of BNY Mellon. Some content on this site may be provided by third party providers, which we consider to be reliable but have not independently verified. We do notguarantee that it is accurate or complete. EXCEPT AS PROVIDED BY ORIGINAL MANUFACTURERSLAW, LICENSORSNEITHER BNY MELLON NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE INFOR-MATION OR SERVICES OFFERED ON WEALTH ONLINE OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAINIMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability BY ACCESSING WEALTH ONLINE OR RECEIVING SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING WEALTH ONLINE, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR PROVIDERS DELIVERING WEALTH ONLINE OR ITS SERVICES BE LI- ABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUEN- TIAL DAMAGES OR DAMAGES FOR LOSS OF MATERIALPROFITS, EQUIPMENTTRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE WEALTH ONLINE OR ANY SERVICES; (2) THE CONSEQUENCES OFANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE INFORMATION DE- RIVED FROM WEALTH ONLINE OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR OTHER ITEMS PROVIDED DISTRIBUTION OF SERVICES THROUGH WEALTH ONLINE. WE SHALL NOT BE LI-ABLE FOR DAMAGE OR USED IN CONNECTION WITH THE WORKINJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF WEALTH ONLINE OR SERVICES. WE CANNOTAND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF WEALTH ONLINE AND ANY SERVICES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES WEALTHONLINE OR ANY SERVICES IS YOUR CESSATION OF THE COMPANY USE OF WEALTH ONLINE AND ANY AND ALL SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE COMPANY MAKES NO REPRESENTATIONSEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, GUARANTEES, OR WARRANTIES AS INSUCH JURISDICTIONS LIABILITY IS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESFULLEST EXTENT PERMITTED BY LAW.

Disclaimers. 11.1 IN ADDITION TO THE COMPANY IS NOT DISCLAIMERS IN THE BUSINESS GENERAL TERMS OF PERFORMING DESIGNTHIS AGREEMENT, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERFOLLOWING APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE EXCLUSIVE REMEDY GRANTED SELLING PARTNER APIS AND THE API MATERIALS ARE PROVIDED "AS IS". WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING SELLING PARTNER APIS OR API MATERIALS, INCLUDING ANY WARRANTY THAT: (A) SELLING PARTNER APIS OR API MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS; OR (B) THAT MATERIALS OR DATA YOU ACCESS, USE, STORE, RETRIEVE, OR TRANSMIT IN CONNECTION WITH SELLING PARTNER APIS, INCLUDING YOUR MATERIALS, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. FURTHER, TO CUSTOMER THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY ALLEGED FAILURE COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (I) THE INABILITY TO USE SELLING PARTNER APIS OR THE API MATERIALS, INCLUDING AS A RESULT OF COMPANY TO MEET THE PERFORMANCE STANDARDS ANY TERMINATION OR REQUIREMENTS CONTAINED IN SUSPENSION OF THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESOR TERMINATION OR SUSPENSION OF YOUR USE OF OR ACCESS TO SELLING PARTNER APIS OR API MATERIALS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (III) ANY INVESTMENTS, REPRESENTATIONSEXPENDITURES, OR GUARANTEES COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, AGREEMENT OR ANY WORK YOUR USE OF OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN ACCESS TO SELLING PARTNER APIS OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESAPI MATERIALS.

