Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY LAWEXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 15, UNDER IN NO CIRCUMSTANCES, EVENT WILL SNAPPETTech Soft 3D, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCINGSUPPLIERS, OR DELIVERING THE PLATFORM OR HARDWARE CERTIFICATE AUTHORITIES BE LIABLE TO YOU FOR DAMAGES ANY LOSS, DAMAGES, CLAIMS OR LOSSES COSTS WHATSOEVER INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, ANY CONSEQUENTIAL, INDIRECTINDIRECT OR INCIDENTAL DAMAGES, SPECIALANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISECLAIMS BY A THIRD PARTY, EVEN IF WE HAVE A Tech Soft 3D REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURECOSTS. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION THE FOREGOING LIMITATIONS AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY LAWAPPLICABLE LAW IN YOUR JURISDICTION. FOR ANY USER LOCATED WITHIN CALIFORNIA (Tech Soft 3D’S AGGREGATE LIABILITY AND ELSEWHERE AS PERMITTED BY LAW)THAT OF ITS AFFILIATES, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY SUPPLIERS, AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE FUTUREGREATER OF THE AMOUNT PAID FOR THE SOFTWARE, UNDER IF ANY, OR U.S.$100.00. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF CALIFORNIA CIVIL CODE SECTION 1542THIS AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES. Nothing contained in this agreement limits Tech Soft 3D’s liability to you in the event of death or personal injury resulting from Tech Soft 3D’s negligence or for the tort of deceit (fraud). Tech Soft 3D is acting on behalf of its affiliates, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEsuppliers, WHICHand Certificate Authorities for the purpose of disclaiming, IF KNOWN BY HIM OR HERexcluding and limiting obligations, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORwarranties and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact the Tech Soft 3D Customer Support Department.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 3, IN NO EVENT WILL 3BUILT MOTORSPORTS OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY LAWYOU FOR ANY LOSS, UNDER NO CIRCUMSTANCESDAMAGES, WILL SNAPPETCLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, ITS AFFILIATESINDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISECLAIMS BY A THIRD PARTY, EVEN IF WE HAVE A 3BUILT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURECOSTS. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION THE FOREGOING LIMITATIONS AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY LAWAPPLICABLE LAW IN YOUR JURISDICTION. FOR ANY USER LOCATED WITHIN CALIFORNIA (3BUILT MOTORSPORTS' AGGREGATE LIABILITY AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY THAT OF ITS AFFILIATES AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE FUTUREAMOUNT PAID FOR THE PRODUCT, UNDER IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORTHIS AGREEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCESCIRCUMSTANCES SHALL ACRONIS OR ITS AFFILIATES (INCLUDING SUPPLIERS, WILL SNAPPETRESELLERS, ITS AFFILIATESOR PARTNERS) OR THEIR RESPECTIVE EXECUTIVES, EMPLOYEES, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR PERSONAL INJURY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, DIRECT OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE TERMS FROM OR RELATED TO YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORMACRONIS SOFTWARE AND SERVICES OR THIS AGREEMENT, WHETHER IN HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ) AND EVEN IF WE HAVE ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ACRONIS’S, OR IT’S AFFILIATES’, TOTAL LIABILITY TO YOU, FOR ALL DAMAGES EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ACRONIS FOR THE SOFTWARE AND/OR SERVICES DURING THE TWELVE MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE DAMAGES IN CONNECTION WITH QUESTION. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN THERE SHALL BE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BREACH. THIS LIMITATION OF PERFORMANCELIABILITY FOR PERSONAL INJURY OR EXCLUSION OF INCIDENTAL, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSCONSEQUENTIAL, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DIRECT DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED WILL APPLY ONLY TO THE EXTENT PERMITTED BY UNDER APPLICABLE LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (THE DISCLAIMERS AND ELSEWHERE AS LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE SOFTWARE, UPDATES OR UPGRADES. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT LICENSEE WOULD NOT BE PERMITTED BY LAW), TO USE THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES SOFTWARE IF LICENSEE HAD NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING AGREED TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND . THIS SECTION WILL SURVIVE AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILYITS ESSENTIAL PURPOSE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCESEVENT WILL LICENSOR'S TOTAL AGGREGATE AND CUMULATIVE LIABILITY (IF ANY) TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. LICENSOR'S AND THEIR SUPPLIERS SHALL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING THE SOFTWARE. NOTWITHSTANDING THE FOREGOING, WILL SNAPPET, ITS AFFILIATESIN NO EVENT SHALL LICENSOR, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE OF ITS RESPECTIVE SUPPLIERS BE LIABLE FOR DAMAGES ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCECORRUPTED DATA, DIRECTOR REPROCUREMENT AMOUNT OR FOR INDIRECT, INCIDENTALPUNITIVE, CONSEQUENTIALAGGRAVATED, INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND LOST PROFITS REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISESOFTWARE, EVEN IF WE LICENSOR AND/OR ANY OF ITS RESPECTIVE SUPPLIERS HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EACH EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL IS INTENDED TO BE LIMITED TO THE EXTENT PERMITTED BY LAWA SEPARATE AND THEREFORE SEVERABLE EXCLUSION. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORThe parties agree that the limitations specified in this Section 14 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The provisions of this Agreement allocate the risks between Licensor and you. The fees reflect this allocation of risk and the limitations of liability herein.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER a) IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE DATA INNOVATIONS BE LIABLE TO YOU UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECTPUNITIVE, SPECIALEXEMPLARY, OR PUNITIVE INDIRECT DAMAGES AND OF ANY KIND OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, SUFFERED BY YOU. INCLUDING WITHOUT LIMITATION LOSS OF GOOD WILL, LOST PROFITS PROFITS, WORK STOPPAGE, DATA OR CONTENT LOSS, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTIONS, LOSS OF INCOME, DAMAGES DUE TO FORCE MAJEURE, OTHER ECONOMIC LOSS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, RELATED TO THIS AGREEMENT OR INABILITY ANY USE OF OR FAILURE TO BE ABLE TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISESOFTWARE, EVEN IF WE HAVE DATA INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY AND NOTWITHSTANDING THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREPURPOSE OF ANY LIMITED REMEDY. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND DATA INNOVATIONS SHALL NOT BE LIABLE TO YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DAMAGES ARISING OUT OF OR RELATED TO YOUR DEVICE OR COMPUTER SYSTEM, OR (i) LOSS OF DATA RESULTING THEREFROMDATA, (ii) FOR TRANSACTIONS PERFORMED USING THE SOFTWARE; OR (iii) MODIFICATIONS TO THE SOFTWARE BY YOU, WHETHER MADE BY YOU OR ANY THIRD PARTY, WHETHER SUFFERED BY YOU OR ANY THIRD PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY LAWAPPLICABLE LAW IN YOUR JURISDICTION. FOR ANY USER LOCATED WITHIN CALIFORNIA Data Innovations' aggregate liability under or in connection with this Agreement for any and all causes whatsoever, and Your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, will not exceed the fees paid for the Software that accompanies this Agreement, if any, for the six (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR6) months immediately preceding the breach for which the damages are claimed. Data Innovations shall not be liable for any claims or damages of third parties. The existence of one or more claims will not enlarge this limit. You acknowledge that Data Innovations’ pricing reflects this allocation of risk and the limitation of liability specified in this section will apply regardless of whether any limited or exclusive remedy specified in this Agreement fails of its essential purpose.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCESGLOBALSTAR, WILL SNAPPET, ITS GUSA AND THEIR SERVICE PROVIDERS AND THEIR AFFILIATES, OR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE AND DISCLAIM ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE LIABILITY FOR ANY DAMAGES OR LOSSES CLAIMS, INCLUDING WITHOUT LIMITATION NEGLIGENCEINJURY OR DEATH, DIRECT, INCIDENTAL, CONSEQUENTIAL, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND LOST PROFITS ARISING OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH THE PROVISION OF THE GLOBALSTAR SERVICE (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE GLOBALSTAR SERVICE) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE GLOBALSTAR SERVICE. GLOBALSTAR, GUSA AND THEIR SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE GLOBALSTAR SYSTEM OR THE GLOBALSTAR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE THE PROVISION OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.GLOBALSTAR SERVICE CAUSED BY:

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE NOT BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIALEXEMPLARY DAMAGES, OR PUNITIVE DAMAGES AND LOST FOR LOSS OF PROFITS ARISING OUT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF THE TERMS OR YOUR ACCESSGOODWILL, USE, MISUSE, DATA OR INABILITY TO USE OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE PLATFORMPOSSIBILITY OF SUCH DAMAGES), WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE POSSIBILITY PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUCH YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH ANY FAILURE OF PERFORMANCETHE LAST SIX (6) MONTHS, ERROROR, OMISSIONIF GREATER, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREONE HUNDRED DOLLARS ($100). USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO THE EXTENT PERMITTED BY LAWYOU. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THIS AGREEMENT, YOUR SOLE AND ACKNOWLEDGE EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILYPLATFORM.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR DAMAGES OUR OWN GROSS NEGLIGENCE OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEWILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. EXCEPT AS REQUIRED BY LAW, DIRECTTO THE EXTENT THAT WE ARE FOUND LIABLE, YOU MAY ONLY RECOVER AN AMOUNT LIMITED TO YOUR ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL FEES AND CHARGES PAID BY YOU IN CONNECTION WITH THE SERVICES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. OUR LIABILITY MAY ALSO BE FURTHER REDUCED BY THE AMOUNT OF THE LOSS THAT IS CAUSED BY YOUR OWN NEGLIGENCE OR LACK OF CARE, AS WELL AS ANY RECOVERY OF THE LOSS YOU OBTAIN FROM THIRD PARTIES. IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM US ANY CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALSPECIAL, INDIRECT, SPECIALOR EXEMPLARY DAMAGES, LOSSES OR EXPENSES (INCLUDING COUNSEL AND THIRD PARTY FEES OR FINES) OR LOST PROFITS, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT INTERRUPTION OR LOSS OF THE TERMS USE OF SERVICE OR YOUR ACCESSEQUIPMENT, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, (a) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR IN CONNECTION WITH ANY FAILURE EXPENSES; (b) EVEN IF SUCH DAMAGES, LOSSES OR EXPENSES WERE FORESEEABLE, (c) WHETHER ARISING UNDER THEORY OF PERFORMANCECONTRACT, ERRORTORT (INCLUDING NEGLIGENCE), OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION STRICT LIABILITY OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKOTHERWISE, AND YOU (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, OUR LIABILITY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWPERMISSIBLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE BANK WILL NOT BE LIABLE FOR ANY USER LOCATED WITHIN CALIFORNIA ERROR, FAILURE OR DELAY IN OUR ABILITY TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING ANY ERROR, FAILURE OR DELAY IN THE PROCESSING OF ANY TRANSFER, ARISING FROM OR RELATING TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING ANY ACT OF GOD, WAR (AND ELSEWHERE AS PERMITTED BY LAWDECLARED OR UNDECLARED), SABOTAGE, BLOCKADE, REVOLUTION, INSURRECTION, TERRORISM, CIVIL STRIFE, EXPROPRIATION, NATIONALIZATION, CHANGE IN LAW, GOVERNMENT ACTION, EMBARGO, SANCTION, ACCIDENT, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, PANDEMIC, EQUIPMENT FAILURE, SYSTEM FAILURE, TECHNICAL FAILURE, LABOR DISPUTE, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, OR THE FOLLOWING FAILURE OF ANY THIRD PARTY TO PROVIDE ANY ELECTRONIC, DIGITAL OR TELECOMMUNICATIONS SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL APPLY: YOU ALSO EXPRESSLY WAIVE NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUNO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. 13 Governing Law, NOW OR IN THE FUTUREForum, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542and Time Limits All actions relating to your Card and this Agreement will be governed by the laws and regulations of the United States and Tennessee, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEirrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated pursuant to the arbitration provisions of this Agreement will be resolved in a federal or state court determined pursuant to that provision. Except where prohibited by law, WHICHyou agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Tennessee law, IF KNOWN BY HIM OR HERor another agreement you have with us, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORprovides for a shorter time. If federal or Tennessee law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING EVENT SHALL THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS AGGREGATE LIABILITY OF DEVOLUTIONS ARISING OUT OF THE TERMS OR RELATED TO THIS AGREEMENT OR YOUR ACCESSUSE OF THE SOFTWARE EXCEED THE FEES PAID BY YOU FOR THE UPDATE PERIOD OR SUBSCRIPTION PERIOD, USEAS APPLICABLE, MISUSEDURING WHICH THE EVENT LEADING TO SUCH LIABILITY OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 12(a) IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE LICENSE FEES PAID, OR INABILITY WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO USE ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PLATFORM, FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, TORT, TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION OR STRICT LIABILITY LIABILITY) OR OTHERWISEBREACH OF STATUTORY DUTY, EVEN IF WE HAVE BEEN ADVISED OF BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS PURSUANT TO THIS AGREEMENT. IN THE POSSIBILITY OF SUCH DAMAGESEVENT THAT ANY DISCLAIMER, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL IN THIS AGREEMENT CANNOT BE EXCLUDED OR CONSEQUENTIAL DAMAGESLIMITED ACCORDING TO APPLICABLE LAW, SNAPPET’S LIABILITY IN THEN ONLY SUCH JURISDICTIONS DISCLAIMER, EXCLUSION OR LIMITATION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY NOT APPLY AND ALL RIGHTS THE REMAINING DISCLAIMERS, EXCLUSIONS AND BENEFITS CONFERRED UPON YOULIMITATIONS PROVIDED HEREIN SHALL REMAIN VALID AND ENFORCEABLE. WITHOUT LIMITING THE FOREGOING, NOW OR DEVOLUTIONS SHALL NOT BE LIABLE IN THE FUTURERESPECT OF ANY DAMAGE CAUSED BY YOUR FAILURE TO PERFORM REGULAR BACKUPS OF YOUR DATA, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “TO TEST SUCH BACKUPS ON A GENERAL RELEASE DOES NOT EXTEND REGULAR BASIS AND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORIMPLEMENT EFFICIENT SECURITY PRACTICES AND PROCEDURES FOR YOUR COMPUTERS.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCESEVENT WILL WE, WILL SNAPPETZELLE, ITS AFFILIATESOWNERS, DIRECTORS, OFFICERS, AGENTS OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEWHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE OTHER INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE TERMS OR YOUR ACCESSZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, USE, MISUSEOMISSIONS, OR INABILITY OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ZELLE PAYMENT SERVICES DESCRIBED OR OTHERWISEPROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THESE TERMS, OR YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR CONSEQUENTIAL DAMAGES, SNAPPET’S THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN SUCH JURISDICTIONS SHALL BE THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA , BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS (AND ELSEWHERE AS PERMITTED BY LAW$100.00), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCESEVENT SHALL WE, WILL SNAPPETOUR PROCESSORS, ITS SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, OR ANY PARTY INVOLVED IN CREATINGAGENTS, PRODUCINGDIRECTORS, OR DELIVERING THE PLATFORM OR HARDWARE AND EMPLOYEES) BE LIABLE FOR DAMAGES ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR LOSSES EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION NEGLIGENCEDAMAGES FOR LOSS OF PROFITS, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESSGOODWILL, USE, MISUSEDATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF SAMSUNG PAY, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH SAMSUNG PAY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN SAMSUNG PAY. TO THE PLATFORMMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PROCESSORS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF SAMSUNG PAY, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH SAMSUNG PAY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SAMSUNG PAY; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH SAMSUNG PAY BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH SAMSUNG PAY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER IN THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY LIABILITY, OR OTHERWISEANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREDAMAGE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR FOREGOING LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR LAW IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORAPPLICABLE JURISDICITON.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, CUMMINS INC. AND/OR THEIR DIRECT OR INDIRECT SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, CUSTOMER OR ANY THIRD PARTY INVOLVED IN CREATINGFOR ANY GENERAL, PRODUCINGPECUNIARY, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCENON-PECUNIARY, DIRECTINDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIALEXEMPLARY, OR PUNITIVE CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, LOSS OF OPPORTUNITY, AND/OR DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. CUSTOMER WAIVES AND LOST PROFITS RELEASES CUMMINS AND CUMMINS INC. OF AND FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, WHICH CUSTOMER OR ANY THIRD PARTY MAY SUFFER IN ANY WAY RELATED TO OR ARISING OUT FROM SERVICES OR PARTS PERFORMED OR SUPPLIED BY CUMMINS OR CUMMINS INC. UNDER THIS AGREEMENT DUE TO ANY CAUSE WHATSOEVER, INCLUDING ANY ACT, OMISSION, FAULT, NEGLIGENCE, BREACH OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLIABILITY, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED BY CUMMINS OR CUMMINS INC. IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION NO EVENT SHALL CUMMINS’ OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPETCUMMINS INC.’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR CUSTOMER OR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)THIRD PARTY CLAIMING DIRECTLY, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW THROUGH CUSTOMER OR IN THE FUTURE, ON CUSTOMER’S BEHALF UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORTHIS AGREEMENT EXCEED $100,000.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. AS KDE DIRECT HAS NO CONTROL OVER USE, SETUP, FINAL ASSEMBLY, MODIFICATION, OR MISUSE, NO LIABILITY SHALL BE ASSUMED NOR ACCEPTED FOR ANY RESULTING DAMAGE OR INJURY. BY THE ACT OF USE OF THE KDECAN PROTOCOL SOFTWARE, THE USER ACCEPTS ALL RESULTING LIABILITY. TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATESEVENT SHALL KDE DIRECT BE LIABLE FOR PERSONAL INJURY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, INDIRECT OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE TERMS OR RELATED TO YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORMKDECAN PROTOCOL SOFTWARE OR THIRD PARTY PRODUCTS USED IN CONJUNCTION WITH THE KDECAN PROTOCOL SOFTWARE, WHETHER IN REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY TORT OR OTHERWISE, ) AND EVEN IF WE HAVE KDE DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPETSO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KDE DIRECT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN SUCH JURISDICTIONS SHALL BE LIMITED CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF THE INDIVIDUAL PRICE OF THE KDECAN PROTOCOL SOFTWARE ON WHICH LIABILITY IS ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF THE USER IS NOT PREPARED TO ACCEPT THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT LIABILITY ASSOCIATED WITH THE DEBTORUSE OF THE KDECAN PROTOCOL SOFTWARE, THEY ARE ADVISED TO RETURN THE KDECAN PROTOCOL SOFTWARE IMMEDIATELY TO KDE DIRECT OR AN AUTHORIZED DEALER.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPETEVENT SHALL EA, ITS AFFILIATESSUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OTHER FORM OF DIRECT OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND LOST PROFITS FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORMSOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE WHETHER OR NOT EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR IN CONNECTION ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. FOR ADDITIONAL INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO xxxx://xxxx.xx.xxx/au/article/origin-au-returns-and- cancellations/. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA, IF APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY FAILURE KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF PERFORMANCEANY KIND, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. AND YOUR USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND RISKPERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA”) DO NOT MAKE, AND YOU HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE UNINTERRUPTED OR COMPUTER SYSTEMERROR-FREE, OR LOSS OF DATA RESULTING THEREFROMTHAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. BECAUSE NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF INCIDENTAL A CONSUMER, SO SOME OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO THE EXTENT PERMITTED BY LAWYOU. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)ADDITIONAL INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND GO TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.xxxx://xxxx.xx.xxx/au/article/origin-au-returns-and- cancellations/.

