Common use of LIMITATION OF LIABILITY AND REMEDIES Clause in Contracts

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LIMITATION OF LIABILITY AND REMEDIES. Esri During the term of the Annual Support and Upgrades Agreement, COMSPOC will use commercially reasonable efforts to provide corrections You with Technical Support to address any issue or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this AgreementSoftware. While it is Esri's COMSPOC’s goal to provide an acceptable resolution for incoming answers or solutions which address such issues or problems/issues and incidents, Esri cannot predict a resolution time and COMSPOC is unable to guarantee that all problems every issue or issues problem can or will be resolved or addressedresolved. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI COMSPOC DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOLIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI WILL COMSPOC BE LIABLE TO LICENSEE YOU FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ANY, INDIRECT OR SERVICES; OTHER DAMAGES, INCLUDING ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECTOTHER INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF TECHNICAL SUPPORT, OR RELATED TO THIS AGREEMENT A LOSS OF DATA OR USE PROFITS, WHETHER IN AN ACTION OF THE SOFTWARE CONTRACT, NEGLIENCE OR DOCUMENTATIONOTHER TORTIOUS ACTION, HOWEVER CAUSED, ON EVEN IF COMSPOC OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS AUTHORIZED COMSPOC BUSINESS PARTNER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, NOR SHALL COMSPOC BE LIABLE FOR ANY SIMILAR CLAIM AGAINST YOU BY ANY OTHER PARTY. THESE LIMITATIONS COMSPOC’S OBLIGATIONS UNDER THE ANNUAL SUPPORT AND UPGRADES AGREEMENT, UNDER ANY THEORY OF LIABILITY OR CONTRIBUTION, SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYNOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE ANNUAL SUPPORT AND UPGRADE AGREEMENT.

LIMITATION OF LIABILITY AND REMEDIES. Esri MarshallGIS will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software Software, Services or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's MarshallGIS' goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri MarshallGIS cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI MARSHALLGIS DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI MARSHALLGIS DOES NOT WARRANT THAT THE SOFTWARE SOFTWARE, SERVICES OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri MarshallGIS fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI MARSHALLGIS BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE SOFTWARE, SERVICES OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI MARSHALLGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LIMITATION OF LIABILITY AND REMEDIES. Esri During the term of the Annual Support and Upgrades Agreement, AGI will use commercially reasonable efforts to provide corrections You with Technical Support to address any issue or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this AgreementSoftware. While it is Esri's AGI’s goal to provide an acceptable resolution for incoming answers or solutions which address such issues or problems/issues and incidents, Esri cannot predict a resolution time and AGI is unable to guarantee that all problems every issue or issues problem can or will be resolved or addressedresolved. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI AGI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOLIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI WILL AGI BE LIABLE TO LICENSEE YOU FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ANY DIRECT, INDIRECT OR SERVICES; OTHER DAMAGES, INCLUDING ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECTOTHER INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF TECHNICAL SUPPORT, OR RELATED TO THIS AGREEMENT A LOSS OF DATA OR USE PROFITS, WHETHER IN AN ACTION OF THE SOFTWARE CONTRACT, NEGLIENCE OR DOCUMENTATIONOTHER TORTIOUS ACTION, HOWEVER CAUSED, ON EVEN IF AGI OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS AUTHORIZED AGI BUSINESS PARTNER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, NOR SHALL AGI BE LIABLE FOR ANY SIMILAR CLAIM AGAINST YOU BY ANY OTHER PARTY. THESE LIMITATIONS AGI’S OBLIGATIONS UNDER THE ANNUAL SUPPORT AND UPGRADES AGREEMENT, UNDER ANY THEORY OF LIABILITY OR CONTRIBUTION, SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYNOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE ANNUAL SUPPORT AND UPGRADE AGREEMENT.

LIMITATION OF LIABILITY AND REMEDIES. Esri During the term of this Agreement, AGI will use commercially reasonable efforts to provide corrections You with Technical Support to address any issue or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this AgreementSoftware. While it is Esri's AGI’s goal to provide an acceptable resolution for incoming answers or solutions which address such issues or problems/issues and incidents, Esri cannot predict a resolution time and AGI is unable to guarantee that all problems every issue or issues problem can or will be resolved or addressedresolved. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI AGI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOLIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI WILL AGI BE LIABLE TO LICENSEE YOU FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ANY DIRECT, INDIRECT OR SERVICES; OTHER DAMAGES, INCLUDING ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECTOTHER INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF TECHNICAL SUPPORT, OR RELATED TO THIS AGREEMENT A LOSS OF DATA OR USE PROFITS, WHETHER IN AN ACTION OF THE SOFTWARE CONTRACT, NEGLIENCE OR DOCUMENTATIONOTHER TORTIOUS ACTION, HOWEVER CAUSED, ON EVEN IF AGI OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS AUTHORIZED AGI BUSINESS PARTNER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, NOR SHALL AGI BE LIABLE FOR ANY SIMILAR CLAIM AGAINST YOU BY ANY OTHER PARTY. THESE LIMITATIONS AGI’S OBLIGATIONS UNDER THIS AGREEMENT, UNDER ANY THEORY OF LIABILITY OR CONTRIBUTION, SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYNOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE ANNUAL SUPPORT AND UPGRADE AGREEMENT.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidentsEXCEPT AS PROVIDED BELOW AND EXCEPT WHEN THERE HAS BEEN A FINDING OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT IN NO EVENT SHALL ERISX, ITS AFFILIATES OR ITS OR THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARTNERS AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PERSON FOR THE ABOVE EXPRESS LIMITED WARRANTYANY LOSSES, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDDAMAGES, EITHER EXPRESS COSTS OR IMPLIED, EXPENSES INCLUDING, BUT NOT LIMITED TOTO LOSS OF PROFITS, LOSS OF USE, DIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM: (A) ANY FAILURE OR MALFUNCTION OF THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDSSERVICES, OR THAT LICENSEE'S OPERATION OF ANY FACILITIES USED TO SUPPORT THE SAME WILL BE UNINTERRUPTED (B) ANY FAULT IN DELIVERY, DELAY, OMISSION, SUSPENSION, INACCURACY OR ERROR FREETERMINATION, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this AgreementANY OTHER CAUSE, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE, USE OF OR INABILITY TO USE ALL OR ANY BUSINESSPART OF THE SERVICES OR OTHER INFORMATION MADE AVAILABLE ON THE SITE, LOSS OF ANY GOODWILLTHE SERVICES, OR ANY FACILITIES USED TO SUPPORT THE SERVICES. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), STRICT LIABILITY OR OTHERWISE. THE SOLE LIABILITY OF ERISX, ITS AFFILIATES AND/OR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARTNERS, AGENTS AND REPRESENTATIVES FOR ANY INDIRECTDIRECT LOSS OR DAMAGE WHETHER IN CONTRACT, SPECIALTORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), INCIDENTAL, STRICT LIABILITY OR CONSEQUENTIAL DAMAGES OTHERWISE ARISING OUT OF OR RELATED IN CONNECTION WITH THE SERVICES OR THE TERMS OF USE SHALL BE LIMITED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON (A) $1,000 FOR ANY THEORY OF LIABILITY, SINGLE CLAIM AND WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY(B) $10,000 FOR ALL CLAIMS.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts Subject t o any applicable “Country Specific Terms” set out below Table 1 in this Contract for Customer’s Contract Jurisdiction and to provide corrections or workaround solutions for any problem or issue reported the extent permitted by applicable law: (i) John Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeDealer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Dealer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. DEALER ACKNOWLEDGES THAT THE SERVICE IS SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND DEALER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. DEALER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE DEALER, ANY EMPLOYEE OF DEALER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH DEALER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND DEALER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, DEALER’S EXCLUSIVE REMEDY FROM JOHN DEERE AND ITS AFFILIATES FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED 100 U.S. DOLLARS. DEALER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS. DEALER UNDERSTANDS AND AGREES THAT IN NO EVENT WILL ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO DEALER, ANY EMPLOYEE OF DEALER, OR ANY THIRD PARTY USING SERVICE THROUGH DEALER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR FAILURE OF ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS CONTRACT, EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND DEALER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, DEALER’S EXCLUSIVE REMEDY FROM ANY UNDERLYING WIRELESS PROVIDER FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED REMEDYTO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS. DEALER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. DEALER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICE MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. DEALER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. DEALER WILL ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO DEALER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, DEALER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE SERVICE HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. DEALER AGREES THAT NONE OF JOHN DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO DEALER, ANY EMPLOYEE OF DEALER, OR ANY THIRD PARTY USING SERVICE THROUGH DEALER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. DEALER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will Customer assumes full responsibility and risk for Customer's use commercially reasonable efforts to provide corrections or workaround solutions of the service and of Customer's account. Systemseven is not liable for any problem costs, expenses, losses, or issue reported damages, either general, special, actual, consequential, or incidental, that Customer may suffer or that some other person may