Disclaimers. 11.1 The express remedies set forth in this Agreement will constitute Client’s exclusive remedies, and Contractor’s sole obligation and liability, for any claim (a) that a Service or Product provided hereunder does not conform to specifications or is otherwise defective, or (b) that the Services were performed improperly. Contractor shall not be responsible for impairments to the Services caused by acts within the control of Client or its employees, agents, contractors, suppliers or licensees, the interoperability of Client applications, or other cause reasonably within Client’s control and not reasonably related to services provided under this Agreement. EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH WARRANTIES MADE BY CONTRACTOR IN SECTION 3.214, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CLIENT, THE SERVICES AND PRODUCTS ARE PROVIDED STRICTLY “AS-IS”. COMPANY MAKES NO CONTRACTOR DOES NOT MAKE ANY ADDITIONAL WARRANTIES, REPRESENTATIONSEXPRESSED, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTIMPLIED, ANY PROJECTARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCT OR SERVICES PROVIDED HEREUNDER, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MATTER WHATSOEVER. THE IMPLIED PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL SATISFACTORY QUALITY, TITLE, AND NON- INFRINGEMENT. CONTRACTOR DOES NOT WARRANT THAT THE SERVICES, PRODUCTS, CUSTOM WORK PRODUCT, OR EMBEDDED SOFTWARE WILL MEET ANY CLIENT REQUIREMENTS NOT SET FORTH HEREIN OR THE STATEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES WORK, OR THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSSERVICES, LICENSORSPRODUCTS, CUSTOM WORK PRODUCT, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED EMBEDDED SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT CLIENT MAY SELECT FOR USE, THAT THE OPERATION OF ANY SERVICES, PRODUCTS, CUSTOM WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEESPRODUCT, OR WARRANTIES AS EMBEDDED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. IF PRE-PRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF SOFTWARE ARE PROVIDED TO THE APPLICABILITY OR ENFORCEABILITY CLIENT. SUCH COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY SUCH THIRD PARTY WARRANTIESKIND. No statement by any sub-contractor, employee, or agent of Contractor, orally or in writing, will serve to create any warranty or obligation not set forth herein or to otherwise modify this Agreement or any Statement of Work in any way whatsoever.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.210.1 (AWS WARRANTIES), THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1 (AWS WARRANTIES), AWS, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, DocuSign Envelope ID: D2D9872E-07FE-41F1-86F3-380C5C288762 WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. COMPANY MAKES NO EXCEPT TO THE EXTENT PROHIBITED BY LAW, AWS, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.210.1 (LIMITED WARRANTY), THE SERVICE, SUPPORT, PROFESSIONAL SERVICES AND ALL RELATED COLLIBRA SERVICES ARE PROVIDED “AS IS”. COMPANY MAKES COLLIBRA AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE OR NONINFRINGEMENT. WITHOUT LIMITING ITS EXPRESS OBLIGATIONS IN SECTION 3 (SLA AND SUPPORT), COLLIBRA DOES NOT WARRANT THAT CUSTOMER’S USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET CUSTOMER’S PARTICULAR COMPLIANCE OR LEGAL NEEDS OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. COLLIBRA IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND DISCLAIMEDELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE COLLIBRA’S CONTROL. CUSTOMER ACKNOWLEDGES AND AGREES THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSHORTEST LEGALLY PERMITTED PERIOD.

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 15, THE COMPANY IS NOT IN SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE BUSINESS “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH SUM+IT WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. SUM+IT DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR ANY WORK THAT THE SOFTWARE OR THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SUM+IT EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED, OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SOFTWARE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SOFTWARE OR USED THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF SUM+IT WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNANY AND ALL INFORMATION, ENGINEERING MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED PROVIDED BY CARNEGIE MELLON PURSUANT TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS (INCLUDING THE CARNEGIE MELLON INTELLECTUAL PROPERTY), ARE GRANTED AND/OR PROVIDED ON AN "AS SET FORTH IN SECTION 3.2IS" BASIS. COMPANY CARNEGIE MELLON MAKES NO WARRANTIESWARRANTIES OF ANY KIND, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY MATTER, WITHOUT LIMITATIONAND ALL SUCH WARRANTIES, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNEGIE MELLON DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND AGREES THAT COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. COLLABORATOR IS PROHIBITED FROM MAKING ANY WARRANTIES EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS (INCLUDING THE CARNEGIE MELLON INTELLECTUAL PROPERTY) GRANTED AND/OR PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT CARNEGIE MELLON PURSUANT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN THIS SECTION 3.28. COMPANY MAKES NO EACH PARTY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; COURSE OF DEALING, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, USAGE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION TRADE PRACTICE; WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE TECHNICAL INFORMATION AND PATENT RIGHTS; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE; AND THE NONINFRINGEMENT OF THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCTS. IN NO EVENT SHALL CSURF BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES. NOTHING SHALL LIMIT CSURF’S REMEDIES OR ABILITY TO RECOVER DAMAGES, INCLUDING INCREASED DAMAGES FOR WILLFUL INFRINGEMENT, IN THE EVENT CSURF ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS.