Limitation of Liability. SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY LAWGOVERNING LAW OF YOUR JURISDICTION, UNDER IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, DTF OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE AFFILIATES BE LIABLE IN ANY MANNER WHATSOEVER FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION) INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF OR IN AN ANY WAY RELATED TO: (I) THIS SITE OR ANY WEBSITE LINKED TO THIS SITE; (II) THE TERMS OR ACCURACY OF ACCOUNT DATA; (III) YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY THIS SITE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ANY SITE LINKED TO THIS SITE; OR (IV) IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, VIRUS OR LINE OR SYSTEM FAILURE. USE THIS LIMITATION OF OUR PLATFORM LIABILITY SHALL APPLY EVEN IF DTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. DTF DOES NOT ASSUME RESPONSIBILITY FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES NOT UNDER ITS CONTROL THAT MAY AFFECT THE ACCURACY OR TIMELINESS OF MESSAGES YOU SEND. DTF IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE LOSSES OR DELAYS IN TRANSMISSION OF INSTRUCTIONS ARISING OUT OF THE USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER SOFTWARE. DTF IS NOT RESPONSIBLE SHOULD YOU GIVE INCORRECT INSTRUCTIONS. DTF IS NOT RESPONSIBLE FOR SYSTEM DISRUPTIONS INCLUDING DISRUPTIONS CAUSED BY ANY COMPUTER SYSTEM, VIRUS OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORRELATED PROBLEMS.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT FOR HEIMDALL’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, YOU AGREE THAT NEITHER HEIMDALL NOR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCINGSUPPLIERS, OR DELIVERING THE PLATFORM OR HARDWARE AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR DAMAGES ANY LOSS OF DATA OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEPRIVACY, DIRECTLOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE PRODUCT, MAINTENANCE OR ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, OR DAMAGE ARISING FROM YOUR USE OF THIRD PARTY PRODUCTS OR HARDWARE OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE TERMS USE OF THE PRODUCT OR MAINTENANCE; OR YOUR ACCESSEXPORTATION, USE, MISUSEREEXPORTATION, OR INABILITY TO USE IMPORTATION OF THE PLATFORMPRODUCT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY HARDWARE OR OTHERWISE, MAINTENANCE,. THIS LIMITATION WILL APPLY EVEN IF WE HEIMDALL, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR HEIMDALL’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HEIMDALL, ITS AFFILIATES, SUPPLIERS, OR IN CONNECTION WITH ANY FAILURE AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE PRODUCT AND/OR MAINTENANCE TERM AT ISSUE. YOU ACKNOWLEDGE THAT THE PRODUCT AND MAINTENANCE FEES REFLECT THESE ALLOCATIONS OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURERISK. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT PERMITTED BY LAWYOU. FOR ANY USER LOCATED WITHIN CALIFORNIA For purposes of this Section, the term "AFFILIATE" shall mean any legal entity fifty percent (AND ELSEWHERE AS PERMITTED BY LAW)50%) or more of the voting interests in which are owned directly or indirectly by HEIMDALL. AFFILIATES, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUSUPPLIERS, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORand authorized distributors are intended to be third party beneficiaries of this AGREEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO EXCEPT WHERE THE MAXIMUM EXTENT PERMITTED BY LAWLAW REQUIRES A DIFFERENT STANDARD, UNDER IN NO CIRCUMSTANCESEVENT WILL WE OR OUR SUBSIDIARIES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATINGCONTRACTORS OR OUR OR THEIR RESPECTIVE OFFICERS, PRODUCINGDIRECTORS, OR DELIVERING THE PLATFORM OR HARDWARE SHAREHOLDERS AND EMPLOYEES BE LIABLE FOR DAMAGES ANY LOSS, DAMAGE OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, INJURY OR FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OR PROFITS ARISING OUT OR INVESTMENT, LOSS OF THE TERMS FILES OR YOUR ACCESS, USE, MISUSEDATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR THE LIKE) ARISING FROM OR RELATED TO THE SERVICE, THE INABILITY TO USE THE PLATFORMSERVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER IN BASED ON BREACH OF CONTRACT, TORTBREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, STRICT ) PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE . THE ENTIRE LIABILITY OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM SUCH PERSONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED AGGREGATE AMOUNT OF SERVICE FEES PAID BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), YOU TO PRAIRIE STATE BANK & TRUST DURING THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN 12 MONTHS IMMEDIATELY PRECEDING THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS DATE ON WHICH THE CREDITOR DOES CLAIM ACCRUED. THE LIMITATION OF DAMAGES AND LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRAIRIE STATE BANK & TRUST AND YOU. YOU ACKNOWLEDGE AND AGREE THAT PRAIRIE STATE BANK & TRUST WOULD NOT KNOW OR SUSPECT BE ABLE TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEPROVIDE YOUR ACCESS ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. The following disclosure is only applicable for your accounts at Prairie State Bank & Trust used primarily for personal, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.family or household purposes. Prairie State Bank & Trust

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAWSun will be not be liable for any claims relating to, UNDER or arising out of, this JDL, whether in tort, contract or otherwise, in an amount in excess of any annual license fees You paid to Sun for the Technology. IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE SUN BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND LOST PROFITS IN CONNECTION WITH OR ARISING OUT OF THE TERMS OR YOUR ACCESSTHIS JDL (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, MISUSEDATA, OR INABILITY TO USE THE PLATFORMECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE NOT SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON WHATSOEVER CANNOT BE DISCLAIMED THEN THE ENTIRE LIABILITY OF SUN UNDER ANY PROVISION OF THIS JDL, AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH DAMAGES, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TECHNOLOGY OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCEFIVE HUNDRED US DOLLARS, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREWHICHEVER IS GREATER. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL INCIDENTALS OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED DAMAGES SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCESAXE TOWNE, WILL SNAPPET, ITS AFFILIATES, OR EXCLUDE AND DISCLAIM LIABILITY FOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT CONSEQUENTIAL DAMAGES, LOSS OF THE TERMS OR YOUR ACCESS, USE, MISUSELOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OTHER LOSSES OF ANY KIND OR OTHERWISECHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THE USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR THE SERVICES OR ANY DAMAGE TO YOUR DEVICE CONTENT PROVIDED ON THE APPLICATION OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMTHE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THIS LIMITATION OF INCIDENTAL LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR CONSEQUENTIAL DAMAGESANY OTHER BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNAPPET’S OUR MAXIMUM LIABILITY IN SUCH JURISDICTIONS FOR ALL CLAIMS ARISING FROM OR ASSOCIATED WITH YOUR USE OF ACTIVITIES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT EXCEEDING THE EXTENT PERMITTED GREATER OF: (I) THE AMOUNT PAID, IF ANY, BY LAW. YOU FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), YOUR USE OF THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR SERVICES IN THE FUTURELAST 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM(S) OR (II) TEN ($10) DOLLARS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, UNDER LOSS OR DAMAGE TO PERSONAL PROPERTY CAUSED BY AXE TOWNE: GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE TERMS CLEARLY ESTABLISHED LEGAL RIGHT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND USER TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW RECOVER ATTORNEYS’ FEES OR SUSPECT TO EXIST IN HIS OTHER REMEDIES AFFORDED BY STATUTE OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOROTHER LAW.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. a. DISTRIBUTOR’S LIABILITY FOR ANY DIRECT LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT AND ANY CONTRACT SHALL BE LIMITED TO, AND SHALL UNDER NO CIRCUMSTANCES EXCEED, THE ACTUAL AMOUNTS PAID BY CSR TO DISTRIBUTOR FOR THE CLOUD SERVICES GIVING RISE TO THE MAXIMUM EXTENT PERMITTED CLAIM DURING THE PREVIOUS SIX (6) MONTHS, EXCLUDING ANY TAXES AND LESS ANY REFUNDS OR CREDITS RECEIVED BY LAWCSR FROM DISTRIBUTOR. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCESDISTRIBUTOR AND ITS CSPS SHALL NOT BE LIABLE TO CSR FOR ANY FINANCIAL, WILL SNAPPETCONSEQUENTIAL OR OTHER INDIRECT LOSS OR DAMAGE CAUSED TO CSR BY REASON OF ANY REPRESENTATION, ITS AFFILIATESWARRANTY (EITHER EXPRESS OR IMPLIED), CONDITION OR OTHER TERM, OR ANY PARTY INVOLVED IN CREATINGDUTY AT COMMON LAW; OR FOR ANY SPECIAL, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTINDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECT, SPECIALEXEMPLARY, OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS ARISING (INCLUDING LOSS OF PROFITS, REVENUE, RECORDS OR DATA, COSTS OF PROCUREMENT OF SUBSTITUTE CLOUD SERVICES, OR DAMAGE TO REPUTATION OR GOODWILL) OR FOR ANY OTHER CLAIMS FOR COMPENSATION HOWEVER CAUSED (WHETHER CAUSED BY THE NEGLIGENCE OF DISTRIBUTOR, ITS EMPLOYEES, AGENTS, CSPS OR OTHERWISE) WHICH ARISE OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, IN CONNECTION WITH THIS AGREEMENT OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISEA CONTRACT HEREUNDER, EVEN IF WE DISTRIBUTOR OR ITS CSPS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, LIABILITY OR DAMAGES, . NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS EXCLUDING OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPETLIMITING DISTRIBUTOR’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY DISTRIBUTOR’S NEGLIGENCE. CSR ACKNOWLEDGES THAT THESE ALLOCATIONS OF LIABILITY WERE AN ESSENTIAL ELEMENT IN DISTRIBUTOR’S ENTERING INTO THIS AGREEMENT AND AGREES THAT SUCH JURISDICTIONS SHALL BE LIMITED TO ALLOCATION OF LIABILITY ARE REASONABLE AND APPROPRIATE GIVEN THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS NATURE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORTHIS AGREEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. Account Information: It is your responsibility to maintain current and accurate account information on our system and to exercise diligence in protecting your logon and passwords. IN NO EVENT WILL TRANSURBAN BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, YOU OR ANY THIRD PARTY INVOLVED IN CREATINGFOR ANY DIRECT, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTINDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OF OR INABILITY TO USE THE PLATFORMSOFTWARE AND/OR THE DEVICE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISEFOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE HAVE TRANSURBAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, . TRANSURBAN'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR IN CONNECTION OTHERWISE WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED RESPECT TO THE EXTENT PERMITTED SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LAWYOU, IF ANY. FOR ANY USER LOCATED WITHIN CALIFORNIA (YOU ACKNOWLEDGE THAT, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTOR, ADMINISTRATOR AND ELSEWHERE AS PERMITTED BY LAW)ASSIGNS, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE HEREBY RELEASE AND FOREVER DISCHARGES TRANSURBAN AND ITS PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS, FROM ANY AND ALL RIGHTS LIABILITY, CLAIMS, OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS AND BENEFITS CONFERRED UPON YOU, NOW PROPERTY THAT MAY BE SUSTAINED DIRECTLY OR INDIRECTLY AS A RESULT OF YOUR PARTICIPATION IN THE FUTUREPILOT, UNDER OR WHILE TRAVELING TO, PREPARING FOR, AND/OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMSPILOT. ADDITIONALLY, YOU ARE STATING AGREE THAT TRANSURBAN IS NOT LIABLE FOR ANY CLAIMS, DEMANDS, OR ACTIONS AGAINST YOU UNDERSTAND AND ACKNOWLEDGE BY ANY PERSON, CORPORATION, OR OTHER LEGAL ENTITY RESULTING FROM THE SIGNIFICANCE AND EFFECTS USE OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILYTHE DEVICE(S).

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REMEDIES DESCRIBED BELOW ARE USER’S SOLE AND EXCLUSIVE REMEDIES AND COMPANY’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. COMPANY’S LIABILITY WILL UNDER NO CIRCUMSTANCESCIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY USER FOR THE SERVICES THAT USER PURCHASED THROUGH THE WEBSITE, NOR WILL SNAPPET, ITS AFFILIATES, COMPANY UNDER ANY CIRCUMSTANCES BE LIABLE TO USER OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR PUNITIVE DAMAGES AND ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSEOF, OR INABILITY TO USE THE PLATFORMRELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER IN CONTRACTSUCH DAMAGES WERE FORESEEABLE, TORT, NEGLIGENCE, STRICT LIABILITY (B) WHETHER OR OTHERWISE, EVEN IF WE HAVE BEEN NOT COMPANY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND/OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR IN CONNECTION WITH OTHERWISE) UPON WHICH THE CLAIM IS BASED. COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKREASON, AND YOU WILL BE SOLELY RESPONSIBLE USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE CAUSE WHATSOEVER, SHALL BE LIMITED TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMTHE ACTUAL AMOUNT PAID BY USER FOR THE PRODUCTS AND SERVICES USER HAVE ORDERED THROUGH COMPANY’S WEBSITE. BECAUSE The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) shall not apply to (a) liability resulting from Company’s gross negligence or willful misconduct and (b) death or bodily injury resulting from Company’s acts or omissions. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. IF MICROSOFT BREACHES THIS AGREEMENT, OR IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THIS AGREEMENT’S LIMITATIONS, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM MICROSOFT OR ANY AFFILIATES, SUPPLIERS, RESELLERS, DISTRIBUTORS, AND VENDORS, DIRECT DAMAGES UP TO USD$5.00. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOESN'T FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCESTHESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THIS AGREEMENT SUCH AS: (I) LOSS OF CUSTOMER DATA; (II) ANY VIRUS AFFECTING YOUR USE OF THE MARKETPLACE; (III) DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; (IV) CLAIMS FOR BREACH OF CONTRACT, WILL SNAPPETWARRANTY, ITS AFFILIATESGUARANTEE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORTCONDITION; (V) STRICT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORMISREPRESENTATION, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSTRESPASS, OR LINE OTHER TORT; (VI) VIOLATION OF STATUTE OR SYSTEM FAILUREREGULATION; OR (VII) UNJUST ENRICHMENT. USE SOME OR ALL OF OUR PLATFORM IS AT THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR OWN DISCRETION AND RISKSTATE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEMPROVINCE, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT COUNTRY DOESN'T ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL INCIDENTAL, CONSEQUENTIAL, OR CONSEQUENTIAL OTHER DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, ITS AFFILIATES, AUTODESK OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE OF ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTOTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORMSOFTWARE OR DOCUMENTATION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF WE HAVE AUTODESK OR ANY AUTODESK RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE OR OF ANY COPY PROTECTION DEVICE WITH WHICH THE SOFTWARE IS SUPPLIED. SPECIFICALLY, AUTODESK SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION STOLEN SOFTWARE OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURECOPY PROTECTION DEVICE/CODE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE AND ANY DAMAGE COPY PROTECTION DEVICE/CODE FROM LOSS OR THEFT AND PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT FOR HEIMDALL’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, YOU AGREE THAT NEITHER HEIMDALL NOR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCINGSUPPLIERS, OR DELIVERING THE PLATFORM OR HARDWARE AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR DAMAGES ANY LOSS OF DATA OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEPRIVACY, DIRECTLOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE PRODUCT, MAINTENANCE OR ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, OR DAMAGE ARISING FROM YOUR USE OF THIRD PARTY PRODUCTS OR HARDWARE OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE TERMS USE OF THE PRODUCT OR MAINTENANCE; OR YOUR ACCESSEXPORTATION, USE, MISUSEREEXPORTATION, OR INABILITY TO USE IMPORTATION OF THE PLATFORMPRODUCT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY HARDWARE OR OTHERWISE, MAINTENANCE,. THIS LIMITATION WILL APPLY EVEN IF WE HEIMDALL, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR HEIMDALL’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HEIMDALL, ITS AFFILIATES, SUPPLIERS, OR IN CONNECTION WITH ANY FAILURE AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE PRODUCT AND/OR MAINTENANCE TERM AT ISSUE. YOU ACKNOWLEDGE THAT THE PRODUCT AND MAINTENANCE FEES REFLECT THESE ALLOCATIONS OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURERISK. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT PERMITTED BY LAWYOU. FOR ANY USER LOCATED WITHIN CALIFORNIA For purposes of this Section, the term “AFFILIATE” shall mean any legal entity fifty percent (AND ELSEWHERE AS PERMITTED BY LAW)50%) or more of the voting interests in which are owned directly or indirectly by HEIMDALL. AFFILIATES, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUSUPPLIERS, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORand authorized distributors are intended to be third party beneficiaries of this AGREEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. Section 33 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCESEVENT WILL WE, WILL SNAPPETZELLE, ITS AFFILIATESOWNERS, DIRECTORS, OFFICERS, AGENTS OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEWHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE OTHER INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE TERMS OR YOUR ACCESSZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, USE, MISUSEOMISSIONS, OR INABILITY OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ZELLE PAYMENT SERVICES DESCRIBED OR OTHERWISEPROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, OR YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR CONSEQUENTIAL DAMAGES, SNAPPET’S THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN SUCH JURISDICTIONS SHALL BE THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA , BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS (AND ELSEWHERE AS PERMITTED BY LAW$100.00), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. SPONSOR ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE BY ANY PERSON ORORGANIZATION OF SPONSOR’S PRODUCTS/SERVICES PROVIDED BY SPONSOR. SPONSOR SHALL INDEMNIFY AND HOLD SHPE HARMLESS FOR ALL LIABILITIES AND CLAIMS ASSERTED BY ANY USER OF SPONSOR’S PRODUCTS/SERVICES AS WELL AS ALL EXPENSES, INCLUDING ATTORNEYS’ FEES, INCURRED BY SHPE IN CONNECTION WITH SUCH LIABILITIES OR CLAIMS. SHPE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,REPRESENTATIONS, ENDORSEMENTS, OR CONDITIONS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO SPONSOR’S PRODUCTS/SERVICES OR THE MAXIMUM EXTENT PERMITTED BY LAWUSE OF SPONSOR’S PRODUCTS/SERVICES. EXCEPT FOR CLAIMS BASED ON MISUSE OF INTELLECTUAL PROPERTY OR INDEMNIFICATION CLAIMS, UNDER NO CIRCUMSTANCES, CIRCUMSTANCE WILL SNAPPET, ITS AFFILIATES, OR ANY A PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE TO THE OTHER FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEANY SPECIAL, DIRECTINDIRECT, INCIDENTAL, CONSEQUENTIALOR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, INDIRECTWITHOUT LIMITATION, SPECIALATTORNEYS’ FEES) INANY WAY DUE TO, RESULTING FROM, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE A PARTY'S PERFORMANCE UNDER THIS SPONSORSHIP AGREEMENT, REGARDLESS OF PERFORMANCETHE NEGLIGENCE OF THAT PARTY. SHPE reserves the right to change the entrances used, ERRORthe way in which the entrances are used, OMISSIONthe way in whichtraffic is directed, INTERRUPTIONand any other changes that SHPE determines in its reasonable discretion should be made to accommodate the safety of all participants and staff. SHPE reserves the right to make changes, DEFECTin its reasonablediscretion, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORto accommodate the safety of any and all participants and staff.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING LIMIT OF P&WC AND THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, DAC’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) CONCERNING PERFORMANCE OR NON-PERFORMANCE BY P&WC OR THE DAC, EVEN IF WE HAVE OR IN ANY MANNER RELATED TO THE DAC SERVICES, FOR ANY AND ALL CLAIMS, WILL NOT IN THE AGGREGATE EXCEED THE PAYMENTS MADE BY CUSTOMER TO P&WC HEREUNDER WITHIN THE 6 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. CUSTOMER RELEASES P&WC AND THE DAC FROM AND AGAINST ALL LIABILITY BEYOND SUCH MAXIMUM LIABILITY. NEITHER P&WC NOR THE DAC WILL BE LIABLE FOR ANY LOSS OF DATA, PROFITS, SAVINGS, USE OR BUSINESS; FOR DELAYS, INCONVENIENCE OR BUSINESS INTERRUPTION; OR FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, NOR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DAC SERVICES WITHOUT REGARD TO WHETHER P&WC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU NEITHER P&WC NOR THE DAC WILL BE SOLELY LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE ANALYSIS, INTERPRETATION OR COMPUTER SYSTEM, APPLICATION OF ANY INFORMATION OR LOSS DATA PROVIDED VIA THE DAC SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THIS AGREEMENT AND WILL APPLY NOTWITHSTANDING THE EXCLUSION OR LIMITATION FAILURE OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORREMEDY PROVIDED HEREIN.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR DAMAGES OUR OWN GROSS NEGLIGENCE OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEWILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. EXCEPT AS REQUIRED BY LAW, DIRECTTO THE EXTENT THAT WE ARE FOUND LIABLE, YOU MAY ONLY RECOVER AN AMOUNT LIMITED TO YOUR ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL FEES AND CHARGES PAID BY YOU IN CONNECTION WITH THE SERVICES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. OUR LIABILITY MAY ALSO BE FURTHER REDUCED BY THE AMOUNT OF THE LOSS THAT IS CAUSED BY YOUR OWN NEGLIGENCE OR LACK OF CARE, AS WELL AS ANY RECOVERY OF THE LOSS YOU OBTAIN FROM THIRD PARTIES. IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM US ANY CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALSPECIAL, INDIRECT, SPECIALOR EXEMPLARY DAMAGES, LOSSES OR EXPENSES (INCLUDING COUNSEL AND THIRD PARTY FEES OR FINES) OR LOST PROFITS, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT INTERRUPTION OR LOSS OF THE TERMS USE OF SERVICE OR YOUR ACCESSEQUIPMENT, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, (a) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR IN CONNECTION WITH ANY FAILURE EXPENSES; (b) EVEN IF SUCH DAMAGES, LOSSES OR EXPENSES WERE FORESEEABLE, (c) WHETHER ARISING UNDER THEORY OF PERFORMANCECONTRACT, ERRORTORT (INCLUDING NEGLIGENCE), OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION STRICT LIABILITY OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKOTHERWISE, AND YOU (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, OUR LIABILITY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWPERMISSIBLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE BANK WILL NOT BE LIABLE FOR ANY USER LOCATED WITHIN CALIFORNIA ERROR, FAILURE OR DELAY IN OUR ABILITY TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING ANY ERROR, FAILURE OR DELAY IN THE PROCESSING OF ANY TRANSFER, ARISING FROM OR RELATING TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING ANY ACT OF GOD, WAR (AND ELSEWHERE AS PERMITTED BY LAWDECLARED OR UNDECLARED), SABOTAGE, BLOCKADE, REVOLUTION, INSURRECTION, TERRORISM, CIVIL STRIFE, EXPROPRIATION, NATIONALIZATION, CHANGE IN LAW, GOVERNMENT ACTION, EMBARGO, SANCTION, ACCIDENT, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, PANDEMIC, EQUIPMENT FAILURE, SYSTEM FAILURE, TECHNICAL FAILURE, LABOR DISPUTE, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, OR THE FOLLOWING FAILURE OF ANY THIRD PARTY TO PROVIDE ANY ELECTRONIC, DIGITAL OR TELECOMMUNICATIONS SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL APPLY: YOU ALSO EXPRESSLY WAIVE NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUNO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. 13 Governing Law, NOW OR IN THE FUTUREForum, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542and Time Limits All actions relating to your Card and this Agreement will be governed by the laws and regulations of the United States and the State of New York, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEirrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated pursuant to Section 14 will be resolved in a federal or state court determined pursuant to Section 14.9. Except where prohibited by law, WHICHyou agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or New York State law, IF KNOWN BY HIM OR HERor another agreement you have with us, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORprovides for a shorter time. If federal or New York State law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE EVENT SHALL 11PATHS BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING (INCLUDING, WITHOUT LIMITATION NEGLIGENCELIMITATION, DIRECTLOST PROFITS, INCIDENTALLOSS OF BUSINESS, CONSEQUENTIAL, INDIRECT, SPECIALBUSINESS INTERRUPTION, OR PUNITIVE DAMAGES AND LOST PROFITS INFORMATION) ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OF OR INABILITY TO USE THE PLATFORMSEALSIGN PRODUCT (INCLUDING YOUR END USER’S USE OR INABILITY TO USE THE SEALSIGN PRODUCT), WHETHER IN CONTRACTTHE COST OF PROCUREMENT OR SUBSITITUTE GOODS AND SERVICES, TORT, NEGLIGENCE, STRICT LIABILITY STATEMENT OR OTHERWISECONDUCT OF ANY THIRD PARTY SERVICES OR PRODUCT, EVEN IF WE HAVE 11PATHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 11PATHS BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCESPECIAL, ERRORINCIDENTAL, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION BUSINESS, WHETHER DIRECT OR LIMITATION INDIRECT, LOSS OR CORRUPTION OF INCIDENTAL DATA), OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL DAMAGESLOSS OR DAMAGES BASED IN XXXX, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS TORT OR OTHERWISE. 11PATHS SHALL BE HAVE NO LIABILITYWITH RESPECT TO THE CONTENT OF THE SEALSIGN PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE EXTENT PERMITTED DISCLOSURE OF CONFIDENTIAL INFORMATION. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT THE LIABILITY OF EITHER PARTY FOR: (I) DEATH OR PERSONAL INJURY RESULTING FROM THAT PARTY’S NEGLIGENCE; OR (II) FRAUD OR FRAUDULENT MISREPRESENTATION. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT THE LIABILITY OF EITHER PARTYIN RESPECT OF ANY LIABILITY WHICH CANNOT BE EXCLUDED OR RESTRICTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, NEITHER TERADICI NOR ANY TERADICI SUPPLIER OR LICENSOR SHALL BE LIABLE OR OBLIGATED WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBJECT MATTER HEREOF OR UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISEOTHER LEGAL OR EQUITABLE THEORY: (A) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID TO TERADICI IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (C) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MORAL, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR COST SAVINGS) EVEN IF WE HAVE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (D) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (E) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE LICENSED PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION SIGNIFICANT PHYSICAL OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF OUR PLATFORM THE LICENSED PRODUCT IN HIGH RISK ACTIVITIES IS AT YOUR OWN DISCRETION NOT AUTHORIZED. THE PARTIES AGREE THAT THIS SECTION 6 REPRESENTS A REASONABLE ALLOCATION OF RISK AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO THAT TERADICI WOULD NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR PROCEED IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS ABSENCE OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILYALLOCATION.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE EVENT SHALL ALIGN BE LIABLE FOR DAMAGES COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY ANYONE. EXCEPT AS MAY BE SPECIFICALLY PROVIDED FOR IN SECTION X(A), ALIGN SHALL NOT BE LIABLE TO DISCUS OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEANY OTHER PERSON OR ENTITY UNDER ANY CONTRACT, DIRECTSTRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECTEXEMPLARY OR INDIRECT DAMAGES OR LOST PROFITS, SPECIALHOWEVER CAUSED, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT IN CONNECTION WITH THE SUBJECT MATTER OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORMTHIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE NOT ALIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. LIMITATION OF LIABILITY. IN NO EVENT SHALL DISCUS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY ANYONE. EXCEPT AS MAY BE SPECIFICALLY PROVIDED FOR IN SECTION X(A), DISCUS SHALL NOT BE LIABLE TO ALIGN OR ANY OTHER PERSON OR ENTITY UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OR LOST PROFITS, HOWEVER CAUSED, IN CONNECTION WITH ANY FAILURE THE SUBJECT MATTER OF PERFORMANCETHIS AGREEMENT, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION WHETHER OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE NOT DISCUS HAS BEEN ADVISED OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS POSSIBILITY OF SUCH WAIVER DAMAGE. TERMINATION AND MAKE SUCH WAIVER VOLUNTARILYRENEWAL RIGHTS; CHANGE OF CONTROL OF DISCUS Term. The term of the Agreement commences on the Effective Date and continues through December 31, 2006, unless terminated as set forth below.