suffer and determined to be in claim against Customer resulting from the Software following: use, misuse, or service outage; customer provided hardware; Customer's actions or activities, whether legal or illegal; the documentation at no cost to Licensee for the term actions or activities of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidentsany other Systemseven customer, Esri cannot predict a resolution time and is unable to guarantee that all problems whether legal or issues can be resolved illegal; or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTEDany other goods or services provided by Systemseven or any of its vendors. If Esri fails Customer's state laws prevent Customer from taking full responsibility for Customer's use of the service, Systemseven's liability is limited to fulfill its obligations the greatest extent allowed by law. In any event, Systemseven's liability to Customer under this Agreement or in relation to any matter in any way connected with this Agreement, Licenseefor any and all types of damages, in no event shall exceed the amount of service fees that Customer has paid to Systemseven in the year preceding Customer's sole and exclusive remedy is the right notice of any claim to terminate this Agreement immediately for Systemseven, or the affected Softwareperiod, whichever is greater. IN NO EVENT NOTWITHSTANDING ANY OTHER PROVISION HEREOF, SYSTEMSEVEN SHALL ESRI NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF THE PERFORMANCE OR RELATED FAILURE TO THIS AGREEMENT PERFORM UNDER ANY CUSTOMER ORDER OR USE THESE TERMS AND CONDITIONS INCLUDING BUT NOT LIMITED THOSE ARISING FROM SYSTEMSEVEN'S FAILURE TO MEET AN INSTALLATION DATE (EXPEDITED OR OTHERWISE) REGARDLESS OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI SYSTEMSEVEN HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF THE LIKELIHOOD OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYDAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable law: (i) John Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeDealer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) John Deere will not be liable for any loss or damage arising from Dealer’s failure to comply with the provision set forth in this Agreement immediately for the affected SoftwareContract. DEALER ACKNOWLEDGES THAT THE SERVICE ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND DEALER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. DEALER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS. DEALER UNDERSTANDS AND AGREES THAT, SUBJECT TO SECTION 6.2A, IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE DEALER, ANY EMPLOYEE OF DEALER, OR ANY THIRD PARTY USING SERVICE THROUGH DEALER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR SERVICES; OTHERWISE AT LAW AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND DEALER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING SUBJECT TO SECTION 6. 2 A, TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, DEALER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE SERVICE PROVIDED HEREUNDER AND WHETHER FOR BREACH OF CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR OTHERWISE AT LAW, IS LIMITED REMEDYTO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SUBJECT TO SECTION 6.2A, DEALER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. DEALER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. DEALER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. S UBJECT TO SECTION 6.2A, DEALER WILL ASSUME ANY WIRELESS COVERAGE RISKS. SUBJECT TO SECTION 6.2A, NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO DEALER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF, OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO SECTION 6.2A,DEALER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE SERVICE HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. SUBJECT TO SECTION 6.2A AND JOHN DEERE'S COMPLIANCE WITH APPLICABLE PRIVACY LAWS, DEALER AGREES THAT NONE OF JOHN DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO DEALER, ANY EMPLOYEE OF DEALER, OR ANY THIRD PARTY USING SERVICE THROUGH DEALER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. DEALER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. 1 IN NO EVENT SHALL ESRI CINCINNATI BELL BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR FOR ANY LOST DATA OR CONFIDENTIAL INFORMATION, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES , OR BUSINESS EXPENDITURES; INVESTMENTS; INTERRUPTION ARISING FROM OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILLRELATING TO THIS AGREEMENT, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ARISING FROM OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT OR THE USE OF THE SOFTWARE WHICH HAS BEEN MODIFIED BY ANYONE OTHER THAN CINCINNATI BELL, OR DOCUMENTATIONTHAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATIONS, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, HOWEVER CAUSED, ON CAUSED AND UNDER ANY THEORY OF LIABILITYLIABILITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT ESRI EVEN IF CINCINNATI BELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THESE LIMITATIONS NOTWITHSTANDING THIS SECTION, CINCINNATI BELL DOES NOT EXCLUDE OR LIMIT LIABILITY IN RESPECT OF PERSONAL INJURY OR DEATH TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. .2 CINCINNATI BELL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SUPPLEMENT AND THE CLOUD SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL APPLY NOTWITHSTANDING ANY FAILURE NOT EXCEED THE AMOUNT PAID TO CINCINNATI BELL UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.ONE

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts Subject t o any applicable “Country Specific Terms” set out below Table 1 in this Contract for Customer’s Contract Jurisdiction and to provide corrections or workaround solutions for any problem or issue reported the extent permitted by applicable law:: (i) Xxxx Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Services will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract . CUSTOMER ACKNOWLEDGES THAT THE TELEMATIC SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND XXXX DEERE OR BETWEEN XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE TELEMATIC SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED REMEDYIN SCOPE. CUSTOMER WILL ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE TELEMATIC SERVICES HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. CUSTOMER AGREES THAT NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. CUSTOMER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts Subject to provide corrections or workaround solutions any applicable “Country Specific Terms” set out below Table 1 in this Contract for any problem or issue reported Customer’s Contract Jurisdiction and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues extent permitted by applicable law: (i) John Deere’s entire liability and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Services will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE TELEMATIC SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND JOHN DEERE OR BETWEEN JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF JOHN DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE TELEMATIC SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. FOR CUSTOMERS USING SPECIFIC VERSIONS OF SYSTEM HARDWARE, XXXXXXXX XXXXXXXXXXXX (“QUALCOMM”) IS AN UNDERLYING PROVIDER TO JOHN DEERE. ANY SUCH CUSTOMER ACKNOWLEDGES THAT FOR THE PROVISION OF THE JDLINK SERVICE, XXXX DEERE USES A DIGITAL TELEPHONE SERVICE THAT IS FURNISHED TO XXXX DEERE VIA QUALCOMM BY A WIRELESS CARRIER (“QUALCOMM WIRELESS CARRIER”) PURSUANT TO AN AGREEMENT BETWEEN QUALCOMM AND SUCH QUALCOMM WIRELESS CARRIER. WITHOUT PREJUDICE TO THE PREVIOUS PARAGRAPH, IN NO EVENT SHALL QUALCOMM, THE QUALCOMM WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR ANY AFFILIATES OF THE FOREGOING PARTIES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED REMEDYTO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF QUALCOMM, ITS WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR ANY AFFILIATES OF THE FOREGOING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE SHALL BE AVAILABLE FOR USE ONLY WITH TERMINALS OR OTHER EQUIPMENT APPROVED BY QUALCOMM AND ONLY WITHIN THE OPERATING RANGE OF THE WIRELESS CARRIER NETWORK WHICH MAY NOT COVER THE JURISDICTION OF CUSTOMER; AND (II) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE MAY BE TEMPORARILY REFUSED, INTERRUPTED, CURTAILED OR OTHERWISE LIMITED BECAUSE OF WIRELESS CARRIER NETWORK TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. IF XXXX DEERE OR CUSTOMER CREATES SITUATIONS THAT CAUSE HIGHLY CONCENTRATED USAGE IN LIMITED AREAS ON THE WIRELESS CARRIER NETWORK, SUCH CUSTOMER MAY ENCOUNTER TEMPORARY CAPACITY CONSTRAINT-RELATED SYMPTOMS. IN NO EVENT IS QUALCOMM OR THE QUALCOMM WIRELESS CARRIER LIABLE TO CUSTOMER WITH RESPECT TO ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH: (I) ANY SUCH TEMPORARY CAPACITY CONSTRAINT; (II) ANY COVERAGE GAP; OR (III) ANY TEMPORARY QUALCOMM SERVICE REFUSAL, INTERRUPTION, CURTAILMENT OR OTHER LIMITATION BECAUSE OF TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. CUSTOMER ACKNOWLEDGES THAT THE QUALCOMM WIRELESS CARRIER MAY, IN ITS DISCRETION, MAKE MODIFICATIONS, UPDATES OR PERFORM MAINTENANCE ACTIVITIES ON ITS FACILITIES OR OPERATIONS, EQUIPMENT, SOFTWARE, PROCEDURES OR SERVICES WHICH COULD REASONABLY BE EXPECTED TO HAVE A SIGNIFICANT IMPACT ON THE SERVICE OR CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. CUSTOMER WILL ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF, OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE TELEMATIC SERVICES HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. CUSTOMER AGREES THAT NONE OF JOHN DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. CUSTOMER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable law: (i) Nutrien’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Services will be the remedies set forth herein; and (ii) Nutrien will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE AGBRIDGE™ SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY ADVISER AND NUTRIEN. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL NUTRIEN OR ANY OF ITS AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING AGBRIDGE™ THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF AGBRIDGE™ SERVICES OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE AGBRIDGE™ SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT NUTRIEN CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND NUTRIEN WILL NOT BE LIABLE FOR ANY LIMITED REMEDYLACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT AGBRIDGE™ IS A DATA TRANSPORT SOLUTION ONLY, AND THAT THE INTEGRITY, ACCURACY AND USEFULNESS OF THE DATA CONTENT TRANSPORTED BY AGBRIDGE™ IS NOT IN ANY WAY THE RESPONSIBILITY OF NUTRIEN, AND CUSTOMER ACCEPTS ALL RESPONSIBILITY FOR ANY DAMAGES DETERMINED TO BE CAUSED BY CORRUPTED DATA CONTENT TRANSPORTED BY AGBRIDGE™.