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 8, THE COMPANY IS NOT IN SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE BUSINESS “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH ECS WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. ECS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SERVICES, OR ANY WORK THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE DELIVERY OF THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL BE UNINTERRUPTED OR ERROR FREE. ECS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PARTICULARPURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR USED GIVE RISE TO ANY LIABILITY OF ECS WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNANY AND ALL INFORMATION, ENGINEERING MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED PROVIDED BY CARNEGIE MELLON PURSUANT TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS (INCLUDING THE DELIVERABLES), ARE GRANTED AND/OR PROVIDED ON AN "AS SET FORTH IN SECTION 3.2IS" BASIS. COMPANY CARNEGIE MELLON MAKES NO WARRANTIESWARRANTIES OF ANY KIND, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY MATTER, WITHOUT LIMITATIONAND ALL SUCH WARRANTIES, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNEGIE MELLON DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND AGREES THAT COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. SPONSOR IS PROHIBITED FROM MAKING ANY WARRANTIES EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS (INCLUDING THE DELIVERABLES) GRANTED AND/OR PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT CARNEGIE MELLON PURSUANT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS SOFTWARE SHALL OPERATE AND FUNCTION IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION, WHICH DOCUMENTATION SHALL BE ACCURATE OR COMPLETE IN ALL MATERIAL RESPECTS. LICENSOR DOES NOT WARRANT THAT THE VALIDITY OF ANY OF THE INTELLECTUAL PROPERTY RIGHTS OR THAT PRACTICING THE INVENTIONS CLAIMED UNDER THE INTELLECTUAL PROPERTY RIGHTS WILL BE FREE OF INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 2, LICENSEE ON BEHALF OF ITSELF AND ITS SUB-LICENSEES AGREES THAT THE BUSINESS OF PERFORMING DESIGN, ENGINEERING SOFTWARE AND THE INTELLECTUAL PROPERTY RIGHTS ARE LICENSED "AS IS," AND LICENSOR NEITHER MAKES NOR HAS MADE ANY REPRESENTATION OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WARRANTY WITH COST REIMBURSEMENT) FOR ITS RESPECT TO THE PERFORMANCE OF THE WORK HEREUNDERSOFTWARE INCLUDING ITS SAFETY, EFFECTIVENESS OR COMMERCIAL VIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 3.22, LICENSOR DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF WITH RESPECT TO FUNCTIONAL CONDITION PERFORMANCE OPERABILITY OR USE OF THE IMPLIED WARRANTIES OF SOFTWARE OR ITS MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE, . LICENSEE ASSUMES ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED RESPONSIBILITY AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED LIABILITY OR LOSS OR DAMAGE CAUSED BY ORIGINAL MANUFACTURERS, LICENSORS, THE SOFTWARE; USED OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES SOLD BY LICENSEE OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESITS SUB­ LICENSEES.

Disclaimers. 11.1 (a) RACKSPACE DOES NOT WARRANT OR REPRESENT THAT THE COMPANY IS NOT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE BUSINESS LOSS OF PERFORMING DESIGNCUSTOMER’S PRIVACY, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT CONFIDENTIAL INFORMATION, AND IS PROPERTY. (b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, RACKSPACE DISCLAIMS ANY AND ALL WARRANTIES NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF EXPRESSLY STATED IN THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDNONINFRINGEMENT. CUSTOMER ACKNOWLEDGES IS SOLELY RESPONSIBLE FOR THE SUITABILITY OF THE SERVICES CHOSEN. ALL GOODS AND AGREES THAT ANY WARRANTIES SERVICES ARE PROVIDED BY ORIGINAL MANUFACTURERSON AN “AS IS” BASIS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES EXCEPT AS EXPRESSLY STATED IN THE SERVICE LEVEL AGREEMENT OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH PART OF THE WORK, INCLUDING ITEMS INCORPORATED AGREEMENT. (c) RACKSPACE WILL NOT BACK UP CUSTOMER’S DATA STORED ON ANY DEVICE UNLESS BACK UP SERVICES ARE PURCHASED. 12. Limitation of Damages. The parties agree that the allocations of risk made in this Section are reasonable and that they would not enter into the Agreement without these limitations on liability. (a) THE CREDITS DESCRIBED IN THE WORK (“THIRD PARTY WARRANTIES”)SERVICE LEVEL AGREEMENT AND SERVICE ORDER FORM ARE CUSTOMER’S SOLE REMEDIES FOR RACKSPACE’S FAILURE TO MEET THE GUARANTIES STATED IN THOSE DOCUMENTS, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.UNLESS

Disclaimers. 11.1 THE COMPANY APPLICATION IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, Dynasty 11 Studios Inc. DOES NOT IN THE BUSINESS OF PERFORMING DESIGNMAKE, ENGINEERING AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONSINCLUDING EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGAND STATUTORY WARRANTIES, REGARDING (A) THE APPLICATION; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE APPLICATION, INCLUDING (WITHOUT LIMITATION, THE ) IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE, NON- INFRINGEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THIRD PARTY RIGHTS, AND DISCLAIMEDANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. CUSTOMER ACKNOWLEDGES AND AGREES DYNASTY 11 STUDIOS INC. MAKES NO REPRESENTATION OR WARRANTY THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSMATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE APPLICATION IS ACCURATE, LICENSORSCOMPLETE, APPROPRIATE, RELIABLE, OR PROVIDERS TIMELY. DYNASTY 11 STUDIOS INC. ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF MATERIALTHE APPLICATION WILL BE UNINTERRUPTED OR ERROR- FREE, EQUIPMENTFREE OF VIRUSES, SERVICES MALICIOUS CODE, OR OTHER ITEMS PROVIDED HARMFUL COMPONENTS, OR USED IN CONNECTION WITH OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE WORKEXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES SOME OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS ABOVE EXCLUSIONS MAY NOT APPLY TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESYOU.