Common use of Exclusion of Warranties Clause in Contracts

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. COPYRIGHT COMPLAINTS Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any warrantyrepresentations, warranties, conditions and guarantees,, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise, except for guarantees or warranties which cannot be excluded by law including any applicable guarantees under the Consumer Guarantees Act 1993 (“CG Act”) or the Contract and Commercial Law Act 2017. The Licensee acknowledges and agrees that the Products are provided in trade and that the CG Act does not apply to their supply. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or APIs. The purpose of this clause 9.3 is to expressly contract out of the WebsiteFair Trading Act 1986 to the maximum extent possible and the parties agree that it is fair and reasonable to do so. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or APIs, the Contents or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs, exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. COPYRIGHT COMPLAINTS Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyrightcopyright (“Infringement Claim”), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Infringement Claim; not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. COPYRIGHT COMPLAINTS Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. However, subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website Website, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. COPYRIGHT COMPLAINTS Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect third party claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licensee’s use extent caused or contributed to by acts, defaults or omissions of the Product for any purpose; Nearmap, its directors, officers, employees, agents and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Workssubcontractors. COPYRIGHT COMPLAINTS Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any warrantyrepresentations, warranties, conditions and guarantees,, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise, except for guarantees or warranties which cannot be excluded by law including any applicable guarantees under the Consumer Guarantees Xxx 0000 (CG Act) or the Contract and Commercial Law Xxx 0000. The Licensee acknowledges and agrees that the Products are provided in trade and that the CG Act does not apply to their supply. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. The purpose of this clause 9.3 is to expressly contract out of the Fair Trading Act 1986 to the maximum extent possible and the parties agree that it is fair and reasonable to do so. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website Website, the Contents or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website, exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. COPYRIGHT COMPLAINTS Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyrightcopyright (Infringement Claim), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Infringement Claim; not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. COPYRIGHT COMPLAINTS Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officerofficers, employees, agents and subcontractors, from and against any and all direct or indirect third party claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licensee’s use extent caused or contributed to by acts, defaults or omissions of the Product for any purpose; Nearmap, its directors, officers, employees, agents and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Workssubcontractors. COPYRIGHT COMPLAINTS Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. COPYRIGHT COMPLAINTS Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1THE SALE(S) OF THE MORTGAGED PROPERTY IS “AS-IS”, “WHERE-IS” AND WITH ALL FAULTS, LATENT OR PATENT, AND SUBJECT TO ALL PRIOR ENCUMBRANCES. The transfer of the Website Mortgaged Property will be made and accepted by the Products are provided "as is", and Nearmap and its content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, highest bidder(s) without any warranty, express other expressed or impliedimplied representations or warranties whatsoever, including, without limitationbut not limited to, representations regarding acreage, description of the Mortgaged Property, uses, rent rolls, leases, outstanding taxes, liens and encumbrances, title and/or title matters, availability of any utilities, building permits, parties in possession, occupancy, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as matter relating to any files structure on the Licensee downloads from Real Property, or any other matter. The highest bidder(s) shall be deemed to have expressly acknowledged by participation in the Website being free from virus public auction that any warranty or harmful coderepresentation, other than those contained herein made by the attorney for the Mortgagee, are without authority and that the highest bidder(s) has duly inspected the Mortgaged Property, the title thereto, the occupancy thereof, and all conditions other matters in connection with the sale by itself and warranties which would otherwise by various experts, including counsel if the highest bidder so desires. The Mortgaged Property shall be implied into this Agreement whether by law, statute or otherwiseconveyed “AS-IS” and “WHERE-IS.” THE MORTGAGEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No Representations While Nearmap uses reasonable efforts to ensure THE MORTGAGEE EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING TITLE TO ANY SUCH MORTGAGED RPOPERTY. From and after the accuracy, correctness and reliability conclusion of the Products and the Websitesale, Nearmap makes no representations all risk of loss or warranties as damage to the accuracyMortgaged Property shall pass to, correctness or reliability and be borne by, the highest bidder(s) of any Product or content contained on the Websitesuch sale. The Products Mortgagee reserves the right to credit bid at the sale and to postpone the Website are subject sale by auctioneer’s public proclamation. The Mortgagee further reserves the right to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any change the terms of the Products sale at the sale or the Websiteto add additional terms and to qualify some or all bidders. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paidOther terms, if any, to Nearmap for access to or use be announced at the sale. DEDHAM INSTITUTION FOR SAVINGS Present Holder of the Products over the 12 month period prior to the alleged defaultsaid Mortgage, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the aboveBy Its Attorneys, for the avoidance of doubtXxxxxx & Xxxxxxxxxx LLP Xxxxxxx X. Xxxxxx Xxxxxx & Xxxxxxxxxx LLP 0 Xxxxxx Xxxxx Xxxxxx, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. COPYRIGHT COMPLAINTS Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final courtXX 00000 000-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third000-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. PRIVACY POLICY Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.0000 Exhibit B Evaluation Materials