LIMITATION OF LIABILITY AND REMEDIES. Esri ENSOFT will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software SOFTWARE or the documentation at no cost to Licensee LICENSEE for the term of this AgreementAGREEMENT. While it is EsriENSOFT's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri ENSOFT cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI ENSOFT DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI ENSOFT DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri ENSOFT fails to fulfill its obligations under this AgreementAGREEMENT, Licensee's LICENSEE’s sole and exclusive remedy is the right to terminate this Agreement AGREEMENT immediately for the affected SoftwareSOFTWARE. IN NO EVENT SHALL ESRI ENSOFT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI ENSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable law: (i) John Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) John Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provision set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE ADDITIONAL FEATURES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND JOHN DEERE OR BETWEEN JOHN DEERE. CUSTOMER UNDERSTANDS AND AGREES THAT, SUBJECT TO SECTION 6.2A, IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING ADDITIONAL FEATURES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR SERVICES; OTHERWISE AT LAW AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING SUBJECT TO SECTION 6 .2 A, TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE ADDITIONAL FEATURES PROVIDED HEREUNDER AND WHETHER FOR BREACH OF CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR OTHERWISE AT LAW, IS LIMITED REMEDYTO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SUBJECT TO SECTION 6.2A, CUSTOMER UNDERSTANDS THAT JOHN DEERE CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND JOHN DEERE WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE ADDITIONAL FEATURES.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts To the extent permitted by applicable law and subject to provide corrections or workaround solutions for any problem or issue reported Section 6.14, Xxxx Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under thi s Contract related to terminate the use of the Services will be the remedies set forth herein. Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT THE TELEMATIC SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND XXXX DEERE OR BETWEEN XXXX DEERE AND ITS UNDERLYING WIRELESS PROVIDERS. TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 6.14, CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE, ITS UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN DELICT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR THE UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE TELEMATIC SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES" Modification in Section 6.2: Section 6.2 is amended as follows for Customers in the Republic of South Africa: "THE TELEMATIC SERVICES AND TELEMATIC SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF XXXX DEERE, XXXX DEERE’S UNDERLYING WIRELESS PROVIDERS, OR ANY OF THEIR AFFILIATES HAS MADE, OR WILL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO XXXX DEERE’S OR THE UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR THE TELEMATIC SERVICES. EACH OF XXXX DEERE, THE UNDERLYING WIRELESS PROVIDERS AND THEIR AFFILIATES EXPRESSLY DISCLAIMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND CUSTOMER EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES ARISING IN LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED REMEDYTO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY WARRANTIES AS TO THE ACCURACY, AVAILABILITY OR CONTENT OF XXXX DEERE’S OR THE UNDERLYING WIRELESS PROVIDER’S SYSTEM, THE TELEMATIC SERVICES OR ANY OTHER SERVICES PROVIDED BY XXXX DEERE, THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES USING ANY UNDERLYING WIRELESS PROVIDER’S SYSTEM; (D) ANY WARRANTY OF NON-INFRINGEMENT; AND (E) ANY WARRANTY UNDER ANY THEORY OF LAW, INCLUDING ANY DELICT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT. INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN THIS CONTRACT WILL BE DEEMED TO BE A WARRANTY BY XXXX DEERE OR XXXX DEERE’S UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES.” Additional in Section 6.14: The following Section 6.14 applies with respect to Customers in the Republic of South Africa: "No provision of this Contract does or purports to limit or exempt Xxxx Deere from any liability, including (without limitation) for any loss directly or indirectly attributable to Xxxx Deere's gross negligence or wilful default or that of any other person acting for or controlled by Xxxx Deere, to the extent that the law does not allow such a limitation or exemption. No provision of this Contract requires you to assume risk or liability, including (without limitation) for any loss directly or indirectly attributable to the gross negligence of Xxxx Deere or any person acting for or controlled by Xxxx Deere, to the extent that the law does not allow such an assumption of risk or liability. It is not intended that any provision of this Contract contravene any provision of the Consumer Protection Act 68 of 2008 (the "Consumer Protection Act") and therefore all provisions of this Contract must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with"

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidentsEXCEPT AS PROVIDED BELOW AND EXCEPT WHEN THERE HAS BEEN A FINDING OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT IN NO EVENT SHALL CBOE DIGITAL, ITS AFFILIATES OR ITS OR THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARTNERS AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PERSON FOR THE ABOVE EXPRESS LIMITED WARRANTYANY LOSSES, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDDAMAGES, EITHER EXPRESS COSTS OR IMPLIED, EXPENSES INCLUDING, BUT NOT LIMITED TOTO LOSS OF PROFITS, LOSS OF USE, DIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM: (A) ANY FAILURE OR MALFUNCTION OF THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDSSERVICES, OR THAT LICENSEE'S OPERATION OF ANY FACILITIES USED TO SUPPORT THE SAME WILL BE UNINTERRUPTED (B) ANY FAULT IN DELIVERY, DELAY, OMISSION, SUSPENSION, INACCURACY OR ERROR FREETERMINATION, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this AgreementANY OTHER CAUSE, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE, USE OF OR INABILITY TO USE ALL OR ANY BUSINESSPART OF THE SERVICES OR OTHER INFORMATION MADE AVAILABLE ON THE SITE, LOSS OF ANY GOODWILLTHE SERVICES, OR ANY FACILITIES USED TO SUPPORT THE SERVICES. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), STRICT LIABILITY OR OTHERWISE. THE SOLE LIABILITY OF CBOE DIGITAL, ITS AFFILIATES AND/OR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARTNERS, AGENTS AND REPRESENTATIVES FOR ANY INDIRECTDIRECT LOSS OR DAMAGE WHETHER IN CONTRACT, SPECIALTORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), INCIDENTAL, STRICT LIABILITY OR CONSEQUENTIAL DAMAGES OTHERWISE ARISING OUT OF OR RELATED IN CONNECTION WITH THE SERVICES OR THE TERMS OF USE SHALL BE LIMITED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON (A) $1,000 FOR ANY THEORY OF LIABILITY, SINGLE CLAIM AND WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY(B) $10,000 FOR ALL CLAIMS.

LIMITATION OF LIABILITY AND REMEDIES. Esri will Customer assumes full responsibility and risk for Customer's use commercially reasonable efforts to provide corrections of the service and of Customer's account. Level365 nor any of its subsidiaries, affiliates, officers, employees, agents, partners or workaround solutions licensors are not liable for any problem costs, expenses, losses, or issue reported damages, either general, special, actual, consequential, or incidental, that Customer may suffer or that some other person may suffer and determined to be in claim against Customer resulting from the Software following: use, misuse, or service outage; customer provided hardware; Customer's actions or activities, whether legal or illegal; the documentation at no cost to Licensee for the term actions or activities of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidentsany other Level365 customer, Esri cannot predict a resolution time and is unable to guarantee that all problems whether legal or issues can be resolved illegal; or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTEDany other goods or services provided by Level365 or any of its vendors. If Esri fails Customer's state laws prevent Customer from taking full responsibility for Customer's use of the service, Level365's liability is limited to fulfill its obligations the greatest extent allowed by law. In any event, Level365's liability to Customer under this Agreement or in relation to any matter in any way connected with this Agreement, Licenseefor any and all types of damages, in no event shall exceed the amount of service fees that Customer has paid to Level365 in the year preceding Customer's sole and exclusive remedy is the right notice of any claim to terminate this Agreement immediately for Level365, or the affected Softwareperiod, whichever is greater. IN NO EVENT NOTWITHSTANDING ANY OTHER PROVISION HEREOF, LEVEL365 SHALL ESRI NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF THE PERFORMANCE OR RELATED FAILURE TO THIS AGREEMENT PERFORM UNDER ANY CUSTOMER ORDER OR USE THESE TERMS AND CONDITIONS INCLUDING BUT NOT LIMITED THOSE ARISING FROM LEVEL365'S FAILURE TO MEET AN INSTALLATION DATE (EXPEDITED OR OTHERWISE) REGARDLESS OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI LEVEL365 HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF THE LIKELIHOOD OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYDAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts Subject to provide corrections or workaround solutions any applicable “Country Specific Terms” set out below Table 1 in this Contract for any problem or issue reported Customer’s Contract Jurisdiction and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues extent permitted by applicable law: (i) John Deere’s entire liability and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE FIELD CONNECT SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND JOHN DEERE OR BETWEEN JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING FIELD CONNECT SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF JOHN DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THE FIELD CONNECT PRODUCTS, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE FIELD CONNECT SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED REMEDYIN SCOPE. CUSTOMER WILL ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF, OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE FIELD CONNECT SERVICES HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. CUSTOMER AGREES THAT NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING FIELD CONNECT SERVICES THROUGH CUSTOMER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. CUSTOMER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidentsYOU EXPRESSLY AGREE THAT THE SERVICES, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTYINCLUDING ANY ASSOCIATED INSTALLATION, ESRI DISCLAIMS ALL OTHER WARRANTIES OF MAINTENANCE, OR REPAIR AND ANY KINDASSOCIATED EQUIPMENT, SOFTWARE, OR CONTENT, IS PROVIDED TO YOU ON AN "AS IS," “AS AVAILABLE” BASIS W ITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCEALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI BBO SPECIFICALLY DOES NOT WARRANT (A) THAT THE SOFTWARE SERVICES INCLUDING SECURITY SERVICES WILL BE (1) UNINTERRUPTED AND CONTINUOUS, (2) ERROR OR DOCUMENTATION VIRUS FREE AND SECURE FROM THIRD PARTY INTRUSIONS, AND (3) COMPATIBLE WITH YOUR EQUIPMENT; (B) THAT YOUR SERVICES WILL MEET LICENSEE'S NEEDSBE AVAILABLE FOR THE TERM OF YOUR SERVICE AGREEMENT, OR WILL CONTINUE TO BE AVAILABLE; AND (C) THAT LICENSEE'S OPERATION BBO WILL CONTINUE TO HAVE ALL NECESSARY ACCESS RIGHTS TO YOUR BUILDING. WITHOUT LIMITING THE GENERALITY OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREEFOREGOING, BBO ALSO DOES NOT WARRANT ANY SERVICE, EQUIPMENT, OR THAT ALL NONCONFORMITIES CAN SOFTWARE PROVIDED BY A THIRD PARTY FOR W HICH BBO IS A RESELLER OR WILL BE CORRECTEDSALES AGENT. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT BBO SHALL ESRI BE LIABLE TO LICENSEE NOT HAVE ANY LIABILITY FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR CONSEQUENTIAL SPECIAL DAMAGES ARISING OUT SUFFERED BY YOU OR ANY OTHER PARTY, REGARDLESS OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS YOU OR SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THESE BBO’ LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SERVICE FEES PAID TO BBO IN THE PRIOR THREE (3) MONTHS OF THE AGREEMENT. THE DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY AND REMEDIES SET FORTH IN THIS SECTION ALSO APPLY TO BBO’ SUPPLIERS AND SUBCONTRACTORS. THE REMEDIES SET FORTH IN THIS SECTION ARE THE MAXIMUM FOR WHICH BBO AND ITS SUPPLIERS AND SUBCONTRACTORS ARE COLLECTIVELY RESPONSIBLE. UNDER NO CIRCUMSTANCES SHALL APPLY NOTWITHSTANDING BBO OR ITS SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF BBO OR ITS SUPPLIERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THEIR POSSIBILITY. CUSTOMER COVENANTS NOT TO XXX OR OTHERWISE MAKE A CLAIM AGAINST BBO’ SUPPLIERS OR SUBCONTRACTORS FOR ANY FAILURE ALLEGED OR ACTUAL FAILURE, DELAY, OR NONPERFORMANCE OF ESSENTIAL PURPOSE THE SERVICE. SPECIFICALLY, WITHOUT LIMITATION, YOU ACKNOWLEDGE AND AGREE THAT THE “LOCAL LOOP” MAY BE PROVIDED BY AN INDEPENDENT THIRD PARTY PROVIDER, IN WHICH CASE ITS SERVICE IS INDEPENDENT OF THE SERVICE PROVIDED BY BBO. CUSTOMER AGREES THAT BBO’ SUPPLIERS AND SUBCONTRACTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THE PROVISIONS CONTAINED IN THIS PARAGRAPH AND SHALL BE ENTITLED TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH IN ANY ACTION BROUGHT AGAINST THEM. YOU ALSO AGREE THAT ELECTRONICALLY STORED DATA IS HIGHLY SENSITIVE AND SUBJECT TO UNFORESEEN LOSS DUE TO A VARIETY OF CAUSES; THAT THE PROPER OPERATION OF ANY LIMITED REMEDYCOMPUTER SYSTEM INCLUDES THE MAKING OF REGULAR BACKUPS; AND THAT BBO SHALL NOT BE LIABLE FOR ANY LOSS OF DATA IN CONNECTION WITH THE SERVICES, INCLUDING ANY RELATED INSTALLATION OR REPAIR ACTIV ITY. BBO ASSUMES NO LIABILITY WHERE ANY CLAIM ARISES OUT OF CUSTOMER BEING PROVIDED WITH A NUMBER(S) OTHER THAN THE ONE(S) REQUESTED BY CUSTOMER. BBO SHALL NOT BE LIABLE WHATSOEVER FOR THE USE, MISUSE OR ABUSE OF A CUSTOMER'S TOLL- FREE, LONG DISTANCE AND/OR INTERNATIONAL SERVICE BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S EMPLOYEES OR MEMBERS OF THE PUBLIC WHO DIAL CUSTOMERS' TOLL FREE LONG DISTANCE NUMBER BY MISTAKE, AS WELL AS IN CASES WHERE THE CUSTOMER-OWNED PBX IS PIRATED OR HIJACKED BY THIRD PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE, NONPERFORMANCE, OR UNAVAILABILITY OF THE SERVICE SHALL BE FOR BBO TO USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR OR RESTORE THE SERVICE, OR FOR YOU TO TERMINATE THIS AGREEMENT ACCORDING TO ITS TERMS. Special Disclaimer on Behalf of Building Owners and Managers. YOU ACKNOWLEDGE AND ACCEPT THAT THE FACILITIES AND SERVICES ARE NOT BEING PROVIDED OR MAINTAINED BY THE BUILDING OWNER OR MANAGER; THAT THE OWNER OR MANAGER HAS NO RESPONSIBILITY OR LIABILITY FOR THE INSTALLATION, OPERATION, MAINTENANCE, USE, REPAIR OR REPLACEMENT OF THE FACILITIES, OR THE PROVISION, QUALITY OR SUFFICIENCY OF THE SERVICES; AND THAT BY SUBSCRIBING TO AND ACCEPTING SUCH SERVICE, YOU RELEASE THE OWNER AND MANAGER FROM ANY SUCH LIABILITY. THIS PROVISION IS EXPRESSLY INTENDED FOR THE BENEFIT OF OWNER AND MANAGER. Voice over IP Disclaimer: BBO’s enhanced voice communications services is delivered in a manner whereby the voice communication is converted to Internet Protocol (“IP”) and carried, in part, over Broadband Office’s managed IP network. This service may be generically referred to as “voice over IP”. It is separate and distinct from the traditional Local, Local Toll and Long-Distance services. "Service" or "Services" is defined to include Voice over IP unlimited local and nationwide direct dialed calling within the United States and certain calling and call management features or advanced features associated with the Service. For any VoIP Service traffic that is not transmitted 100% over BBO's managed IP network, and passes through any third party network, BBO shall not be responsible for the Quality of the Service (QOS) of the voice calls and/or any outages that result due to the inability to reach Broadband Office's managed IP network through the third party carrier. In addition, 911 DIALING WILL NOT FUNCTION CORRECTLY IF YOU MOVE YOUR EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED ON THE SERVICE CONTRACT ASSOCIATED WITH THE MAIN TELEPHONE NUMBER. YOU ACKNOWLEDGE AND UNDERSTAND THAT BBO WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING YOUR SERVICE OR TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS DOCUMENT. YOU ACKNOWLEDGE AND UNDERSTAND THAT BBO WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO TERMINATE CALLS USING YOUR SERVICE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BBO ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. Disaster Recovery:/Redundancy Options Review. BBO advises the customer to use 2 separate access type for redundancy and business continuity. The customer acknowledges that they may be prone to extended outages in the event if the customer has not implemented redundancy, and the customer has not acquired a backup access connection. Accuracy of Information. Customer warrants that all information (including Telephone Numbers, LAN and LNP information) in or attached to this services agreement is accurate and will remain active until Service activation by BBO. Customer understands that the telephone number assignments are not guaranteed, and should not be relied on before Service is activated.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts Subject t o any applicable “Country Specific Terms” set out below Table 1 in this Contract for Customer’s Contract Jurisdiction and to provide corrections or workaround solutions for any problem or issue reported the extent permitted by applicable law:: (i) John Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Additional Features will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract . CUSTOMER ACKNOWLEDGES THAT THE ADDITIONAL FEATURES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND JOHN DEERE. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING ADDITIONAL FEATURES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE ADDITIONAL FEATURES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT JOHN DEERE CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND JOHN DEERE WILL NOT BE LIABLE FOR ANY LIMITED REMEDYLACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE ADDITIONAL FEATURES.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidentsTHE TOTAL LIABILITY OF SUMMIT AND THE MANUFACTURERS OF THE GOODS WITH RESPECT TO THIS AGREEMENT AND THE GOODS FURNISHED HEREUNDER, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR AND IN CONNECTION WITH THE ABOVE EXPRESS LIMITED PERFORMANCE OR BREACH THEREOF, AND FROM THE MANUFACTURE, SALE, DELIVERY, INSTALLATION, REPAIR, REPLACEMENT OR TECHNICAL DIRECTION OR SERVICES COVERED BY OR FURNISHED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. IN ADDITION, AND NOT IN LIMITATION OF ANY KINDOTHER TERM OF THESE TERMS AND CONDITIONS, EITHER EXPRESS SUMMIT SHALL NOT BE LIABLE TO BUYER OR IMPLIEDANY OTHER PERSON FOR ANY CONTINGENT, INCLUDINGSPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TOTO LOSS OF GOODWILL, PROFITS, REVENUE OR SALES, FOR THE IMPLIED WARRANTIES LOSS OF MERCHANTABILITYTHE USE OF PROCESS, FITNESS FOR A PARTICULAR PURPOSEFACILITIES, NONINTERFERENCEEQUIPMENT, SYSTEM INTEGRATIONPLANT, OR PRODUCT OF BUYER OR THE END USER REGARDLESS OF CAUSE, INCLUDING WITHOUT LIMITATION, THAT ARISING OUT OF, WHETHER PARTIALLY OR OTHERWISE, DEFECTS, BREACH OF WARRANTY OR CONTRACT OR NEGLIGENCE, BY OPERATION OF LAW OR OTHERWISE. THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS LIEU OF ANY GOODWILLOTHER RIGHTS OR REMEDIES AVAILABLE TO BUYER AT LAW, IN EQUITY OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYOTHERWISE.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this AgreementUNDER NO CIRCUMSTANCES SHALL DOMAIN COMPUTER SERVICES, INC. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidentsBE LIABLE FOR SPECIAL, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTYINCIDENTAL, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDCONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANTICIPATED PROFITS OR LOSS RESULTING FROM BUSINESS DISRUPTION DUE TO ANY GOODWILLREASON, OR FOR ANY INDIRECTEVEN IF DOMAIN COMPUTER SERVICES, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING YOU AGREE THAT THE AGGREGATE LIABILITY OF DOMAIN, ITS SUPPLIERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY FAILURE AND ALL CLAIMS IN CONNECTION WITH THE BDR SYSTEM OR BDR MANAGEMENT SERVICES IS LIMITED TO THE AMOUNT PAID FOR THAT SERVICE DURING THE SIX(6) MONTH PERIOD BEFORE THE RELEVANT CLAIM OR FIVE-HUNDRED US DOLLARS ($500), WHICHEVER IS LOWER. IF YOUR ACCOUNT IS PAST DUE OR IN ANY WAY IN VIOLATION OF ESSENTIAL PURPOSE OUR POLICIES OR RECOMMENDATIONS YOU AGREE THAT THERE IS NO LIABILITY OF DOMAIN TO YOU. YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DOMAIN THE STATED WARRANTIES AND THE COMMITMENTS SET FORTH HEREIN ARE IN LIEU OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF DOMAIN COMPUTER SERVICES, INC. FOR DAMAGES OR OTHER RELIEF, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT IN ANY WAY ARISE OUT OF OR IN CONNECTION WITH THE USE AND/OR THE PERFORMANCE OF ANY LIMITED REMEDYSOFTWARE, HARDWARE OR SERVICE.

LIMITATION OF LIABILITY AND REMEDIES. Esri During the term of the Annual Support and Upgrades Agreement, NextGen will use commercially reasonable efforts to provide corrections You with Technical Support to address any material issue or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this AgreementSoftware. While it is EsriNextGen's goal to provide an acceptable resolution for incoming answers or solutions which address such issues or problems/issues and incidents, Esri cannot predict a resolution time and NextGen is unable to guarantee that all problems every issue or issues problem can or will be resolved or addressedresolved. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI NEXTGEN DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOLIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI WILL NEXTGEN BE LIABLE TO LICENSEE YOU FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ANY, INDIRECT OR SERVICES; OTHER DAMAGES, INCLUDING ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECTOTHER INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT TECHNICAL SUPPORT, OR USE A LOSS OF THE SOFTWARE DATA OR DOCUMENTATIONPROFITS, HOWEVER CAUSEDWHETHER IN AN ACTION OF CONTRACT, ON NEGLIENCE OR OTHER TORTIOUS ACTION, EVEN IF NEXTGEN OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS AUTHORIZED NEXTGEN BUSINESS PARTNER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THESE LIMITATIONS NOR SHALL APPLY NOTWITHSTANDING NEXTGEN BE LIABLE FOR ANY FAILURE SIMILAR CLAIM AGAINST YOU BY ANY OTHER PARTY. NEXTGEN'S OBLIGATIONS UNDER THE ANNUAL SUPPORT AND UPGRADES AGREEMENT, UNDER ANY THEORY OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYLIABILITY OR CONTRIBUTION, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE ANNUAL SUPPORT AND UPGRADE AGREEMENT TERM.

LIMITATION OF LIABILITY AND REMEDIES. Esri Axiom Innovations will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's Axiom Innovations goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri Axiom Innovations cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI AXIOM INNOVATIONS DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI AXIOM INNOVATIONS DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri Axiom Innovations fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI AXIOM INNOVATIONS BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI AXIOM INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts To the extent permitted by applicable law and subject to provide corrections or workaround solutions for any problem or issue reported Section 6.14, John Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under thi s Contract related to terminate the use of the Services will be the remedies set forth herein. Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT THE TELEMATIC SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND JOHN DEERE OR BETWEEN JOHN DEERE AND ITS UNDERLYING WIRELESS PROVIDERS. TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 6.14, CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE, ITS UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN DELICT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF JOHN DEERE’S OR THE UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE TELEMATIC SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES" Modification in Section 6.2: Section 6.2 is amended as follows for Customers in the Republic of South Africa: "THE TELEMATIC SERVICES AND TELEMATIC SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF JOHN DEERE, JOHN DEERE’S UNDERLYING WIRELESS PROVIDERS, OR ANY OF THEIR AFFILIATES HAS MADE, OR WILL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO JOHN DEERE’S OR THE UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR THE TELEMATIC SERVICES. EACH OF JOHN DEERE, THE UNDERLYING WIRELESS PROVIDERS AND THEIR AFFILIATES EXPRESSLY DISCLAIMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND CUSTOMER EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES ARISING IN LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED REMEDYTO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY WARRANTIES AS TO THE ACCURACY, AVAILABILITY OR CONTENT OF XXXX DEERE’S OR THE UNDERLYING WIRELESS PROVIDER’S SYSTEM, THE TELEMATIC SERVICES OR ANY OTHER SERVICES PROVIDED BY JOHN DEERE, THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES USING ANY UNDERLYING WIRELESS PROVIDER’S SYSTEM; (D) ANY WARRANTY OF NON-INFRINGEMENT; AND (E) ANY WARRANTY UNDER ANY THEORY OF LAW, INCLUDING ANY DELICT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT. INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN THIS CONTRACT WILL BE DEEMED TO BE A WARRANTY BY JOHN DEERE OR JOHN DEERE’S UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES.” Additional in Section 6.14: The following Section 6.14 applies with respect to Customers in the Republic of South Africa: "No provision of this Contract does or purports to limit or exempt Xxxx Deere from any liability, including (without limitation) for any loss directly or indirectly attributable to John Deere's xxxxx negligence or wilful default or that of any other person acting for or controlled by John Deere, to the extent that the law does not allow such a limitation or exemption. No provision of this Contract requires you to assume risk or liability, including (without limitation) for any loss directly or indirectly attributable to the gross negligence of John Deere or any person acting for or controlled by John Deere, to the extent that the law does not allow such an assumption of risk or liability. It is not intended that any provision of this Contract contravene any provision of the Consumer Protection Act 68 of 2008 (the "Consumer Protection Act") and therefore all provisions of this Contract must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with"

LIMITATION OF LIABILITY AND REMEDIES. Esri DS2 will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is EsriDS2's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri DS2 cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DS2 DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DS2 DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri DS2 fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI DS2 BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI DS2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR TO THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: (I) FVC’S ENTIRE LIABILITY AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT YOUR EXCLUSIVE REMEDY IN CONNECTION WITH THE SOFTWARE OR AND THE DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR SHALL BE THAT LICENSEE'S OPERATION YOU ARE ENTITLED TO RETURN THE DEFECTIVE MEDIA CONTAINING THE SOFTWARE TOGETHER WITH THE DOCUMENTATION TO THE MERCHANT. AT THE OPTION OF THE SAME WILL BE UNINTERRUPTED MERCHANT, YOU MAY RECEIVE REPLACEMENT MEDIA CONTAINING THE SOFTWARE AND DOCUMENTATION THAT CONFORMS WITH THE LIMITED WARRANTY OR ERROR FREEA REFUND OF THE AMOUNT PAID BY YOU; AND, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. (II) IN NO EVENT SHALL ESRI WILL FVC BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO LICENSEE FOR COSTS USE THE SOFTWARE INCLUDING, BY WAY OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; ILLUSTRATION AND NOT LIMITATION, LOST PROFITS; , LOST SALES BUSINESS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILLLOST OPPORTUNITY, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH USE OR RELATED INABILITY TO THIS AGREEMENT USE THE SOFTWARE, EVEN FVC OR USE OF THE SOFTWARE AN AUTHORIZED FVC DEALER, DISTRIBUTOR OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY; AND, (III) FVC’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT, UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE AND DOCUMENTATION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYSome jurisdictions do not allow the exclusion or limitations of incidental or consequential damages so the above limitation or exclusion may not apply to you.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts Subject to provide corrections or workaround solutions any applicable “Country Specific Terms” set out below Table 1 in this Contract for any problem or issue reported Customer’s Contract Jurisdiction and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues extent permitted by applicable law: (i) Xxxx Deere’s entire liability and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE FIELD CONNECT SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND XXXX DEERE OR BETWEEN XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING FIELD CONNECT SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THE FIELD CONNECT PRODUCTS, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE FIELD CONNECT SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED REMEDYIN SCOPE. CUSTOMER WILL ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE FIELD CONNECT SERVICES HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. CUSTOMER AGREES THAT NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING FIELD CONNECT SERVICES THROUGH CUSTOMER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. CUSTOMER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri DS2 LLC will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is EsriDS2 LLC's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri DS2 LLC cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DS2 LLC DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DS2 LLC DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri DS2 LLC fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI DS2 LLC BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI DS2 LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable law: (i) Xxxx Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provision set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE TELEMATIC SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND XXXX DEERE OR BETWEEN XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT, SUBJECT TO SECTION 6.2A, IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR SERVICES; OTHERWISE AT LAW AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING SUBJECT TO SECTION 6 .2 A, TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE TELEMATIC SERVICES PROVIDED HEREUNDER AND WHETHER FOR BREACH OF CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR OTHERWISE AT LAW, IS LIMITED REMEDY.TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SUBJECT TO SECTION 6.2A, CUSTOMER UNDERSTANDS THAT XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. S UBJECT TO SECTION 6.2A, CUSTOMER WILL ASSUME ANY WIRELESS COVERAGE RISKS. SUBJECT TO SECTION

LIMITATION OF LIABILITY AND REMEDIES. Esri DIGITAL ACOUSTICS will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software SOFTWARE or the documentation at no cost to Licensee LICENSEE for the term of this AgreementAGREEMENT. While it is Esri's DIGITAL ACOUSTICS' goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri DIGITAL ACOUSTICS cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DIGITAL ACOUSTICS DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DIGITAL ACOUSTICS DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri DIGITAL ACOUSTICS fails to fulfill its obligations under this AgreementAGREEMENT, Licensee's LICENSEE’s sole and exclusive remedy is the right to terminate this Agreement AGREEMENT immediately for the affected SoftwareSOFTWARE. IN NO EVENT SHALL ESRI DIGITAL ACOUSTICS BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI DIGITAL ACOUSTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts Subject to provide corrections or workaround solutions any applicable “Country Specific Terms” set out below Table 1 in this Contract for any problem or issue reported Customer’s Contract Jurisdiction and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues extent permitted by applicable law: (i) Xxxx Deere’s entire liability and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Services will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE TELEMATIC SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND XXXX DEERE OR BETWEEN XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE TELEMATIC SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. FOR CUSTOMERS USING SPECIFIC VERSIONS OF SYSTEM HARDWARE, XXXXXXXX XXXXXXXXXXXX (“QUALCOMM”) IS AN UNDERLYING PROVIDER TO XXXX DEERE. ANY SUCH CUSTOMER ACKNOWLEDGES THAT FOR THE PROVISION OF THE JDLINK SERVICE, XXXX DEERE USES A DIGITAL TELEPHONE SERVICE THAT IS FURNISHED TO XXXX DEERE VIA QUALCOMM BY A WIRELESS CARRIER (“QUALCOMM WIRELESS CARRIER”) PURSUANT TO AN AGREEMENT BETWEEN QUALCOMM AND SUCH QUALCOMM WIRELESS CARRIER. WITHOUT PREJUDICE TO THE PREVIOUS PARAGRAPH, IN NO EVENT SHALL QUALCOMM, THE QUALCOMM WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR ANY AFFILIATES OF THE FOREGOING PARTIES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED REMEDYTO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF QUALCOMM, ITS WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR ANY AFFILIATES OF THE FOREGOING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE SHALL BE AVAILABLE FOR USE ONLY WITH TERMINALS OR OTHER EQUIPMENT APPROVED BY QUALCOMM AND ONLY WITHIN THE OPERATING RANGE OF THE WIRELESS CARRIER NETWORK WHICH MAY NOT COVER THE JURISDICTION OF CUSTOMER; AND (II) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE MAY BE TEMPORARILY REFUSED, INTERRUPTED, CURTAILED OR OTHERWISE LIMITED BECAUSE OF WIRELESS CARRIER NETWORK TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. IF XXXX DEERE OR CUSTOMER CREATES SITUATIONS THAT CAUSE HIGHLY CONCENTRATED USAGE IN LIMITED AREAS ON THE WIRELESS CARRIER NETWORK, SUCH CUSTOMER MAY ENCOUNTER TEMPORARY CAPACITY CONSTRAINT-RELATED SYMPTOMS. IN NO EVENT IS QUALCOMM OR THE QUALCOMM WIRELESS CARRIER LIABLE TO CUSTOMER WITH RESPECT TO ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH: (I) ANY SUCH TEMPORARY CAPACITY CONSTRAINT; (II) ANY COVERAGE GAP; OR (III) ANY TEMPORARY QUALCOMM SERVICE REFUSAL, INTERRUPTION, CURTAILMENT OR OTHER LIMITATION BECAUSE OF TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. CUSTOMER ACKNOWLEDGES THAT THE QUALCOMM WIRELESS CARRIER MAY, IN ITS DISCRETION, MAKE MODIFICATIONS, UPDATES OR PERFORM MAINTENANCE ACTIVITIES ON ITS FACILITIES OR OPERATIONS, EQUIPMENT, SOFTWARE, PROCEDURES OR SERVICES WHICH COULD REASONABLY BE EXPECTED TO HAVE A SIGNIFICANT IMPACT ON THE SERVICE OR CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. CUSTOMER WILL ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF, OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE TELEMATIC SERVICES HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. CUSTOMER AGREES THAT NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING TELEMATIC SERVICES THROUGH CUSTOMER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. CUSTOMER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts Subject to provide corrections or workaround solutions any applicable “Country Specific Terms” set out below Table 1 in this Contract for any problem or issue reported Customer’s Contract Jurisdiction and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues extent permitted by applicable law: (i) Xxxx Deere’s entire liability and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE FIELD CONNECT SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND XXXX DEERE OR BETWEEN XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING FIELD CONNECT SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES; OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THE FIELD CONNECT PRODUCTS, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE FIELD CONNECT SERVICES PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED REMEDYIN SCOPE. CUSTOMER WILL ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF, OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE FIELD CONNECT SERVICES HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. CUSTOMER AGREES THAT NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING FIELD CONNECT SERVICES THROUGH CUSTOMER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. CUSTOMER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable xxx, Xxxx Xxxxx’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service shall be the remedies set forth herein. Xxxx Deere shall not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. IN NO EVENT SHALL ESRI JOHN DEERE, THE DEALERS, JOHN DEERE’S WIRELESS SERVICE CARRIERS, THE SATELLITE PROVIDER, JOHN DEERE’S LICEN SORS, OR JOHN DEERE’S AFFILIATES BE LIABLE TO LICENSEE FOR COSTS CUSTOMER, ANY EMPLOYEE OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILLCUSTOMER, OR ANY THIRD PARTY AUTHORIZED BY CUSTOMER TO USE THE SYSTEM FOR ANY INJURY, LOSS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAV INGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO THIS AGREEMENT OR USE FAILURE OF THE SOFTWARE SYSTEMS OR DOCUMENTATIONANY PART THEREOF PROVIDED UNDER THIS CONTRACT, HOWEVER CAUSEDEVEN IF JOHN DEERE, ON ANY THEORY OF LIABILITYTHE DEALERS, AND WHETHER JOHN DEERE’S WIRELESS SERVICE CARRIERS, THE SATELLITE PROVIDER, JOHN DEERE’S LICENSORS, OR NOT ESRI HAS XXXX DEERE’S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES CUSTOMER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND C USTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN JOHN DEERE AND THE UNDERLYING CARRIER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING CUSTOMER UNDERSTANDS AND AGREE S THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER. IN ANY EVENT, REGARD LESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, CONTRACTUAL OR EXTRACONTRACTUAL LIABILITY, OR OTHERWISE, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. FOR CUSTOMERS USING SPECIFIC VERSIONS OF SYSTEM HARDWARE, XXXXXXXX XXXXXXXXXXXX (“QUALCOMM”) IS AN UNDERLYING PROVIDER TO JOHN DEERE. ANY SUCH CUSTOMER ACKNOWLEDGES THAT FOR THE PROVISION OF THE JDLINK SERVICE, XXXX DEERE USES A DIGITAL TELEPHONE SERVICE THAT IS FURNISHED TO XXXX DEERE VIA QUALCOMM BY A WIRELESS CARRIER (“QUALCOMM WIRELESS CARRIER”) PURSUANT TO AN AGREEMENT BETWEEN QUALCOMM AND SUCH QUALCOMM WIRELESS CARRIER. IN NO EVENT SHALL QUALCOMM, THE QUALCOMM WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR ANY AFFILIATES OF THE FOREGOING PARTIES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED REMEDYTO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF QUALCOMM, ITS WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR XXXX DEERE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE SHALL BE AVAILABLE FOR USE ONLY WITH TERMINALS OR OTHER EQUIPMENT APPROVED BY QUALCOMM AND ONLY WITHIN THE OPERATING RANGE OF THE WIRELESS CARRIER NETWORK WHICH MAY NOT COVER THE JURISDICTION OF CUSTOMER; AND (II) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE MAY BE TEMPORARILY REFUSED, INTERRUPTED, CURTAILED OR OTHERWISE LIMITED BECAUSE OF WIRELESS CARRIER NETWORK TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. IF XXXX DEERE OR CUSTOMER CREATES SITUATIONS THAT CAUSE HIGHLY CONCENTRATED USAGE IN LIMITED AREAS ON THE WIRELESS CARRIER NETWORK, SUCH CUSTOMER MAY ENCOUNTER TEMPORARY CAPACITY CONSTRAINT-RELATED SYMPTOMS. IN NO EVENT IS QUALCOMM OR THE QUALCOMM WIRELESS CARRIER LIABLE TO CUSTOMER WITH RESPECT TO ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH: (I) ANY SUCH TEMPORARY CAPACITY CONSTRAINT; (II) ANY COVERAGE GAP; OR (III) ANY TEMPORARY QUALCOMM SERVICE REFUSAL, INTERRUPTION, CURTAILMENT OR OTHER LIMITATION BECAUSE OF TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. CUSTOMER ACKNOWLEDGES THAT THE QUALCOMM WIRELESS CARRIER MAY, IN ITS DISCRETION, MAKE MODIFICATIONS, UPDATES OR PERFORM MAINTENANCE ACTIVITIES ON ITS FACILITIES OR OPERATIONS, EQUIPMENT, SOFTWARE, PROCEDURES OR SERVICES WHICH COULD REASONABLY BE EXPECTED TO HAVE A SIGNIFICANT IMPACT ON THE SERVICE OR CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICE MAY NOT BE AVAILABLE IN ALL AREAS SHOWN ON THE MAP DUE TO A VARIETY OF FACTORS INCLUDING PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT THE MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. CUSTOMER SHALL ASSUME ANY WIRELESS COVERAGE RISKS. NEITHER XXXX DEERE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS SHALL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable law: (i) John Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeDealer's sole and exclusive remedy is remedies for any damages arising from the right perf ormance or nonperf ormance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) John Deere will not be liable for any loss or damage arising from Dealer’s failure to comply with the provision set forth in this Agreement immediately for the affected SoftwareContract. DEALER ACKNOWLEDGES THAT THE SERVICE ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND DEALER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. DEALER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS. DEALER UNDERSTANDS AND AGREES THAT, SUBJECT TO SECTION 6.2A, IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE DEALER, ANY EMPLOYEE OF DEALER, OR ANY THIRD PARTY USING SERVICE THROUGH DEALER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR SERVICES; OTHERWISE AT LAW AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND DEALER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING SUBJECT TO SECTION 6.2 A, TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, DEALER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE SERVICE PROVIDED HEREUNDER AND WHETHER FOR BREACH OF CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR OTHERWISE AT LAW, IS LIMITED REMEDYTO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SUBJECT TO SECTION 6.2A, DEALER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND JOHN DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. DEALER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. DEALER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. S UBJECT TO SECTION 6.2A, DEALER WILL ASSUME ANY WIRELESS COVERAGE RISKS. SUBJECT TO SECTION 6.2A, NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO DEALER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF, OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO SECTION 6.2A,DEALER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE SERVICE HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. SUBJECT TO SECTION 6.2A AND JOHN DEERE'S COMPLIANCE WITH APPLICABLE PRIVACY LAWS, DEALER AGREES THAT NONE OF JOHN DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO DEALER, ANY EMPLOYEE OF DEALER, OR ANY THIRD PARTY USING SERVICE THROUGH DEALER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. DEALER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable law: (i) Xxxx Deere’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service will be the remedies set forth herein; and (ii) Xxxx Deere will not be liable for any loss or damage arising from Customer’s failure to comply with the provision set forth in this Agreement immediately for the affected SoftwareContract. CUSTOMER ACKNOWLEDGES THAT THE FIELD CONNECT SERVICES ARE SUPPLIED ON A GOOD FAITH EFFORTS BASIS AND THAT SERVICE FAILURES AND INTERRUPTIONS MAY OCCUR AND ARE DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, AND CUSTOMER UNDERSTANDS THAT IT WILL BEAR ALL RESPONSIBILITY, RISK AND COST ASSOCIATED WITH DEVELOPING AND MAINTAINING ITS BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ANY DEALER AND XXXX DEERE OR BETWEEN XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT, SUBJECT TO SECTION 6.2A, IN NO EVENT SHALL ESRI BE LIABLE WILL XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO LICENSEE CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING FIELD CONNECT SERVICES THROUGH CUSTOMER IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR COSTS BREACH OF PROCUREMENT OF SUBSTITUTE GOODS CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR SERVICES; OTHERWISE AT LAW AND INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; , LOST SALES SAVINGS OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO FAILURE OF XXXX DEERE’S OR ANY UNDERLYING WIRELESS PROVIDERS’ SYSTEMS OR ANY PART THEREOF PROVIDED UNDER THIS AGREEMENT OR USE CONTRACT, EVEN IF ANY OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING SUBJECT TO SECTION 6 .2 A, TO THE EXTENT NOT EXCLUDED BY THE FOREGOING, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE FIELD CONNECT SERVICES PROVIDED HEREUNDER AND WHETHER FOR BREACH OF CONTRACT (INCLUDING FOR LIABILITY UNDER ANY INDEMNITY), STATUTORY ACTION, WARRANTY, EQUITY, NEGLIGENCE, IN TORT OR OTHERWISE AT LAW, IS LIMITED REMEDYTO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SUBJECT TO SECTION 6.2A, CUSTOMER UNDERSTANDS THAT XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS CANNOT GUARANTEE THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND XXXX DEERE AND THE UNDERLYING WIRELESS PROVIDERS WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE OR APPROXIMATE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICES MAY NOT BE AVAILABLE IN ALL AREAS DUE TO A VARIETY OF FACTORS INCLUDING: PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), NETWORK MAINTENANCE OR UPGRADES, AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT ANY MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. S UBJECT TO SECTION 6.2A, CUSTOMER WILL ASSUME ANY WIRELESS COVERAGE RISKS. SUBJECT TO SECTION 6.2A, NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR ANY UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF, OR ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO SECTION 6.2A,CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS PROVIDERS’ NETWORKS USED TO ENABLE THE FIELD CONNECT SERVICES HAVE MANY COMPLEX ELEMENTS AND ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. SUBJECT TO SECTION 6.2A AND XXXX DEERE'S COMPLIANCE WITH APPLICABLE PRIVACY LAWS, CUSTOMER AGREES THAT NONE OF XXXX DEERE OR ANY OF ITS AFFILIATES, OR THE UNDERLYING WIRELESS PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CUSTOMER, ANY EMPLOYEE OF CUSTOMER, OR ANY THIRD PARTY USING FIELD CONNECT SERVICES THROUGH CUSTOMER FOR ANY LACK OF PERSONAL PRIVACY OR SECURITY. CUSTOMER HAS NO PROPERTY RIGHT IN ANY CODE OR NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH CODE OR NUMBER CAN BE CHANGED FROM TIME TO TIME.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable xxx, Xxxx Xxxxx’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service shall be the remedies set forth herein. Xxxx Deere shall not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. IN NO EVENT SHALL ESRI XXXX DEERE, THE DEALERS, JOHN DEERE’S WIRELESS SERVICE CARRIERS, THE SATELLITE PROVIDER, JOHN DEERE’S LICENSORS, OR JOHN DEERE’S AFFILIATES BE LIABLE TO LICENSEE FOR COSTS CUSTOMER, ANY EMPLOYEE OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILLCUSTOMER, OR ANY THIRD PARTY AUTHORIZED BY CUSTOMER TO USE THE SYSTEM FOR ANY INJURY, LOSS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO THIS AGREEMENT OR USE FAILURE OF THE SOFTWARE SYSTEMS OR DOCUMENTATIONANY PART THEREOF PROVIDED UNDER THIS CONTRACT, HOWEVER CAUSEDEVEN IF JOHN DEERE, ON ANY THEORY OF LIABILITYTHE DEALERS, AND WHETHER JOHN DEERE’S WIRELESS SERVICE CARRIERS, THE SATELLITE PROVIDER, JOHN DEERE’S LICENSORS, OR NOT ESRI HAS XXXX DEERE’S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES CUSTOMER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN JOHN DEERE AND THE UNDERLYING CARRIER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING CUSTOMER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, CONTRACTUAL OR EXTRACONTRACTUAL LIABILITY, OR OTHERWISE, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. FOR CUSTOMERS USING SPECIFIC VERSIONS OF SYSTEM HARDWARE, XXXXXXXX XXXXXXXXXXXX (“QUALCOMM”) IS AN UNDERLYING PROVIDER TO JOHN DEERE. ANY SUCH CUSTOMER ACKNOW LEDGES THAT FOR THE PROVISION OF THE JDLINK SERVICE, JOHN DEERE USES A DIGITAL TELEPHONE SERVICE THAT IS FURNISHED TO XXXX DEERE VIA QUALCOMM BY A WIRELESS CARRIER (“QUALCOMM WIRELESS CARRIER”) PURSUANT TO AN AGREEMENT BETW EEN QUALCOMM AND SUCH QUALCOMM WIRELESS CARRIER. IN NO EVENT SHALL QUALCOMM, THE QUALCOMM WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR ANY AFFILIATES OF THE FOREGOING PARTIES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED REMEDYTO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF QUALCOMM, ITS WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR XXXX DEERE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE SHALL BE AVAILABLE FOR USE ONLY WITH TERMINALS OR OTHER EQUIPMENT APPROVED BY QUALCOMM AND ONLY WITHIN THE OPERATING RANGE OF THE WIRELESS CARRIER NETWORK WHICH MAY NOT COVER THE JURISDICTION OF CUSTOMER; AND (II) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE MAY BE TEMPORARILY REFUSED, INTERRUPTED, CURTAILED OR OTHERW ISE LIMITED BECAUSE OF WIRELESS CARRIER NETWORK TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. IF XXXX DEERE OR CUSTOMER CREATES SITUATIONS THAT CAUSE HIGHLY CONCENTRATED USAGE IN LIMITED AREAS ON THE WIRELESS CARRIER NETW ORK, SUCH CUSTOMER MAY ENCOUNTER TEMPORARY CAPACITY CONSTRAINT-RELATED SYMPTOMS. IN NO EVENT IS QUALCOMM OR THE QUALCOMM WIRELESS CARRIER LIABLE TO CUSTOMER WITH RESPECT TO ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH: (I) ANY SUCH TEMPORARY CAPACITY CONSTRAINT; (II) ANY COVERAGE GAP; OR (III) ANY TEMPORARY QUALCOMM SERVICE REFUSAL, INTERRUPTION, CURTAILMENT OR OTHER LIMITATION BECAUSE OF TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. CUSTOMER ACKNOWLEDGES THAT THE QUALCOMM WIRELESS CARRIER MAY, IN ITS DISCRETION, MAKE MODIFICATIONS, UPDATES OR PERFORM MAINTENANCE ACTIVITIES ON ITS FACILITIES OR OPERATIONS, EQUIPMENT, SOFTWARE, PROCEDURES OR SERVICES WHICH COULD REASONABLY BE EXPECTED TO HAVE A SIGNIFICANT IMPACT ON THE SERVICE OR CUSTOMER. CUSTOMER ACKNOW LEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICE MAY NOT BE AVAILABLE IN ALL AREAS SHOW N ON THE MAP DUE TO A VARIETY OF FACTORS INCLUDING PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOW LEDGES THAT THE MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. CUSTOMER SHALL ASSUME ANY WIRELESS COVERAGE RISKS. NEITHER XXXX DEERE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS SHALL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported To the extent permitted by applicable xxx, Xxxx Xxxxx’s entire liability and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, LicenseeCustomer's sole and exclusive remedy is remedies for any damages arising from the right performance or nonperformance under this Contract related to terminate the use of the Service shall be the remedies set forth herein. Xxxx Deere shall not be liable for any loss or damage arising from Customer’s failure to comply with the provisions set forth in this Agreement immediately for the affected SoftwareContract. IN NO EVENT SHALL ESRI JOHN DEERE, THE DEALERS, JOHN DEERE’S WIRELESS SERVICE CARRIERS, THE SATELLITE PROVIDER, JOHN DEERE’S LICEN SORS, OR JOHN DEERE’S AFFILIATES BE LIABLE TO LICENSEE FOR COSTS CUSTOMER, ANY EMPLOYEE OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILLCUSTOMER, OR ANY THIRD PARTY AUTHORIZED BY CUSTOMER TO USE THE SYSTEM FOR ANY INJURY, LOSS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAV INGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY, DELAY, FAULTINESS OR RELATED TO THIS AGREEMENT OR USE FAILURE OF THE SOFTWARE SYSTEMS OR DOCUMENTATIONANY PART THEREO F PROVIDED UNDER THIS CONTRACT, HOWEVER CAUSEDEVEN IF JOHN DEERE, ON ANY THEORY OF LIABILITYTHE DEALERS, AND WHETHER JOHN DEERE’S WIRELESS SERVICE CARRIERS, THE SATELLITE PROVIDER, JOHN DEERE’S LICENSORS, OR NOT ESRI HAS XXXX DEERE’S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, AND CUSTOMER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIMS FOR SUCH DAMAGES CUSTOMER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN JOHN DEERE AND THE UNDERLYING CARRIER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING CUSTOMER UNDERSTANDS AND AGREE S THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, CONTRACTUAL OR EXTRACONTRACTUAL LIABILITY, OR OTHERWISE, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION W ITH THIS CONTRACT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF ESSENTIAL PURPOSE SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER UNDERSTANDS THAT JOHN DEERE AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OR RELIABILITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY OR RELIABILITY RELATING TO THE USE OF THE SERVICES. FOR CUSTOMERS USING SPECIFIC VERSIONS OF SYSTEM HARDWARE, XXXXXXXX XXXXXXXXXXXX (“QUALCOMM”) IS AN UNDERLYING PROVIDER TO JOHN DEERE. ANY SUCH CUSTOMER ACKNOWLEDGES THAT FOR THE PROVISION OF THE JDLINK SERVICE, XXXX DEERE USES A DIGITAL TELEPHONE SERVICE THAT IS FURNISHED TO XXXX DEERE VIA QUALCOMM BY A WIRELESS CARRIER (“QUALCOMM WIRELESS CARRIER”) PURSUANT TO AN AGREEMENT BETWEEN QUALCOMM AND SUCH QUALCOMM WIRELESS CARRIER. IN NO EVENT SHALL QUALCOMM, THE QUALCOMM WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR ANY AFFILIATES OF THE FOREGOING PARTIES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED REMEDYTO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF QUALCOMM, ITS WIRELESS CARRIER, ITS LICENSORS, XXXX DEERE, OR XXXX DEERE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE SHALL BE AVAILABLE FOR USE ONLY WITH TERMINALS OR OTHER EQUIPMENT APPROVED BY QUALCOMM AND ONLY WITHIN THE OPERATING RANGE OF THE WIRELESS CARRIER NETWORK WHICH MAY NOT COVER THE JURISDICTION OF CUSTOMER; AND (II) THE QUALCOMM SERVICE PROVIDED TO XXXX DEERE MAY BE TEMPORARILY REFUSED, INTERRUPTED, CURTAILED OR OTHERWISE LIMITED BECAUSE OF WIRELESS CARRIER NETWORK TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. IF XXXX DEERE OR CUSTOMER CREATES SITUATIONS THAT CAUSE HIGHLY CONCENTRATED USAGE IN LIMITED AREAS ON THE WIRELESS CARRIER NETWORK, SUCH CUSTOMER MAY ENCOUNTER TEMPORARY CAPACITY CONSTRAINT-RELATED SYMPTOMS. IN NO EVENT IS QUALCOMM OR THE QUALCOMM WIRELESS CARRIER LIABLE TO CUSTOMER WITH RESPECT TO ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH: (I) ANY SUCH TEMPORARY CAPACITY CONSTRAINT; (II) ANY COVERAGE GAP; OR (III) ANY TEMPORARY QUALCOMM SERVICE REFUSAL, INTERRUPTION, CURTAILMENT OR OTHER LIMITATION BECAUSE OF TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, WIRELESS CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS, OR WIRELESS CARRIER FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE WIRELESS CARRIER FACILITIES. CUSTOMER ACKNOWLEDGES THAT THE QUALCOMM WIRELESS CARRIER MAY, IN ITS DISCRETION, MAKE MODIFICATIONS, UPDATES OR PERFORM MAINTENANCE ACTIVITIES ON ITS FACILITIES OR OPERATIONS, EQUIPMENT, SOFTWARE, PROCEDURES OR SERVICES WHICH COULD REASONABLY BE EXPECTED TO HAVE A SIGNIFICANT IMPACT ON THE SERVICE OR CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WIRELESS COVERAGE MAP INFORMATION MIGHT DEPICT SOME FUTURE COVERAGE THAT MAY OR MAY NOT BE IDENTIFIED AS SUCH, AND THAT THE SERVICE MAY NOT BE AVAILABLE IN ALL AREAS SHOWN ON THE MAP DUE TO A VARIETY OF FACTORS INCLUDING PREFERRED ROAMING LIST (PRL) UPDATES, WIRELESS CARRIER FACILITIES CONSTRAINTS, TOPOGRAPHICAL CONDITIONS (INCLUDING BUILDING CONFIGURATIONS), AND ENVIRONMENTAL CONDITIONS OR CAPACITY LIMITATIONS. CUSTOMER ACKNOWLEDGES THAT THE MAPS PROVIDED MAY NOT REFLECT TEMPORARY CHANGES IN COVERAGE OR COVERAGE GAPS THAT ARE LIMITED IN SCOPE. CUSTOMER SHALL ASSUME ANY WIRELESS COVERAGE RISKS. NEITHER XXXX DEERE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS SHALL BE LIABLE TO CUSTOMER FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY MAP INFORMATION, INCLUDING THE ACCURACY THEREOF.

LIMITATION OF LIABILITY AND REMEDIES. Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidentsTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI MESSAGEWARE OR ITS SUPPLIERS, RESELLERS, AND RELATED THIRD PARTIES, BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, INCIDENTALPUNITIVE, OR CONSEQUENTIAL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATIONSOFTWARE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI EVEN IF MESSAGEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THESE LIMITATIONS BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. THE ENTIRE LIABILITY OF MESSAGEWARE OR ANY OF ITS SUPPLIERS, RESELLERS, AND RELATED THIRD PARTIES, FOR ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE LICENSE. THE FOREGOING LIMITATION, EXCLUSION AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE FOREGOING IN THIS AGREEMENT, THE CUSTOMER HEREBY WAIVES, RELEASES AND FOREVER DISCHARGES MESSAGEWARE'S SUPPLIERS, RESELLERS, AND RELATED THIRD PARTIES, FROM ANY FAILURE AND ALL ACTIONS, CAUSES OF ESSENTIAL PURPOSE OF ACTIONS, CLAIMS AND DEMANDS, FOR DAMAGES, LOSS OR INJURY TO THE CUSTOMER, HOWSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT, AND THE CUSTOMER SPECIFICALLY AGREES NOT TO BRING ANY LIMITED REMEDYCLAIM AGAINST ANY THIRD PARTY THAT MAY CLAIM INDEMNITY OR RESPONSIBILITY FROM MESSAGEWARE.