Limitation of Liability. TO WE AND OUR DIVISIONS OR AFFILIATES ARE NOT INSURERS OF YOUR PROPERTY OR THE MAXIMUM EXTENT PERMITTED BY LAWPERSONAL SAFETY OF ANYONE ON YOUR PREMISES. YOU MUST OBTAIN ALL PROPERTY, UNDER NO CIRCUMSTANCESLIFE, WILL SNAPPET, ITS AFFILIATESHEALTH, OR ANY PARTY INVOLVED DISABILITY INSURANCE. THE PAYMENTS REQUIRED ARE BASED SOLELY UPON THE VALUE OF THE SERVICE, AND NOT ON THE VALUE OF YOUR PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN CREATINGOR ON YOUR PREMISES. WE MAKE NO GUARANTEE OR WARRANTY, PRODUCINGINCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SERVICE WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM, WHICH THE SERVICES ARE DESIGNED TO DETECT OR AVERT. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE IN ADVANCE (1) THE VALUE OF YOUR PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PREMISES, WHICH MAY BE LOST, STOLEN, OR DELIVERING DAMAGED IF THE PLATFORM SERVICE IS NOT PERFORMED PROPERLY; (2) THE RESPONSE TIME OF THE CENTRAL STATION, LAW-ENFORCEMENT AGENCY, FIRE DEPARTMENT, PARAMEDIC UNIT, OR HARDWARE ALARM RESPONSE SERVICE; OR (3) WHAT PORTION, IF ANY, OF A LOSS, DAMAGE, PERSONAL INJURY, OR DEATH WOULD BE PROXIMATELY CAUSED BY OUR FAILURE TO PERFORM OR OUR ACTIVE OR PASSIVE NEGLIGENCE. IF WE ARE FOUND LIABLE FOR DAMAGES LOSS, DAMAGE, OR LOSSES INCLUDING WITHOUT LIMITATION INJURY OF ANY KIND WHATSOEVER FROM OUR FAILURE TO PERFORM ANY OF OUR OBLIGATIONS UNDER THIS AGREEMENT, FAILURE OF THE SERVICE IN ANY MANNER, BREACH OF WARRANTY, OR OUR ACTIVE OR PASSIVE NEGLIGENCE, DIRECTTHEN OUR LIABILITY IS LIMITED TO A SUM EQUAL TO YOUR TOTAL ANNUAL SERVICE CHARGE OR $1,000, INCIDENTALWHICHEVER IS GREATER. THIS IS NOT A PENALTY. THIS IS YOUR ONLY REMEDY REGARDLESS OF THE LEGAL THEORY USED TO FIND THE ALARM RESPONSE SERVICE, CONSEQUENTIAL, INDIRECT, SPECIALCENTRAL STATION, OR PUNITIVE DAMAGES US LIABLE. YOU MAY OBTAIN A HIGHER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL CHARGE. IF YOU ELECT THIS OPTION, A RIDER WILL BE ATTACHED TO THIS AGREEMENT STATING THE TERMS, CONDITIONS, AND LOST PROFITS ARISING OUT AMOUNT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE LIMITED LIABILITY AND THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ADDITIONAL CHARGE. WE ARE NOT AN INSURER EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM A RIDER IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE PROVIDED TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY NEITHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE SHALL BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEANY SPECIAL, DIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECT, SPECIALEXEMPLARY OR INDIRECT DAMAGES, OR PUNITIVE LOSSES OR DAMAGES AND FOR LOST REVENUE OR LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOF, OR IN CONNECTION WITH THIS AGREEMENT; PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NOT APPLY IN THE CASE OF AMOUNTS OWED BY ALABAMA POWER TO THIRD PARTIES AND FOR WHICH ALABAMA POWER IS ENTITLED TO INDEMNIFICATION UNDER ARTICLE 11. ALABAMA POWER SHALL HAVE NO LIABILITY TO QF UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY FAILURE OR INABILITY OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION QF TO CONSUMMATE ANY SALE OF ENVIRONMENTAL ATTRIBUTES OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE TO HAVE ANY ENVIRONMENTAL ATTRIBUTES CERTIFIED BY ANY ORGANIZATION FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMPURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY QF SHALL INDEMNIFY AND HOLD ALABAMA POWER HARMLESS FROM ANY COSTS REASONABLY INCURRED BY ALABAMA POWER IN SUCH JURISDICTIONS SHALL BE LIMITED DEFENDING ANY CLAIM RELATED TO THE EXTENT PERMITTED ENVIRONMENTAL ATTRIBUTES GENERATED BY LAW. THE QF, INCLUDING ANY CLAIM RELATED TO FAILURE OR INABILITY TO CONSUMMATE A SALE OF SUCH ENVIRONMENTAL ATTRIBUTES OR TO CERTIFY SUCH ENVIRONMENTAL ATTRIBUTES FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORPURPOSE.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. YOU ASSUME FULL AND COMPLETE LIABILITY FOR YOUR USE OF THE SOFTWARE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, EVENT SHALL HEXAGON OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE SUPPLIERS BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIALPUNITIVE, OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT AND/OR THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OF OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISESOFTWARE PRODUCT, EVEN IF WE HAVE HEXAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HEXAGON BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY ARISING OUT OF, OR IN CONNECTION WITH WITH, THE DOWNLOADING, VIEWING, USE, DUPLICATION, DISTRIBUTION OR DISCLOSURE OF ANY FAILURE OF PERFORMANCESAMPLE DATA PROVIDED BY HEXAGON, ERRORINCLUDING, OMISSIONBUT NOT LIMITED TO, INTERRUPTIONANY CLAIM, DEFECTLIABILITY OR DIRECT, DELAY IN OPERATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEMCONSEQUENTIAL DAMAGES, OR LOSS OR CORRUPTION OF DATA RESULTING THEREFROMARISING FROM, OUT OF OR IN CONNECTION WITH, THE SAMPLE DATA OR THE USE OR OTHER DEALINGS WITH THE SAMPLE DATA. HEXAGON’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS XXXX SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO HEXAGON FOR THE SOFTWARE PRODUCT OR SOFTWARE SUBSCRIPTION AT ISSUE AT THE TIME THE INITIAL EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS XXXX MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESLIABILITY, SNAPPET’S THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN HEXAGON LIMITS ITS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, ITS AFFILIATES, COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY INVOLVED IN CREATINGFOR ANY LOST PROFIT OR ANY INDIRECT, PRODUCINGCONSEQUENTIAL, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTEXEMPLARY, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, PRODUCTS OR THIRD PARTY SITES AND LOST PROFITS ARISING OUT PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF THE TERMS REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR YOUR ACCESSANTICIPATED SAVINGS, LOSS OF USE, MISUSELOSS OF GOODWILL, OR INABILITY TO USE THE PLATFORMLOSS OF DATA, AND WHETHER IN CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. AND USE OF OUR PLATFORM IS THE SITE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, SYSTEM OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED NOTWITHSTANDING ANYTHING TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW MAXIMUM AGGREGATE LIABILITY OF COMPANY ARISING OUT OF OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING ANY WAY RELATED TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND THE ACCESS AND ACKNOWLEDGE USE OF THE SIGNIFICANCE AND EFFECTS SITE, CONTENT NFTS OR ANY PRODUCT OR SERVICES PURCHASES ON THE SITE EXCEED US$100. THE FOREGOING LIMITATIONS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILYLIABILITY SHALL NOT APPLY TO LIABILITY OF COMPANY FOR PERSONAL INJURY CAUSED BY COMPANY’S NEGLIGENCE OR ANY INJURY CAUSED BY COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Limitation of Liability. EXCEPT FOR MKS’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, MKS’ TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE TERMINATION THEREOF, AND/OR LICENSE OF THE SOFTWARE AND DOCUMENTATION HEREUNDER AND THE PROVISION OF MAINTENANCE, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED AMOUNT HAVING THEN ACTUALLY BEEN PAID BY LAW, YOU TO MKS UNDER THIS AGREEMENT. IN NO CIRCUMSTANCES, WILL SNAPPET, EVENT SHALL MKS OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE LICENSORS BE LIABLE FOR DAMAGES ANY LOSS OF OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEDAMAGE TO DATA, DIRECTLOSS OF INCOME, INCIDENTALLOSS OF OPPORTUNITY OR LOST PROFITS, CONSEQUENTIALCOST OF RECOVERY, OR COSTS OF SUBSTITUTE PRODUCTS. IN NO EVENT SHALL MKS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE OR PUNITIVE DAMAGES SIMILAR DAMAGES, HOWEVER CAUSED AND LOST PROFITS ARISING OUT ON ANY THEORY OF THE TERMS LIABILITY, AND WHETHER OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN NOT FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE AND WHETHER OR NOT MKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, . THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY BREACH OF A FUNDAMENTAL TERM OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION MKS’ AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR ITS LICENSORS’ LIMITATION OF INCIDENTAL LIABILITY IS CUMULATIVE, WITH ALL MKS’ EXPENDITURES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. You shall not have the right to bring any action or claim arising out of this Agreement, whether for breach of contract, negligence or otherwise, more than one (1) year after the cause of such action or claim has arisen. THE EXISTENCE OF CLAIMS OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SUITS AGAINST MORE THAN ONE MKS PRODUCT LICENSED UNDER THIS AGREEMENT SHALL BE LIMITED TO NOT ENLARGE OR EXTEND THE EXTENT PERMITTED BY LAWLIMIT. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORThe provisions of this Section 12 shall survive any termination of this Agreement.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCESWE ARE NOT LIABLE FOR ANY CLAIMS, WILL SNAPPETCOSTS, ITS AFFILIATESLOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY PARTY INVOLVED IN CREATINGDELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, PRODUCINGUNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR DELIVERING OTHER CIRCUMSTANCES BEYOND THE PLATFORM REASONABLE CONTROL OF BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR HARDWARE TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSEDAMAGES, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, DAMAGES OF ANY KIND EVEN IF WE HAVE BEEN ADVISED YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. ALL BANK SERVICES AND SECURED ACCOUNT AND CHARGE CARD ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR SECURED ACCOUNT AND CHARGE CARD ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF THE SERVICE PROVIDER PLATFORM OR SERVICES OR PRODUCTS PROVIDED TO YOU BY SERVICE PROVIDER. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF VIRUSES RELATED TO THE SERVICES AND/OR PRODUCTS OF SERVICE PROVIDER AND/OR THE SERVICE PROVIDER PLATFORM. YOU AGREE THAT THE AMOUNT OF ANY CLAIM YOU HAVE AGAINST US IN CONNECTION WITH ANY FAILURE OF PERFORMANCESECURED ACCOUNT OR CHARGE CARD ACCOUNT OR TRANSACTION WITH US, ERRORWHETHER BROUGHT AS A WARRANTY, OMISSIONNEGLIGENCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSWRONGFUL DISHONOR, OR LINE OTHER ACTION, IS SUBJECT TO REDUCTION TO THE EXTENT THAT: 1) NEGLIGENCE OR SYSTEM FAILURE. FAILURE TO USE REASONABLE CARE ON YOUR PART, OR ON THE PARTY OF ANY OF YOUR AGENTS OR EMPLOYEES, CONTRIBUTED TO THE LOSS WHICH IS THE BASIS OF YOUR CLAIM AND 2) DAMAGES COULD NOT BE AVOIDED BY OUR USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, ORDINARY CARE. ANY LOSS RECOVERY YOU OBTAIN FROM THIRD PARTIES ON A PARTICULAR CLAIM WILL REDUCE THE AMOUNT OF ANY OBLIGATIONS WE MAY HAVE TO YOU ON THAT CLAIM AND YOU WILL IMMEDIATELY NOTIFY US OF ANY SUCH RECOVERY. YOU AGREE TO PURSUE ALL RIGHTS YOU MAY HAVE UNDER ANY INSURANCE POLICY YOU MAINTAIN IN CONNECTION WITH ANY LOSS AND TO PROVIDE US INFORMATION REGARDING COVERAGE. OUR LIABILITY WILL BE SOLELY RESPONSIBLE REDUCED BY THE AMOUNT OF ANY INSURANCE PROCEEDS YOU RECEIVE OR ARE ENTITLED TO RECEIVE IN CONNECTION WITH THE LOSS. IF WE REIMBURSE YOU FOR ANY DAMAGE A LOSS COVERED BY INSURANCE, YOU AGREE TO ASSIGN US YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW RIGHTS UNDER THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED INSURANCE TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORYOUR REIMBURSEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAWNEITHER CLOUDNEXA NOR ITS OFFICERS, UNDER NO CIRCUMSTANCESMEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR REPRESENTATIVES WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, (EVEN IF WE HAVE CLOUDNEXA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY FAILURE ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSTHE SITES, OR LINE ANY LOSS, BUSINESS INTERRUPTION OR SYSTEM FAILURE. OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKTHE SITES. TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION RENDERS JUDGMENT AGAINST CLOUDNEXA, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEMNOTWITHSTANDING THE FOREGOING, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S CLOUDNEXA'S LIABILITY IN SUCH JURISDICTIONS CONNECTION WITH YOUR USE OF THE SITES SHALL BE LIMITED TO THE EXTENT PERMITTED AMOUNT PAID BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN CONNECTION WITH SUCH USE IN THE FUTURE, UNDER ONE (1) MONTH PERIOD PRECEDING THE TERMS DATE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND THE EVENT GIVING RISE TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORESSENTIAL PURPOSE OF ANY LIMITED REMEDY.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. IF WE ARE LIABLE TO YOU PURSUANT TO THE MAXIMUM EXTENT PERMITTED BY LAWTERMS AND CONDITIONS OF THIS AGREEMENT OR OTHERWISE, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE YOU EXPRESSLY HEREBY AGREE THAT WE SHALL BE LIABLE ONLY FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEYOUR ACTUAL DAMAGES, AND IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES AND LOST PROFITS ARISING OUT FOR LOSS OF THE TERMS OR YOUR ACCESSPROFITS, GOODWILL, USE, MISUSE, DATA OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISEOTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY WHICH YOU MAY ASSERT, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM OUR ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL APPLY IN ALL CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO: (I) THE INSTALLATION, USE, OR IN CONNECTION WITH MAINTENANCE OF ANY FAILURE EQUIPMENT, SOFTWARE, AND/OR; THE A2A SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF PERFORMANCEYOUR TRANSMISSIONS OR OTHER DATA; (III) THE USE, ERRORINABILITY TO USE, OMISSIONUNAUTHORIZED USE, INTERRUPTIONPERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER WEB SITE, DEFECT, DELAY IN OPERATION EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR (VI) ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED OTHER MATTER RELATING TO THE EXTENT PERMITTED BY LAWA2A SERVICE. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)Subject to the foregoing limitations, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUour liability for loss of interest resulting from our error or delay shall be calculated by using a rate equal to the average Federal Funds rate for the period involved. At our option, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORpayment of such interest may be made by crediting any of your accounts resulting from or arising out of any claim of any person that we are responsible for any act or omission of you or any other person described in this section.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED NOT PROHIBITED BY LAW, OWNER’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE VALUE OF RENTAL FEES PAID BY CUSTOMER AND RECEIVED BY OWNER UNDER THIS CONTRACT OR $100, WHICHEVER IS GREATER, AND OWNER SHALL HAVE NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, LIABILITY TO CUSTOMER OR ANY THIRD-PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, ANY INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN BASED ON CONTRACT, TORT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. (o) USED EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EVEN IF WE HAVE BEEN ADVISED USED EQUIPMENT IS SOLD IN AN AS IS, WHERE IS CONDITION. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY OR CONDITION OF THE POSSIBILITY EQUIPMENT, OR ITS SUITABILITY FOR ANY USE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF SUCH DAMAGESMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPRESSLY AGREED UPON IN WRITING BETWEEN THE PARTIES. SELLER SHALL HAVE NO LIABILITY TO BUYER HEREUNDER OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCETHE EQUIPMENT, ERRORINCLUDING WITHOUT LIMITATION, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMPROFIT, LOSS OF INCOME, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, LIQUIDATED, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS FOREGOING TERMS AND CONDITIONS SHALL BE LIMITED TO DEEMED ACCEPTED UPON PAYMENT FOR THE EXTENT PERMITTED BY LAWEQUIPMENT. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.p) STATUTORY

Limitation of Liability. If an Assessment does not perform properly due to the fault of the Questionmark Technology, Questionmark shall allow the affected Participants to retake the Assessment at no additional charge and this shall be Customer’s sole remedy for Questionmark’s non-performance. IN NO EVENT SHALL QUESTIONMARK'S TOTAL AGGREGATE LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, CUSTOMER OR ANY OTHER PARTY INVOLVED EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN CREATING, PRODUCING, THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM AND IN NO EVENT SHALL QUESTIONMARK AND/OR DELIVERING THE PLATFORM OR HARDWARE ITS LICENSORS BE LIABLE TO ANYONE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEANY INDIRECT, DIRECTPUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIALCONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, INDIRECTREVENUE, SPECIALPROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF IN ANY WAY CONNECTED WITH THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SERVICES EVEN IF WE QUESTIONMARK OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL EXCLUDE QUESTIONMARK’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS GROSS NEGLIGENCE, FRAUD, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL OTHER LIABILITY WHICH CANNOT BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED PROPERLY EXCLUDED BY LAW. FOR QUESTIONMARK SHALL HAVE NO LIABILITY WITH RESPECT TO CUSTOMER’S USE OF THE SERVICES WHERE QUESTIONMARK IS PROVIDING A FREE TRIAL. NOTWITHSTANDING ANY USER LOCATED WITHIN CALIFORNIA (OTHER PROVISION OF THIS AGREEMENT, IN THE EVENT THAT CUSTOMER RE-ORDERS FROM QUESTIONMARK, CUSTOMER EXPRESSLY WAIVES AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE FOREVER RELEASES QUESTIONMARK FROM ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUCLAIMS, NOW DEMANDS, DAMAGES, LAWSUITS, LIABILITIES, LOSSES, JUDGMENTS, AND/OR COSTS RELATED TO OR IN ANY WAY CONNECTED WITH ITS USE OF THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSERVICES DURING ANY PRIOR PERIOD.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. BY USING THE MATERIALS AND INFORMATION, YOU UNDERSTAND AND AGREE THAT CLEVELAND CLINIC DOES NOT ASSUME ANY LIABILITY AND HAS NO RESPONSIBILITY FOR THE PAYMENT OF ANY DAMAGES, OF ANY KIND (INCLUDING CLAIMS ARISING OUT OF OR RELATED TO PRODUCT LIABILITY, NEGLIGENCE, FAILURE TO WARN, WARRANTY, USE OR INABILITY TO USE, PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES OR LIABILITY MAY BE BASED AND WHETHER OR NOT CLEVELAND CLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LIABILITY), FOR YOUR USE OF THE INFORMATION OR MATERIALS, YOUR PRODUCT OR ANY OTHER PRODUCT MANUFACTURED BY YOU OR ANY OTHER THIRD PARTY BASED ON OR DERIVED FROM THE INFORMATION OR MATERIALS PROVIDED OR THE USE MANUFACTURE, SALE, MAINTENANCE OR SUPPORT OF YOUR PRODUCT OR ANY OTHER VARIATION OF THE PRODUCT BY YOU OR ANY THIRD PARTY. THE USE OF THE INFORMATION AND MATERIALS PROVIDED AND THE MANUFACTURE, DISTRIBUTION AND USE OF YOUR PRODUCT IS AT YOUR OWN EXPENSE AND RISK AND IS INTENDED SOLELY TO ASSIST WITH THE PUBLIC HEALTH AND MEDICAL RESPONSE TO THE MAXIMUM EXTENT PERMITTED BY LAWCOVID-19 PANDEMIC. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, UNDER NO CIRCUMSTANCESCONTRACT, WILL SNAPPETTORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS CLEVELAND CLINIC, ITS AFFILIATESOFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR ANY PARTY INVOLVED IN CREATINGINDIRECT, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. IN THE EVENT A LAW PROHIBITS THE ABOVE LIMITATION OF LIABILITY, YOU UNDERSAND AND AGREE THAT THE TOTAL LIABILITY OF CLEVELAND CLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. IN NO EVENT SHALL CLEVELAND CLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT PUNITIVE, RESULTING FROM ANY USE OF THE TERMS WEBSITE OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, MATERIALS ARE EXCLUDED EVEN IF WE HAVE CLEVELAND CLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. No Warranties No warranties with respect to the information and materials are given. Cleveland Clinic makes no express, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCEimplied or statutory warranties of any kind whatsoever, ERRORincluding, OMISSIONbut not limited to, INTERRUPTIONregarding the information, DEFECTmaterials or any PRODUCT resulting therefrom, DELAY IN OPERATION OR TRANSMISSIONtheir accuracy, COMPUTER VIRUSfunctionality or any outcome or results from use of the information/material or freedom from patent, OR LINE OR SYSTEM FAILUREcopyright or trademark infringement, information content or integration. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKCleveland Clinic expressly disclaims the implied warranties of fitness for a particular purpose, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORmerchantability and title.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT (OR RELATING TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER MTCONNECT® MATERIALS OR OTHER CONTENT INCLUDED IN THIS SITE) IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO MTCONNECT® IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, ITS AFFILIATES, ANY OF THE AMT PARTIES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM THIS SITE, OR HARDWARE ANY OF THEIR RESPECTIVE MEMBERS, SPONSORS, AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY THIS SITE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY SITES OR MATERIALS LINKED-TO OR ACCESSIBLE FROM THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF THE REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKTHIS SITE, YOU RELEASE THE AMT PARTIES FROM ANY CLAIMS, DEMANDS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS DAMAGES OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION EVERY KIND AND NATURE ARISING OUT OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTUREANY WAY CONNECTED WITH SUCH A DISPUTE. These limitations apply whether the alleged liability is based on contract, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542tort, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEnegligence, WHICHstrict liability, IF KNOWN BY HIM OR HERor any other basis, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOReven if the MTConnect® Institute, AMT and/or TAG has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the AMT Parties’ liability in such jurisdictions shall be limited to the extent permitted by law.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT FOR cellasys’s INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, YOU AGREE THAT NEITHER cellasys NOR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCINGSUPPLIERS, OR DELIVERING THE PLATFORM OR HARDWARE AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR DAMAGES ANY LOSS OF DATA OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEPRIVACY, DIRECTLOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE PRODUCT, MAINTENANCE OR ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, OR DAMAGE ARISING FROM YOUR USE OF THIRD PARTY PRODUCTS OR HARDWARE OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE TERMS USE OF THE PRODUCT OR MAINTENANCE; OR YOUR ACCESSEXPORTATION, USE, MISUSEREEXPORTATION, OR INABILITY TO USE IMPORTATION OF THE PLATFORMPRODUCT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY HARDWARE OR OTHERWISE, MAINTENANCE,. THIS LIMITATION WILL APPLY EVEN IF WE cellasys, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR cellasys’s INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF cellasys, ITS AFFILIATES, SUPPLIERS, OR IN CONNECTION WITH ANY FAILURE AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE PRODUCT AND/OR MAINTENANCE TERM AT ISSUE. YOU ACKNOWLEDGE THAT THE PRODUCT AND MAINTENANCE FEES REFLECT THESE ALLOCATIONS OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURERISK. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT PERMITTED BY LAWYOU. FOR ANY USER LOCATED WITHIN CALIFORNIA For purposes of this Section, the term "AFFILIATE" shall mean any legal entity fifty percent (AND ELSEWHERE AS PERMITTED BY LAW)50%) or more of the voting interests in which are owned directly or indirectly by cellasys. AFFILIATES, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUSUPPLIERS, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORand authorized distributors are intended to be third party beneficiaries of this AGREEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCESTHEORY OF LIABILITY, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF WILL THE POSSIBILITY OF SUCH ALTWORK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCELOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, ERRORINCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSOFFENSIVE, OR LINE OR SYSTEM FAILUREILLEGAL. ACCESS TO, AND USE OF OUR PLATFORM OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW IN NO EVENT WILL THE EXCLUSION AGGREGATE LIABILITY OF THE ALTWORK ENTITIES EXCEED THE GREATER OF FIFTY U.S. DOLLARS ($50) OR ANY AMOUNT YOU PAID ALTWORK IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE ALTWORK ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR LAW IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORAPPLICABLE JURISDICTION.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. We are not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms and Condition of Sale, including, but not limited to: • your use of or your inability to use Wagonway; • delays in the delivery of any Goods, including project delays caused by such delays in the delivery of Goods; • delays or disruptions in Wagonway or related services; • a suspension or other action taken with respect to your Account; • loss of power, loss of business operation, building damage, personal injury, or fire or flood damage caused by use of Goods sold by us; • work quality or damages caused by any recommended subcontractor(s). ADDITIONALLY, TO THE MAXIMUM FULLEST EXTENT PERMITTED PROVIDED BY LAW, UNDER IN NO CIRCUMSTANCESEVENT WILL THE COMPANY, WILL SNAPPET, ITS AFFILIATESOUR LICENSORS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE OUR AFFILIATES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEANY SPECIAL, DIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECT, SPECIALEXEMPLARY, OR PUNITIVE DAMAGES INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND LOST PROFITS REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF THE COMPANY, OR OUR AFFILIATES, OUR LICENSORS, TO ANY CLIENT FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $2,500; OR YOUR ACCESS, USE, MISUSE, (B) ANY FEES RETAINED BY US WITH RESPECT TO THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY IN CONNECTION WITH ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR INABILITY TO USE IN CONNECTION WITH THIS AGREEMENT OR THE PLATFORMOTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR IN CONNECTION WITH DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL THAT CANNOT BE LIMITED TO THE EXTENT PERMITTED BY OR EXCLUDED UNDER APPLICABLE LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. In no event shall we, or our directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Sites, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCESXXX XXXXXX DISCLAIMS ANY AND ALL LIABILITY FOR LOSS, WILL SNAPPET, ITS AFFILIATES, INJURY OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DAMAGE (DIRECT, INCIDENTALINDIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ) ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH USE OF THE SITES INCLUDING WITHOUT LIMITATION ANY FAILURE AND ALL LIABILITY: • RELATING TO THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OWNERSHIP, NON-INFRINGEMENT, OPERATION, MERCHANTABILITY AND FITNESS FOR PURPOSE OF PERFORMANCETHE CONTENT; • RELATING TO ITS WORK PROCURING, ERRORCOMPILING, OMISSIONINTERPRETING, EDITING, REPORTING AND PUBLISHING THE CONTENT; • RELATING TO ANY INTERRUPTION, DEFECT, DELAY IN FAILURE OR CESSATION OF OPERATION OR TRANSMISSION; • RESULTING FROM ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITES; • RESULTING FROM RELIANCE UPON, COMPUTER OPERATION OF, USE OF OR ACTIONS OR DECISIONS MADE ON THE BASIS OF, ANY FACTS, OPINIONS, IDEAS, INSTRUCTIONS, METHODS, OR PROCEDURES SET OUT ON THE SITES; • ARISING OUT OF OR RELATING TO THE MISUSE OF OR INAPPROPRIATE RELIANCE ON THE CONTENT OF THE SITES; AND • RESULTING FROM ANY VIRUS, WORM, TROJAN, TIME-BOMBS, KEYSTROKE LOGGERS, SPYWARE, ADWARE OR LINE ANY OTHER KIND OF MALWARE OR SYSTEM FAILURECONTAMINATION OF COMPUTING EQUIPMENT. USE OF OUR PLATFORM IS AT YOU SHOULD CARRY OUT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE EVALUATION / VERIFICATION EXERCISE BEFORE CHOOSING TO RELY UPON ANY OF THE CONTENT IN ANY WAY. THIS DOES NOT AFFECT XXX’S LIABILITY FOR ANY DAMAGE TO YOUR DEVICE DEATH OR COMPUTER SYSTEMPERSONAL INJURY ARISING FROM XXX’S NEGLIGENCE, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPETARI’S LIABILITY IN SUCH JURISDICTIONS SHALL FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED TO THE EXTENT PERMITTED BY UNDER APPLICABLE LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA Viruses, hacking and other offences You must not misuse the Sites by knowingly introducing (AND ELSEWHERE AS PERMITTED BY LAWor transmitting data, sending or uploading any material that contains) viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware, logic bombs or other material, programs or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware of the Sites. You must not attempt to gain unauthorized access to the Sites, the server on which the Sites is stored or any server, computer or database connected to the Sites. You must not attack the Sites via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, Your rights to use the Sites will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer. You acknowledge that you are solely responsible for any Information that you choose to disclose and make publicly accessible via the Sites, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such Information. You acknowledge that any information posted to publicly accessible areas may remain publicly accessible indefinitely. In consideration of your continuing use of the Sites, we shall be entitled, without further obligation, to retain, disclose or otherwise use the Information for any purpose. Also, in consideration of your continuing use of the Sites, you hereby assign all your interest in intellectual property rights in such information to us as a continuing obligation, with full title guarantee for the full duration of such rights, wherever in the world where ever they are enforceable. You agree to execute all documents and assignments and do all such things necessary to ensure that we are able to enjoy the benefits of the rights under this condition. You will not take any action prejudicial to the subsistence of the intellectual property rights in the Information and from any action prejudicial to the assignment pursuant to this condition. Prohibited Use You may only use the Sites for lawful purposes. You may not use the Sites: • in any way that breaches any applicable local, national or international law or regulation; • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent, purpose or effect; • to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). If you breach these Terms of Use, we will terminate any applicable licenses and/or block your IP address from accessing the Sites and/or withdraw your right to use the Sites (or any part of the Sites), THE FOLLOWING SHALL APPLYimmediately. You also agree: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU• not to reproduce, NOW OR IN THE FUTUREduplicate, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542copy or re-sell any part of the Sites in contravention of these Terms of Use; • not to access without authority, WHICH PROVIDES AS FOLLOWSinterfere with, damage or disrupt: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORo any part of the Sites; o any equipment or network on which the Sites is stored; o any software used in the provision of the Sites; or o any equipment or network or software owned or used by any third party.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE CIRCUMSTANCES SHALL SOTI BE LIABLE FOR DAMAGES OF THIRD PARTIES CLAIMED AGAINST THE LICENSEE OR PERSONAL INJURY, DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION AND/OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCECOSTS ASSOCIATED WITH DATA USAGE OVER COMMUNICATION NETWORKS (E.G. CELLULAR), DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, RELATED TO LICENSEE’S USE OR INABILITY TO USE THE PLATFORMUTILITY, WHETHER IN HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY TORT OR OTHERWISE, ) AND EVEN IF WE HAVE SOTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WILL SOTI BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH WITH, ANY ALLEGED OR ACTUAL IMPROPER USE OR INSTALLATION OF THE UTILITY BY LICENSEE, ALLEGED OR ACTUAL NEGLIGENT ACTS OR OMISSIONS, WILLFUL MISCONDUCT, FRAUD OR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY THE UTILITY DUE TO THIRD PARTY SOFTWARE OR THE LICENSEE’S COMPUTER NETWORK. IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE NO EVENT SHALL SOTI’S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA FIFTY DOLLARS (AND ELSEWHERE AS PERMITTED BY LAW$50.00 USD), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. In no event will Magnet Forensics be liable under this Agreement or any SOW for any damages other than Your direct damages to the extent arising from Magnet Forensics’ fraud or willful misconduct, and in no event, shall Magnet Forensics’ aggregate liability exceed the amounts paid by You to Magnet Forensics for the Forensic Services giving rise to such damages. EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED IN THIS SECTION 6 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE EVENT SHALL MAGNET FORENSICS BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSEDAMAGES, OR INABILITY TO DAMAGES FOR LOSS OF PROFITS, DATA, USE OR OPPORTUNITY, THE PLATFORMCORRUPTION OF DATA, THE PERFORMANCE AND NON-PERFORMANCE OF ANY PRODUCT OR SERVICE, AND ANY BUGS OR DAMAGES CAUSED BY THIRD PARTY FILES, INCLUDING IF THE THIRD PARTY FILES CONTAIN MALICIOUS CODE AND/OR VIRUSES, WHETHER IN CONTRACTOR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, TORT, NEGLIGENCE, STRICT LIABILITY AND WHETHER OR OTHERWISE, EVEN IF WE HAVE BEEN NOT MAGNET FORENSICS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGNET FORENSICS SHALL ONLY BE LIABLE TO YOU AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND SHALL HAVE NO OTHER OBLIGATION, DUTY OR LIABILITY TO YOU. FOR ANY USER LOCATED WITHIN CALIFORNIA (THE LIMITATIONS, EXCLUSIONS AND ELSEWHERE AS PERMITTED DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY. IN THE FUTURENO EVENT SHALL ANY OFFICER, UNDER THE TERMS DIRECTOR, EMPLOYEE, AGENT, SUPPLIER, SUBCONTRACTOR, OR INDEPENDENT CONTRACTOR OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND MAGNET FORENSICS OR ANY AFFILIATES OF MAGNET FORENSICS HAVE ANY LIABILITY ARISING FROM OR RELATED TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORTHIS AGREEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCESWE ARE NOT LIABLE FOR ANY CLAIMS, WILL SNAPPETCOSTS, ITS AFFILIATESLOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY PARTY INVOLVED IN CREATINGDELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, PRODUCINGUNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR DELIVERING OTHER CIRCUMSTANCES BEYOND THE PLATFORM REASONABLE CONTROL OF THE BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR HARDWARE TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OR DAMAGES OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ANY KIND EVEN IF WE HAVE BEEN ADVISED YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD-PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD-PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD-PARTY SHALL BE DEEMED TO BE OUR AGENT. ALL BANK SERVICES AND ACCOUNT OR CARD FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT OR CARD FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR -FREE, OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF THE SERVICE PROVIDER PLATFORM OR SERVICES ANY OTHER PRODUCTS PROVIDED TO YOU BY THE SERVICE PROVIDER. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD-PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND LACK OF VIRUSES RELATED TO THE SERVICES AND/OR PRODUCTS OF SERVICE PROVIDER AND/OR THE SERVICE PROVIDER PLATFORM. YOU AGREE THAT THE AMOUNT OF ANY CLAIM YOU HAVE AGAINST US IN CONNECTION WITH ANY ACCOUNT OR TRANSACTION WITH US, WHETHER BROUGHT AS A WARRANTY, NEGLIGENCE, WRONGFUL DISHONOR OR OTHER ACTION, IS SUBJECT TO REDUCTION TO THE EXTENT THAT: 1) NEGLIGENCE OR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSTO USE REASONABLE CARE ON YOUR PART, OR LINE ON THE PARTY OF ANY OF YOUR AGENTS OR SYSTEM FAILURE. EMPLOYEES, CONTRIBUTED TO THE LOSS WHICH IS THE BASIS OF YOUR CLAIM AND 2) DAMAGES COULD NOT BE AVOIDED BY OUR USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, ORDINARY CARE. ANY LOSS RECOVERY YOU OBTAIN FROM THIRD-PARTIES ON A PARTICULAR CLAIM WILL REDUCE THE AMOUNT OF ANY OBLIGATIONS WE MAY HAVE TO YOU ON THAT CLAIM AND YOU WILL IMMEDIATELY NOTIFY US OF ANY SUCH RECOVERY. YOU AGREE TO PURSUE ALL RIGHTS YOU MAY HAVE UNDER ANY INSURANCE POLICY YOU MAINTAIN IN CONNECTION WTH ANY LOSS AND TO PROVIDE US INFORMATION REGARDING COVERAGE. OUR LIABILITY WILL BE SOLELY RESPONSIBLE REDUCED BY THE AMOUNT OF ANY INSURANCE PROCEEDS YOU RECEIVE OR ARE ENTITLED TO RECEIVE IN CONNECTION WITH THE LOSS. IF WE REIMBURSE YOU FOR ANY DAMAGE A LOSS COVERED BY INSURANCE, YOU AGREE TO ASSIGN US YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW RIGHTS UNDER THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED INSURANCE TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORYOUR REIMBURSEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE EVENT SHALL RECART BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEANY INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECTECONOMIC, SPECIAL, INCIDENTAL OR PUNITIVE CONSEQUENTIAL LOSSES OR DAMAGES AND LOST PROFITS ARISING OUT RELATED TO: (A) THE SERVICES OR TESTING TOOL; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE TERMS SERVICES OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TESTING TOOL; (F) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY RECART OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR TESTING TOOL; (G) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY FAILURE ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; (I) ANY VIOLATION OR ALLEGED VIOLATION OF PERFORMANCECALLING LAWS PURSUANT TO THE USE OF THE SERVICES OR TESTING TOOL, OR (J) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSLINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR LINE COMPUTER FAILURE OR SYSTEM FAILUREMALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF RECART HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. USE IN NO EVENT WILL RECART’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO RECART IN THE PAST TWELVE MONTHS. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT RECART’S OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE RECART’S LIABILITY FOR RECART’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OFYOUR RELATIONSHIP WITH RECART. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKRECART’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER RECART CONTENT OWNED OR CONTROLLED BY RECART, AND YOU WILL BE SOLELY RESPONSIBLE FOR HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEMWEB SITE, PROPERTY, PRODUCT, SERVICE, OR LOSS OTHER RECART CONTENT OWNED OR CONTROLLED BY RECART. THE OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE THESE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH SERVICE OR YOUR USE OF THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSERVICES.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. STA'S TOTAL LIABILITY AND DISTRIBUTOR'S EXCLUSIVE REMEDIES AGAINST STA FOR ANY DAMAGE CAUSED BY ANY PRODUCT DEFECT OR FAILURE, OR ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY WORK, REGARDLESS OF THE FORM OR CHARACTERIZATION OF THE CLAIM ASSERTED (e.g., BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT, INDEMNIFICATION, OR OTHERWISE) SHALL BE: (I) FOR BREACH OF WARRANTY, THE REMEDIES SET FORTH IN SECTION 14; (II) FOR PATENT INFRINGEMENT, THE REMEDIES SET FORTH IN SECTION 20; AND (III) FOR LOSS OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR FOR PERSONAL INJURY TO THE MAXIMUM EXTENT PERMITTED CAUSED BY LAWSTA, UNDER DISTRIBUTOR'S RIGHT TO PROVEN ACTUAL DAMAGES. IN NO CIRCUMSTANCESEVENT SHALL STA, WILL SNAPPETINCLUDING ITS OFFICERS, ITS AFFILIATESDIRECTORS, AND EMPLOYEES, BE LIABLE TO DISTRIBUTOR, OR ANY PARTY INVOLVED IN CREATINGTHIRD PARTY, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIALANY SPECIAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES AND LOST PROFITS ARISING OUT FOR LOSS OF THE TERMS OR YOUR ACCESS, USE, MISUSELOSS OF TIME, OR INABILITY TO USE THE PLATFORMINCONVENIENCE, WHETHER IN CONTRACTCOMMERCIAL LOSS, TORTLOST PROFITS, NEGLIGENCELOST BUSINESS OPPORTUNITIES, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE GOODWILL OR COMPUTER SYSTEMREPUTATION, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAW. IN ADDITION, NO ACTION SHALL BE BROUGHT FOR ANY USER LOCATED WITHIN CALIFORNIA CLAIM RELATING OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (AND ELSEWHERE AS PERMITTED BY LAW), 1) YEAR AFTER THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS ACCRUAL OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILYCAUSE OF ACTION, EXCEPT FOR MONEY DUE UPON AN OPEN ACCOUNT.

Limitation of Liability. TO Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law. YOU USE ALL THE MAXIMUM EXTENT PERMITTED BY LAWPRODUCT SOFTWARE, UNDER NO CIRCUMSTANCESSERVICES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND . YOU WILL BE SOLELY RESPONSIBLE FOR (AND ALERT LABS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, DAMAGES, PERSONAL INJURY, LOSS OF LIFE, AND/OR PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER STRUCTURE, HVAC SYSTEM, PLUMBING, WIRING, OTHER PERIPHERALS CONNECTED TO OR LOSS USING THE PRODUCTS OR SERVICES, AND ALL OTHER ITEMS, RESULTING FROM YOUR USE OF DATA RESULTING THEREFROMTHE PRODUCT SOFTWARE, SERVICES, OR PRODUCTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION IN NO EVENT WILL (A) ALERT LABS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE EXTENT PERMITTED PRODUCT SOFTWARE, SERVICES OR PRODUCTS, AND (B) ALERT LABS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCT SOFTWARE, SERVICES AND PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY LAW. YOU TO ALERT LABS OR ALERT LABS’ AUTHORIZED RESELLER FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)THE PRODUCT SOFTWARE, SERVICES OR THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR PRODUCTS AT ISSUE IN THE FUTUREPRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ALERT LABS DISCLAIMS ALL LIABILITY OF ANY KIND OF ALERT LABS’ LICENSORS, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542SUPPLIERS, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW AUTHORIZED RE-SELLERS, OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSUB-CONTRACTORS.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS LICENSE, TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPETEVENT SHALL APPLE, ITS AFFILIATES, AGENTS OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSSES LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION NEGLIGENCECOURSE INSTRUCTIONS, DIRECTASSIGNMENTS AND MATERIALS), INCIDENTALBUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR RELATED TO YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORMHOMEPOD SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE, WHETHER APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE HOMEPOD SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY TORT OR OTHERWISE, ) AND EVEN IF WE HAVE APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPETSO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. NOTWITHSTANDING ANY OTHER TERMS IN THIS LICENSE, IF THE CONSUMER CONTRACT ACT OF JAPAN APPLIES, TERMS WHICH LIMIT APPLE’S LIABILITY IN FOR DAMAGES ARISING FROM BREACH OF THE CONTRACT OR TORT COMMITTED BY APPLE SHALL NOT APPLY IF SUCH JURISDICTIONS SHALL BE LIMITED DAMAGE IS DUE TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW APPLE’S INTENTIONAL MISCONDUCT OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORGROSS NEGLIGENCE.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE MAXIMUM EXTENT PERMITTED BY LAWPRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, UNDER NO CIRCUMSTANCESENDORSEMENTS, WILL SNAPPETGUARANTEES, ITS AFFILIATESCONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR ANY PARTY INVOLVED IN CREATINGIMPLIED, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEANY CONDITIONS, DIRECTENDORSEMENTS, INCIDENTALGUARANTEES, CONSEQUENTIALREPRESENTATIONS OR WARRANTIES OF DURABILITY, INDIRECTMERCHANTABILITY, SPECIALMERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, SYSTEM OR LOSS OF DATA RESULTING THEREFROMOR ANY OTHER DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE, RESPECTIVELY. BECAUSE SOME JURISDICTIONS DO - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR STATED IN THE FUTURETERMS AND CONDITIONS. IN PARTICULAR, UNDER AND WITHOUT LIMITING THE TERMS FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE PRODUCT OR ITS FUNCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORPRODUCT WILL BE CORRECTED.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT OR FOR BUYER’S PAYMENT OBLIGATIONS, NEITHER PARTY WILL BE LIABLE FOR (a) LOST PROFITS, REVENUES, GOODWILL, OPPORTUNITY OR ANTICIPATED SAVINGS; OR (b) INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT OR FOR BUYER’S PAYMENT OBLIGATIONS OR FOR EXCLUSIONS (AS DEFINED BELOW), EACH PARTY’S CUMULATIVE AND AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE AGGREGATE PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, HONEYWELL’S LIABILITY UNDER EVALUATION, BETA, OR TRIAL RIGHTS IS LIMITED TO U.S. $1,000. THE LIMITATIONS AND EXCLUSIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR LAW TO ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEOTHER LIABILITY, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND LOST PROFITS ARISING OUT REGARDLESS OF THE TERMS OR YOUR ACCESSTHEORY OF LIABILITY, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE HAVE THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE LIABILITY OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM THE LIABILITY IS AT YOUR OWN DISCRETION AND RISKOTHERWISE FORESEEABLE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS REGARDLESS OF DATA RESULTING THEREFROMWHETHER THE LIMITED REMEDIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORAll claims and causes of action must be brought by Buyer within 12 months of actual or constructive knowledge.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE IRON MOUNTAIN (INCLUDING ANYONE FOR WHOM IRON MOUNTAIN IS LEGALLY LIABLE) SHALL NOT BE LIABLE FOR DAMAGES ANY LOSS OR LOSSES DAMAGE THAT CUSTOMER SUFFERS OR CLAIMS TO HAVE SUFFERED (INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO CUSTOMER DATA OR THE PROTECTED DATA) UNLESS SUCH LOSS OR DAMAGE IS CAUSED BY IRON MOUNTAIN’S NEGLIGENCE. THE PARTIES AGREE THAT IRON MOUNTAIN ASSUMES NO LIABILITY WHATSOEVER FOR THE CUSTOMER DATA OR THE PROTECTED DATA THAT IS MODIFIED OR DELETED BY CUSTOMER (where the Services described in the applicable Schedule allows for such functionality.). IF IRON MOUNTAIN IS FOUND LIABLE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, THE AMOUNT OF IRON MOUNTAIN’S MAXIMUM LIABILITY FOR ANY AND ALL LOSS AND/OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER DAMAGE (IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED ) FOR ANY REASON ARISING OUT OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCETHIS AGREEMENT SHALL NOT EXCEED, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)AGGREGATE, THE FOLLOWING TOTAL AMOUNT OF ALL FEES PAID TO IRON MOUNTAIN FOR THE SERVICE WITHIN THE PRIOR SIX (6) MONTHS FROM WHICH SUCH CLAIM ARISES. IF THE CUSTOMER DATA OR PROTECTED DATA TRANSMITTED IS INSURED BY CUSTOMER, THE CUSTOMER SHALL APPLY: YOU ALSO EXPRESSLY CAUSE ITS INSURERS OF SUCH CUSTOMER DATA OR PROTECTED DATA TO WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS RIGHT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSUBROGATION AGAINST IRON MOUNTAIN.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. YOU USE THE WEBSITE AND THE CONTINENTAL MATERIAL AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTINENTAL SHALL NOT, UNDER NO ANY CIRCUMSTANCES, WILL SNAPPETBE RESPONSIBLE FOR ANY DIRECT, ITS AFFILIATESINDIRECT, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS IN ANY WAY ARISING OUT OF THE TERMS FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR ACCESS, USE, MISUSE, USE OF OR INABILITY TO USE THE PLATFORMWEBSITE OR THE CONTINENTAL MATERIAL OR ANY USER CONTENT, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCEOR ANY OTHER LEGAL THEORY, STRICT LIABILITY AND WHETHER OR OTHERWISE, EVEN IF WE HAVE BEEN NOT CONTINENTAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CONTINENTAL OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR IN CONNECTION WITH AGENTS BE RESPONSIBLE FOR ANY FAILURE LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF PERFORMANCETHE WEBSITE OR CONTINENTAL MATERIAL OR FROM ANY USER CONTENT SUBMITTED TO THE WEBSITE. CONTINENTAL SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE SERVICING OR REPLACING OF EQUIPMENT, RESULTING FROM YOUR USE OF THE WEBSITE. CONTINENTAL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSCOMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR LINE ALTERATION OF, ANY USER COMMUNICATION. CONTINENTAL IS NOT RESPONSIBLE OR SYSTEM FAILURE. LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMTHE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE FOREGOING DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORLIMITED UNDER APPLICABLE LAW.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. In the event of any error, omission or failure by Asurion or TracFone with respect to the Program or the services provided by Asurion or TracFone hereunder, ASURION’S AND TRACFONE’S RESPONSIBILITY AND LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED CHARGES ACTUALLY PAID BY LAWYOU FOR THE PROGRAM (BUT NO MORE THAN THE LAST 24 MONTHLY CHARGES YOU PAID FOR THE PROGRAM). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF ASURION OR TRACFONE TO PERFORM. FURTHER, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, CIRCUMSTANCES SHALL ASURION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE TRACFONE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTINDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, (EVEN IF WE ASURION OR TRACFONE HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE PROGRAM OR ASURION OR TRACFONE PERFORMANCE UNDER THE PROGRAM, OR IN CONNECTION WITH UNDER ANY FAILURE PROVISION OF PERFORMANCETHIS CONTRACT, ERRORSUCH AS, OMISSIONBUT NOT LIMITED TO, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMREVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESEXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS CONTRACT, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL RIGHTS REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM AND BENEFITS CONFERRED UPON YOUSERVICES TO BE PROVIDED HEREUNDER BY ASURION AND TRACFONE, NOW INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR IN THE FUTUREFITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Insurance Securing this Contract: This Contract is not an insurance policy. Under this contract, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542Asurion’s obligations to purchasers in Alabama, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEArkansas, WHICHArizona, IF KNOWN BY HIM OR HERCalifornia, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORColorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Maine, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, or Wyoming are insured under an insurance policy issued by Continental Casualty Company, 000 X. Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. If We fail to act on Your claim within sixty (60) days or if we become insolvent or otherwise financially impaired, You may contact Continental Casualty Company directly at 0-000-000-0000.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, CIRCUMSTANCES SHALL SOTI OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE SUPPLIERS BE LIABLE FOR DAMAGES FOR PERSONAL INJURY, DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, LOSS AND/OR HARM OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCECOSTS ASSOCIATED WITH DATA USAGE OVER COMMUNICATION NETWORKS (I.E. CELLULAR), DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR RELATED TO YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORMSOFTWARE, WHETHER IN HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY TORT OR OTHERWISE, ) AND EVEN IF WE HAVE SOTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WILL SOTI NOR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH WITH, ANY ALLEGED OR ACTUAL IMPROPER USE OR INSTALLATION OF THE SOFTWARE BY YOU, ALLEGED OR ACTUAL NEGLIGENT ACTS OR OMISSIONS, WILLFUL MISCONDUCT, FRAUD OR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY THE SOFTWARE DUE TO THIRD PARTIES SOFTWARE OR YOUR COMPUTER NETWORK. IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE ANY CASE THE TOTAL LIABILITY OF OUR PLATFORM IS AT YOUR OWN DISCRETION SOTI AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS ITS SUPPLIERS SHALL BE LIMITED TO THE EXTENT PERMITTED AMOUNT ACTUALLY PAID BY LAW. YOU FOR ANY USER LOCATED THE SOFTWARE WITHIN CALIFORNIA TWELVE (12) MONTHS PRECEDING THE CLAIM (“PERIOD”) LESS THE AMOUNT CONSUMED FOR SUPPORT AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR MAINTENANCE IN THE FUTURE, UNDER PERIOD PRECEDING THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORCLAIM.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, DM OR ITS AFFILIATES, AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE SUPPLIERS BE LIABLE TO USER FOR DAMAGES ANY LOSS, DAMAGES, CLAIMS, PENALTIES, TAXES, ASSESSMENTS, FINES OR LOSSES COSTS WHATSOEVER INCLUDING WITHOUT LIMITATION NEGLIGENCE, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR PUNITIVE DAMAGES AND EXEMPLARY DAMAGES, ANY LOST PROFITS ARISING OUT OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF THE TERMS OR YOUR ACCESS, USE, MISUSECARE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, CLAIMS BY A THIRD PARTY EVEN IF WE HAVE A DM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. DM’S ABSOLUTE AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO FIFTY UNITED STATES DOLLARS ($50). THIS LIMITATION WILL APPLY EVEN IF DM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS AND EXCLUSIONS IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURETHIS SECTION 7 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)ACCORDINGLY, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY LIMITATIONS AND ALL RIGHTS AND BENEFITS CONFERRED UPON EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU AND YOUR AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE MAXIMUM EXTENT PERMITTED BY LAWLIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR AND YOUR AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE. • Exclusion of Consequential and Related Damages. IN NO CIRCUMSTANCESEVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, WILL SNAPPETREVENUES, ITS AFFILIATESGOODWILL, OR ANY PARTY INVOLVED IN CREATINGINDIRECT, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECTCOVER, SPECIAL, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND LOST PROFITS ARISING OUT REGARDLESS OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISETHEORY OF LIABILITY, EVEN IF WE A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES OR IN CONNECTION WITH ANY FAILURE IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREITS ESSENTIAL PURPOSE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU THE FOREGOING DISCLAIMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED APPLY TO THE EXTENT PERMITTED PROHIBITED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORTerm and termination • Term of Agreement. This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. YOUR SOLE REMEDY AND THE LICENSOR’S SOLE OBLIGATION RELATING TO THIS AGREE- MENT, THE MAXIMUM EXTENT PERMITTED BLOCKCHAIN, TOKENS AND THE LICENSED APP SHALL BE GOVERNED EXCLUSIVELY BY LAWTHIS AGREEMENT AND IN NO EVENT SHALL LICENSOR’S LIABILITY TO YOU THEREFORE EXCEED THE LESSER OF (X) THE ACTUAL AMOUNTS PAID TO LICENSOR BY YOU FOR YOUR PURCHASED TOKENS, UNDER AND (Y) ONE HUNDRED UNITED STATES DOLLARS ($100) ALL OF WHICH MUST BE SUBMITTED IN WRITING WITHIN 30 DAYS OF TOKEN PURCHASE. IN NO CIRCUMSTANCESEVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, WILL SNAPPETINDIRECT, ITS AFFILIATESINCIDENTAL OR CONSEQUENTIAL DAMAGES ARIS- ING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OTHER LEGAL OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORMEQUITABLE THEORY, WHETHER IN TORT OR CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED LICENSOR IS AWARE OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING, INCLUDING COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DA- TA, COST OF SUBSTITUTE PRODUCTS, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEMOTH- ER REASON WHATSOEVER. Neither Licensor nor its licensors shall be responsible for any damages or expenses re- sulting from version of the Licensed APP that is provided by any other person, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORor from any unauthorized Use of the Licensed APP or from any unintended or unforeseen results obtained by You resulting from such Use.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCESCIRCUMSTANCE SHALL OWNER BE LIABLE FOR INDIRECT, WILL SNAPPETINCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM AND/OR HEALTH SERVICES AND/OR SUPPORT SERVICES PROVIDED BY HEALTH CARE PRACTITIONERS AND/OR PERSONAL HEALTH ASSISTANTS. OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM AND/OR HEALTH SERVICES AND/OR SUPPORT SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM AND/ OR HEALTH SERVICES AND/OR SUPPORT SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HEALTH CARE PRACTITIONER OR ANY PERSONAL HEALTH ASSISTANT. OWNER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OWNER’S REASONABLE CONTROL. YOU AGREE THAT OWNER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE PLATFORM OR THE HEALTH SERVICES AND/OR SUPPORT SERVICES PROVIDED TO YOU BY HEALT CARE PRACTITIONERS AND PERSONAL HEALTH ASSISTANTS. OWNER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD- PARTY USER OF THE PLATFORM, OR ANY PARTY INVOLVED IN CREATINGADVERTISER OR SPONSOR OF THE PLATFORM (COLLECTIVELY, PRODUCING“THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL OWNER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR DELIVERING THE PLATFORM OR HARDWARE THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OR LOSSES ANY INJURY, LOSS, DAMAGE OF ANY KIND (INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESSPUNITIVE, USEINCIDENTAL, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE OR EXPENSE ARISING IN ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.FASHION WHATSOEVER FROM:

Limitation of Liability. LICENSEE USE OF THE API IS AT THE LICENSEES SOLE RISK AND DISCRETION. LICENSEE IS THE SOLE AND RESPONSIBLE PARTY FOR ANY DAMAGE TO LICENSEE EQUIPMENT, COMPUTER SYSTEM OR DATA LOSS THAT RESULTS FROM ANY DOWNLOAD OR USE OF THE API. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, EVENT SHALL NUSO OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE AFFILIATES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIALANY SPECIAL, INDIRECT, SPECIALINCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, OR PUNITIVE WITHOUT LIMITATION; DAMAGES AND FOR LOSS OF BUSINESS, LOST PROFITS OR REVENUE; BUSINESS INTERRUPTION OR WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION; DATA OR DATA USE; LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; OR ANY OTHER LOSS) ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OF; OR INABILITY TO USE IN ANY MANNER THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY API OR OTHERWISETHE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WE HAVE NUSO OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL NO EVENT SHALL NUSO’S AFFILIATES BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE DIRECT DAMAGES WHATSOEVER ARISING OUT OF THE USE OF; OR THE INABILITY TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMUSE THE API. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPETNUSO’S ENTIRE LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED GREATER OF THE AMOUNT ACTUALLY PAID BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (LICENSEE IN U.S. DOLLARS EQUIVALENT TO LICENSEE OF $100.00 AND ELSEWHERE LICENSEE AFFIRMS AND AGREES THAT SHALL BE THE TOTAL DAMAGE CLAIM AMOUNT AS PERMITTED BY LAW), THE FOLLOWING SET FORTH IN THIS AGREEMENT AND NO OTHER COMPENSATION SHALL APPLY: YOU ALSO BE PAID TO LICENSEE OTHER THAN AS EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSET FORTH HEREIN.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORMOTHER, WHETHER IN CONTRACT, TORTLAW OR EQUITY, NEGLIGENCEFROM AND AGAINST CONSEQUENTIAL LOSS, STRICT LIABILITY INDIRECT COSTS AND/OR OTHERWISESPECIAL DAMAGES. SUCH CONSEQUENTIAL LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESINDIRECT COSTS AND/OR SPECIAL DAMAGES SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSSES, COSTS OR IN CONNECTION DAMAGES ASSOCIATED WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE NETWORK OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKDOWNTIME, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, EQUIPMENT FAILURE OR LOSS OF DATA RESULTING THEREFROMUSE, DAMAGE OCCASIONED TO 3RD PARTIES EQUIPMENT OR SYSTEMS, LOSS OF BUSINESS, LOSS OF CONTRACTUAL OPPORTUNITY, LOSS OF PROFIT, LOSS OF BARGAIN TOGETHER WITH LOSSES, COSTS OR DAMAGES EJUSDEM GENERIS AND HOWSOEVER CAUSED INCLUDING THE NEGLIGENCE OR A BREACH OF DUTY OF CARE OF THE PARTIES. BECAUSE SOME JURISDICTIONS DO NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT LIABILITY OF A PARTY OCCASIONED BY DEATH OR PERSONAL INJURY THAT IS CAUSED BY NEGLIGENCE OR BREACH OF DUTY OF CARE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO ADOPT APPROPRIATE SECURITY MEASURES FOR THE PROTECTION OF YOUR COMPUTER SYSTEM. THEREFORE, WE WILL NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED LIABLE TO THE EXTENT PERMITTED BY LAW. YOU FOR ANY USER LOCATED WITHIN CALIFORNIA LOSS OR DAMAGE THAT YOU SUFFER AS A RESULT OF ANY VIRUS OR OTHER HOSTILE COMPUTER PROGRAM BEING INTRODUCED INTO YOUR COMPUTERS OR COMPUTER SYSTEMS AS A RESULT OF YOUR USE OF THE SERVICE AND/OR OUR NETWORK. Pursuant to Clause 10 herein you must be registered with the Data Protection Agency to process Data. Failure to comply may result in financial and criminal penalty. You agree to indemnify and hold us harmless against actions by the Data Protection Agency or any Data subject (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORas defined in the Act) caused by your processing or failure to comply with legislation. Such indemnity shall extend to legal costs. We shall have no liability under this Agreement for non-performance under this Agreement where caused through force majeure. Force Majeure shall be defined according to the ICC Incoterms definitions in force from time to time and which are hereby deemed incorporated into this Agreement.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. WATERFORD’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT) OR THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCESPRODUCTS, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED NOT EXCEED THE AMOUNTS ACTUALLY PAID TO WATERFORD BY CUSTOMER IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CUSTOMER’S FORMAL WRITTEN NOTICE OF THE CLAIM FOR LIABILITY HEREUNDER. ALL CLAIMS THAT CUSTOMER MAY HAVE AGAINST WATERFORD WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL WATERFORD BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, INDIRECT OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISEPRODUCTS, EVEN IF WE HAVE WATERFORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY AND NOTWITHSTANDING THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE ESSENTIAL PURPOSE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORREMEDY PROVIDED HEREIN.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCESWE ARE NOT LIABLE FOR ANY CLAIMS, WILL SNAPPETCOSTS, ITS AFFILIATESLOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY PARTY INVOLVED IN CREATINGDELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, PRODUCINGUNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR DELIVERING OTHER CIRCUMSTANCES BEYOND THE PLATFORM REASONABLE CONTROL OF BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR HARDWARE TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSEDAMAGES, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, DAMAGES OF ANY KIND EVEN IF WE HAVE BEEN ADVISED YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. ALL BANK SERVICES AND SECURED ACCOUNT AND CARD ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR SECURED ACCOUNT AND CARD ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF THE SERVICE PROVIDER PLATFORM OR SERVICES OR PRODUCTS PROVIDED TO YOU BY SERVICE PROVIDER. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF VIRUSES RELATED TO THE SERVICES AND/OR PRODUCTS OF SERVICE PROVIDER AND/OR THE SERVICE PROVIDER PLATFORM. YOU AGREE THAT THE AMOUNT OF ANY CLAIM YOU HAVE AGAINST US IN CONNECTION WITH ANY FAILURE OF PERFORMANCESECURED ACCOUNT OR CARD ACCOUNT OR TRANSACTION WITH US, ERRORWHETHER BROUGHT AS A WARRANTY, OMISSIONNEGLIGENCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSWRONGFUL DISHONOR, OR LINE OTHER ACTION, IS SUBJECT TO REDUCTION TO THE EXTENT THAT: 1) NEGLIGENCE OR SYSTEM FAILURE. FAILURE TO USE REASONABLE CARE ON YOUR PART, OR ON THE PARTY OF ANY OF YOUR AGENTS OR EMPLOYEES, CONTRIBUTED TO THE LOSS WHICH IS THE BASIS OF YOUR CLAIM AND 2) DAMAGES COULD NOT BE AVOIDED BY OUR USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, ORDINARY CARE. ANY LOSS RECOVERY YOU OBTAIN FROM THIRD PARTIES ON A PARTICULAR CLAIM WILL REDUCE THE AMOUNT OF ANY OBLIGATIONS WE MAY HAVE TO YOU ON THAT CLAIM AND YOU WILL IMMEDIATELY NOTIFY US OF ANY SUCH RECOVERY. YOU AGREE TO PURSUE ALL RIGHTS YOU MAY HAVE UNDER ANY INSURANCE POLICY YOU MAINTAIN IN CONNECTION WITH ANY LOSS AND TO PROVIDE US INFORMATION REGARDING COVERAGE. OUR LIABILITY WILL BE SOLELY RESPONSIBLE REDUCED BY THE AMOUNT OF ANY INSURANCE PROCEEDS YOU RECEIVE OR ARE ENTITLED TO RECEIVE IN CONNECTION WITH THE LOSS. IF WE REIMBURSE YOU FOR ANY DAMAGE A LOSS COVERED BY INSURANCE, YOU AGREE TO ASSIGN US YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW RIGHTS UNDER THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED INSURANCE TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORYOUR REIMBURSEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAWEXCEPT FOR CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS, UNDER IN NO CIRCUMSTANCES, WILL SNAPPETEVENT SHALL SHERWEB, ITS AFFILIATES, EMPLOYEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE REPRESENTATIVES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR PUNITIVE EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF SERVICE DATA, BUSINESS INFORMATION OR OTHER PECUNIARY LOSS OR BUSINESS INTERRUPTION ARISING UNDER OR IN CONNECTION WITH THE SERVICES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IN NO EVENT SHALL SHERWEB BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR CAUSED BY: (I) ANY THIRD PARTY, (II) YOU OR YOUR END-USERS; (III) SHERWEB’S ACCESS TO YOUR OR YOUR END-USERS’ COMPUTER EQUIPMENT OR NETWORK(S); OR (IV) ANY OTHER EVENTS BEYOND THE REASONABLE CONTROL OF SHERWEB. THE FOREGOING DISCLAIMER OF LIABILITY SHALL APPLY WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, TORT, INCLUDING STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE. IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPETNO EVENT SHALL SHERWEB’S LIABILITY UNDER THE AGREEMENT EXCEED THE AMOUNT PAID UNDER THE AGREEMENT BY YOU IN SUCH JURISDICTIONS SHALL BE LIMITED THE TWELVE-(12- )MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORCLAIM.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. IN NO EVENT WILL BOX’S OR ANY OF ITS AFFILIATES’ TOTAL AND CUMULATIVE LIABILITY FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO BOX (OR TO A BOX DISTRIBUTOR OR RESELLER, IF APPLICABLE) FOR THE BOX SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE FIRST EVENT WHICH GIVES RISE TO LIABILITY UNDER THIS AGREEMENT. THE FOREGOING LIMITATION DOES NOT LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. 13.1 責任の限定 本利用規約から生じるすべてのいかなる性質の賠償請求について Box もしくはその関係会社が負う賠償責任の累計額は、当該責任 の発生事由が初めて生じた日以前 12 カ月間に、本利用規約に基づき、Box サービスの対価として本顧客がBox（または、該当者がいる場合には Box の販売業者 若しくは再販業者）に支払った料金の合計額を、いかなる場合でも超えないものとする。上記の責任限定 は、過失に起因する死亡または人身傷害についての賠償責任を限定または排除しない。 13.2 Disclaimer of Consequential and Related Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, ITS AFFILIATES, OR ANY EITHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTANY 13.2 派生的損害賠償および関連する損害賠償の排除 いずれの当事者も、その原因にかかわら ず、間接的、付随的、特別、懲罰的、補填的、利益も しくは収益の逸失の、または派生的な損害賠償（営業 INDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, COVER, LOSS OF PROFITS OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSEREVENUE, OR INABILITY TO CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR LOSS OF USE THE PLATFORMOR DATA) HOWEVER CAUSED, WHETHER IN UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, NEGLIGENCEWARRANTY, STRICT LIABILITY NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE SUCH PARTY HAS BEEN ADVISED OF AS TO THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, SNAPPET’S LIABILITY . IN SUCH JURISDICTIONS SHALL BE LIMITED AN EVENT THIS EXCLUSION WILL NOT APPLY TO THE EXTENT PERMITTED PROHIBITED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.上の信用の喪失、使用またはデータの喪失の損害賠償を含むが、これらに限定されない）を、いかなる責任法理（契約、不法行為、保証、過失、その他の責任法理を含むが、これらに限定されない）に基づいても、当該損害賠償が生じる可能性を当該当事者が知らされていた場合であっても、適用法により許容される最大の範囲で免除されるものとする。付随的、派生的またはその他の損害賠償の排除が許されない法域もある。その場合、上記の責任排除は、法により禁止される範囲で適用されないものとする。

Limitation of Liability. IF YOUR PRODUCT FAILS TO WORK AS WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT. SIPERA'S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY OR RELATED IN ANY WAY TO THE MAXIMUM EXTENT PERMITTED PRODUCT IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. SIPERA SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY LAWTHE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SIPERA SHALL NOT BE LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER NO CIRCUMSTANCESTHIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), WILL SNAPPET, ITS AFFILIATESA CONTRACT CLAIM, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR DELIVERING THE PLATFORM OR HARDWARE AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EFFECTIVE EVEN IF WE SIPERA KNEW OR SHOULD HAVE BEEN ADVISED KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THIS LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESLIABILITY, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)HOWEVER, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES WILL NOT EXTEND APPLY TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW FOR PERSONAL INJURY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR SUSPECT FROM COUNTRY TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, COUNTRY. YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.YOUR RIGHTS. Warranty Transfer to another Country Sipera is not responsible for any handling fees, tariffs, or import duties that may be incurred in transferring the products. Products may be covered by export controls issued by the United States or other governments. Service Upgrades Sipera offers extra coverage for your product. For information on service upgrades, Please contact Xxxx Xxxx (000) 000-0000 or email = xxxxx@xxxxxx.xxx Contact Information Xxxx Xxxx VP Regional Sales (000) 000-0000 (Office) (000) 000-0000 (Mobile)

Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY LAWCONTRARY CONTAINED IN THIS LEASE, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR THE LIABILITY OF LANDLORD (AND OF ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SUCCESSOR LANDLORD) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAWINTEREST OF LANDLORD IN THE PROPERTY. TENANT SHALL LOOK SOLELY TO LANDLORD’S INTEREST IN THE PROPERTY FOR THE RECOVERY OF ANY JUDGMENT OR AWARD AGAINST LANDLORD OR ANY LANDLORD RELATED PARTY. NEITHER LANDLORD NOR ANY LANDLORD RELATED PARTY SHALL BE PERSONALLY LIABLE FOR ANY USER LOCATED WITHIN CALIFORNIA JUDGMENT OR DEFICIENCY, AND IN NO EVENT SHALL LANDLORD OR ANY LANDLORD RELATED PARTY BE LIABLE TO TENANT FOR ANY LOST PROFIT, DAMAGE TO OR LOSS OF BUSINESS OR ANY FORM OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE. BEFORE FILING SUIT FOR AN ALLEGED DEFAULT BY LANDLORD, TENANT SHALL GIVE LANDLORD AND THE MORTGAGEE(S) WHOM TENANT HAS BEEN NOTIFIED HOLD MORTGAGES (AND ELSEWHERE AS PERMITTED BY LAWDEFINED IN SECTION 23 BELOW), NOTICE AND REASONABLE TIME TO CURE THE FOLLOWING ALLEGED DEFAULT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL APPLY: YOU ALSO LANDLORD OR ANY MORTGAGEES OR LANDLORD RELATED PARTIES EVER BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY LOST PROFITS OF TENANT. EXCEPT AS EXPRESSLY WAIVE SET FORTH IN SECTION 22 OF THIS LEASE, TENANT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOST PROFITS OF LANDLORD. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, LANDLORD AND ALL RIGHTS TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, AND BENEFITS CONFERRED TENANTS OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON YOUTHE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, NOW AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, SETOFF OR IN THE FUTUREDEDUCTION, UNDER THE TERMS NOTWITHSTANDING ANY BREACH BY LANDLORD OF CALIFORNIA CIVIL CODE SECTION 1542ITS DUTIES OR OBLIGATIONS HEREUNDER, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW WHETHER EXPRESS OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORIMPLIED.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY LAWCONTRARY CONTAINED IN THIS LEASE, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR THE LIABILITY OF LANDLORD (AND OF ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SUCCESSOR LANDLORD) SHALL BE LIMITED TO LANDLORD’S INTEREST IN THE EXTENT PERMITTED BY LAWPROPERTY FOR THE RECOVERY OF ANY JUDGMENT OR AWARD AGAINST LANDLORD OR ANY LANDLORD RELATED PARTY. NEITHER LANDLORD NOR ANY LANDLORD RELATED PARTY SHALL BE PERSONALLY LIABLE FOR ANY USER LOCATED WITHIN CALIFORNIA JUDGMENT OR DEFICIENCY, AND IN NO EVENT SHALL LANDLORD OR ANY LANDLORD RELATED PARTY BE LIABLE TO TENANT FOR ANY LOST PROFIT, DAMAGE TO OR LOSS OF BUSINESS OR ANY FORM OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE. BEFORE FILING SUIT FOR AN ALLEGED DEFAULT BY LANDLORD, TENANT SHALL GIVE LANDLORD AND THE MORTGAGEE(S) WHOM TENANT HAS BEEN NOTIFIED HOLD MORTGAGES (AND ELSEWHERE AS PERMITTED BY LAWDEFINED IN ARTICLE 23 BELOW), NOTICE AND REASONABLE TIME TO CURE THE FOLLOWING ALLEGED DEFAULT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL APPLY: YOU ALSO LANDLORD OR ANY MORTGAGEES OR LANDLORD RELATED PARTIES EVER BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY LOST PROFITS OF TENANT. LANDLORD AND TENANT EXPRESSLY WAIVE DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, AND ALL RIGHTS AND BENEFITS CONFERRED TENANTS OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON YOUTHE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, NOW AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, SETOFF OR IN THE FUTUREDEDUCTION, UNDER THE TERMS NOTWITHSTANDING ANY BREACH BY LANDLORD OF CALIFORNIA CIVIL CODE SECTION 1542ITS DUTIES OR OBLIGATIONS HEREUNDER, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW WHETHER EXPRESS OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORIMPLIED.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ENTIRE RISK ARISING OUT OF THE TERMS USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR YOUR ACCESSSERVICES OFFERED ON OR IN CONNECTION WITH THE SITE AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. BY USING OUR SITE, USE, MISUSE, OR INABILITY YOU ACKNOWLEDGE AND AGREE THAT NEITHER Sontiq NOR ITS PARTNERS HAVE ANY LIABILITY TO USE THE PLATFORM, YOU (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR IN CONNECTION INCLUDING LIABILITY ASSOCIATED WITH ANY FAILURE VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. IN NO EVENT SHALL Sontiq BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, Sontiq’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICES OR ANY DELAY IN OPERATION PROVIDING SERVICES NOR SHALL Sontiq HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN. YOU UNDERSTAND THAT WE ONLY MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR TRANSMISSIONUNDER LICENSE TO US, COMPUTER VIRUSBUT NOT ALL TRANSACTIONS, OR LINE OR SYSTEM FAILURE. INCLUDING THOSE THAT MIGHT ENTAIL THE POTENTIALLY FRAUDULENT USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION A CUSTOMER’S INFORMATION, MAY BE MONITORED AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THE SCOPE OF THE NETWORK UTILIZED BY US TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMPROVIDE ALERTS MAY CHANGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.AGREE THAT IT MAY TAKE UP TO FOUR

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE Telerik BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, ANY INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE CONSEQUENTIAL DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OF OR INABILITY TO USE THE PLATFORMPRODUCT, WHETHER IN CONTRACTINCLUDING, TORTWITHOUT LIMITATION, NEGLIGENCEDAMAGES FOR LOSS OF GOODWILL, STRICT LIABILITY WORK STOPPAGE, COMPUTER FAILURE OR OTHERWISEMALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, Telerik'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO Telerik FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, OR IN CONNECTION WITH NOTWITHSTANDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL SO THIS EXCLUSION AND LIMITATION MAY NOT BE LIMITED TO THE EXTENT PERMITTED BY LAWAPPLICABLE. Telerik IS NOT RESPONSIBLE FOR ANY USER LOCATED WITHIN CALIFORNIA (LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM Telerik IS FOR TESTING USE ONLY AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE Telerik HEREBY DISCLAIMS ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN LIABILITY ARISING THEREFROM. THE FUTURE, UNDER EXTENT OF Telerik'S LIABILITY FOR THE TERMS OF CALIFORNIA CIVIL CODE LIMITED WARRANTY SECTION 1542, WHICH PROVIDES SHALL BE AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSET FORTH THEREIN.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. 11.1 LIMITATION, EXCLUSION AND APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER : (I) IN NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE EVENT SHALL WE BE LIABLE FOR THE FOLLOWING DAMAGES DIRECTLY OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS INDIRECTLY ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH THIS AGREEMENT, THE IMPLEMENTATION SERVICES, THE CUSTOMER DATA, THE SURESCAN SERVICES INCLUDING HARDWARE: (A) ALL INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL AND PUNITIVE DAMAGES; AND (B) ALL DAMAGES FOR LOST PROFITS, REVENUE OR EARNINGS, LOST, HACKED OR CORRUPTED DATA, UNAUTHORIZED ACCESS TO DATA OR THE CLOUD SERVICES, DELAYS OR FAILURE TO TRANSMIT OR RECEIVE ANY FAILURE OF PERFORMANCEDATA, ERROR, OMISSION, BUSINESS INTERRUPTION, DEFECTFAILURE TO REALIZE EXPECTED SAVINGS AND COST OF SUBSTITUTE SOFTWARE, DELAY HARDWARE OR SERVICES; (II) IN OPERATION NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR TRANSMISSIONIN CONNECTION WITH THIS AGREEMENT, COMPUTER VIRUSTHE IMPLEMENTATION SERVICES, THE CUSTOMER DATA, THE CLOUD SERVICES INCLUDING HARDWARE, EXCEED THE AMOUNTS RECEIVED BY AERO FROM YOU (OR LINE FROM YOUR AERO AUTHORIZED RESELLER) FOR THE LICENSE(S) IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE INCIDENT GIVING RISE TO THE LIABILITY; AND (III) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT SHALL APPLY:(A) WHETHER AN ACTION, CLAIM OR SYSTEM FAILURE. USE DEMAND ARISES FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LIABILITY; (B) WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR THEIR POSSIBILITY HAS BEEN DISCLOSED TO US; AND (C) TO US, OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKAFFILIATES, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THIER RESPECTIVE SERVICE PROVIDERS AND SUPPLIERS, SUCCESSORS AND ASSIGNS AND (D) EVEN IF YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS REMEDIES FAIL OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORTHEIR ESSENTIAL PURPOSE.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAWLIABILITY, UNDER NO CIRCUMSTANCESIF ANY, WILL SNAPPETOF SOLID POWER KOREA FOR ALL DAMAGES, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE CONTRACT DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS DAMAGES FOR INJURIES TO PERSONS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORMPROPERTY, WHETHER IN ARISING FROM BREACH OF CONTRACT, TORTBREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY LIABILITY, OR OTHERWISEOTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED $3,000,000. IN NO EVENT SHALL SOLID POWER KOREA BE LIABLE TO SK ON FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUES AND PROFITS AND/OR MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY INCLUDING THIRD PARTY CLAIMS, EVEN IF WE HAVE IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, . THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF DAMAGES PROVISIONS SET FORTH IN THIS SECTION SHALL SURVIVE EVEN IF THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREOTHERWISE BE DEEMED UNENFORCEABLE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISKSOLID POWER KOREA’S LIABILITY SHALL NOT BE LIMITED, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS NO CREDIT SHALL BE LIMITED TO GRANTED AGAINST THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA LIABILITY LIMIT FOR: (AND ELSEWHERE AS PERMITTED BY LAWA) SOLID POWER KOREA’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10.01(B); (b) any costs incurred by solid power KOREA in meeting the Target schedule; (c) any loss or damage arising out of or connected with the Solid power korea’s gross negligence or willful misconduct; (D) any loss or damage arising from unlawful and criminal acts and intellectual property breaches by solid power KOREA; or, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR(e) any loss or damage arising from solid power KOREA’s failure of its obligations under section 8.05.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. PLURIBUS’S TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS YOU PAID TO PLURIBUS FOR THE PRODUCTS IN THE SPECIFIC ORDER(S) FROM WHICH THE LIABILITY ARISES, AND IN NO EVENT WILL SUCH TOTAL LIABILITY EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID US DURING THE THREE (3) MONTHS PRIOR TO THE MAXIMUM EXTENT PERMITTED BY LAWDATE IN WHICH THE LIABILITY AROSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE, UNDER AND NOT PER INCIDENT. IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE PLURIBUS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTANY SPECIAL, INCIDENTAL, CONSEQUENTIALEXEMPLARY, INDIRECTPUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, SPECIALDATA, BUSINESS OR PROFITS) RELATED TO THESE TERMS OR THE USE OR PERFORMANCE OF PRODUCTS, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT FOR THE COST OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORMPROCURING SUBSTITUTE PRODUCTS, WHETHER IN SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, TORTWARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE AND WHETHER OR NOT PLURIBUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN CONNECTION WITH ANY FAILURE THESE TERMS IS FOUND TO HAVE FAILED OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORITS ESSENTIAL PURPOSE.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPETEVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATINGAGENTS, PRODUCINGEMPLOYEES, OR DELIVERING THE PLATFORM OR HARDWARE PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSSES LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION NEGLIGENCECOURSE INSTRUCTIONS, DIRECTASSIGNMENTS, INCIDENTALAND MATERIALS), CONSEQUENTIAL, INDIRECT, SPECIALBUSINESS INTERRUPTION, OR PUNITIVE ANY OTHER COMMERCIAL DAMAGES AND LOST PROFITS OR LOSSES, ARISING OUT OF THE TERMS OR RELATED TO YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORMFGC-OS SOFTWARE AND SERVICES OR ANY THIRD- PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE FGC-OS SOFTWARE OR SERVICES, WHETHER IN HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ) AND EVEN IF WE HAVE THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED SO THIS LIMITATION MAY NOT APPLY TO THE EXTENT PERMITTED BY LAWYOU. FOR ANY USER LOCATED WITHIN CALIFORNIA In no event shall the Company’s total liability to you for all damages (AND ELSEWHERE AS PERMITTED BY LAWother than as may be required by applicable law) exceed the amount of One Hundred U.S. Dollars (US$100.00), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY LAWCONTRARY HEREIN NOTWITHSTANDING, EXCEPT FOR DAMAGES RESULTING FROM UNAUTHORIZED USE OR DISCLOSURE OF THE PROPRIETARY INFORMATION, UNDER NO CIRCUMSTANCES, WILL SNAPPET, CIRCUMSTANCES SHALL SAP OR ITS AFFILIATES, LICENSORS BE LIABLE TO UNIVERSITY OR ANY PARTY INVOLVED OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN CREATING, PRODUCING, EXCESS OF THE FEES PAID OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECTOR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES. The foregoing limitation of liability does not apply to personal injury or death to the extent caused by the gross negligence or willful misconduct of SAP, or tangible property damage up to the amount by which such damage is paid by SAP’s liability insurance. IN ADDITION TO THE LIMITATION OF LIABILITY DESCRIBED ABOVE, UNIVERSITY SPECIFICALLY ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES SHALL SAP OR ITS LICENSORS BE LIABLE TO UNIVERSITY OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. WAY RELATED TO UNIVERSITY’S USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO UCC(S) INCLUDING BUT NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR PERFORMANCE OR NON PERFORMANCE OF ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAWUCC(S), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. Section 29 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCESEVENT WILL WE, WILL SNAPPETZELLE, ITS AFFILIATESOWNERS, DIRECTORS, OFFICERS, AGENTS OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEWHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE OTHER INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE TERMS OR YOUR ACCESSZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, USE, MISUSEOMISSIONS, OR INABILITY OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ZELLE PAYMENT SERVICES DESCRIBED OR OTHERWISEPROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, OR YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR CONSEQUENTIAL DAMAGES, SNAPPET’S THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN SUCH JURISDICTIONS SHALL BE THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA , BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS (AND ELSEWHERE AS PERMITTED BY LAW$100.00), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPETEVENT SHALL MOTOROLA SOLUTIONS CONNECTIVITY’S, ITS AFFILIATES’, AGENTS’, SUPPLIERS’ OR SUBCONTRACTORS’ COLLECTIVE TOTAL LIABILITY FOR ALL SERVICES PROVIDED UNDER THIS MSA AND/OR SOA EXCEED SIX (6) MONTHS OF CUSTOMER’S MONTHLY RECURRING CHARGES FOR THE PERIOD IMMEDIATELY PRECEDING THE PERIOD IN WHICH THE DAMAGE OCCURS. IF CUSTOMER’S SERVICE IS INTERRUPTED, MOTOROLA SOLUTIONS CONNECTIVITY’S LIABILITY SHALL BE LIMITED TO A PRO-RATA CREDIT FOR THE PERIOD OF INTERRUPTION. CUSTOMER AGREES THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT MOTOROLA SOLUTIONS CONNECTIVITY’S LIABILITY AS PROVIDED HEREIN. UNDER NO CIRCUMSTANCES SHALL MOTOROLA SOLUTIONS CONNECTIVITY BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY SERVICES, ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICE, OR ATTORNEY’S FEES OR FOR ANY DELAY OR FAILURE TO PERFORM UNDER THIS MSA AND/OR SOA DUE TO CAUSES BEYOND MOTOROLA SOLUTIONS CONNECTIVITY’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO SERVICE INTERRUPTIONS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS OTHER LOSS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCETHIS AGREEMENT. MOTOROLA SOLUTIONS CONNECTIVITY IS NOT RESPONSIBLE OR LIABLE IF SERVICES ARE LOST, ERRORSTOLEN, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSMISUSED, OR LINE IF CUSTOMER IS THE VICTIM OF FRAUD, EXCEPT WHEN DUE SOLELY TO MOTOROLA SOLUTIONS CONNECTIVITY’S GROSS NEGLIGENCE OR SYSTEM FAILUREWILLFUL MISCONDUCT. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED CUSTOMER ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)LIMITATIONS CONTAINED HEREIN, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN FEES CHARGED FOR THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSERVICES WOULD BE HIGHER.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, YOUR ACCESS TO, OR ABILITY TO USE, THE MAXIMUM EXTENT PERMITTED SOFI BANK PLATFORM AND YOUR ACCOUNT MAY BE DELAYED, INTERRUPTED OR DISRUPTED DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, THE INTERRUPTION, DISRUPTION OR FAILURE OF ANY ELECTRONIC SYSTEM MAINTAINED OR MANAGED BY LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATESUS OR A THIRD‐PARTY WHICH IS USED TO FACILITATE A TRANSACTION, OR ANY PARTY INVOLVED INTERRUPTION, DISRUPTION OR FAILURE OF THE SOFTWARE OR INTERNET BASED ARCHITECTURE USED TO PROVIDE ACCESS AND FUNCTIONALITY TO YOUR ACCOUNT, ANY ACCOUNT SERVICES OR ANY PART OF THE SOFI BANK PLATFORM, WHETHER CAUSED BY STRIKES, POWER FAILURES, ACTS OF GOD, CATASTROPHE ,EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION, SOFTWARE FAILURE, CYBERSECURITY EVENTS, MALWARE OR OTHER REASONS. IN CREATINGNO SUCH EVENT SHALL SOFI BANK, PRODUCINGSOFI THIRD‐PARTY PARTNERS, THEIR AFFILIATES AND ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS OR DELIVERING THE PLATFORM OR HARDWARE CONTRACTORS BE LIABLE FOR DAMAGES ANY CLAIM ARISING FROM OR RELATED TO LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEYOU MAY INCUR BECAUSE OF ANY SUCH DELAY, DIRECTINTERRUPTION, INCIDENTALDISRUPTION OR SIMILAR FAILURE. Except where expressly prohibited by law, CONSEQUENTIALSoFi Bank, INDIRECTany SoFi Third‐Party Partner and their respective affiliates, SPECIALemployees, officers, directors, agents and subcontractors shall not be liable for any indirect, special or consequential damages arising out of or related to this Agreement, including without limitation; (i) except as expressly provided for herein, liability for negligence on the part of SoFi Bank, any SoFi Third‐Party Partner or their respective affiliates, employees, officers and directors, agents, and contractors; (ii) damages for lost profits, goodwill or other similar losses; (iii) any claim arising from the installation, use or maintenance of the SoFi Bank Platform, even if such damages were reasonably foreseeable and notice was given regarding such damages; or (iv) any claim arising from delay, interruption failure described in the preceding paragraph. The limitation does not apply where the laws governing your Account prohibit it. Additionally, we will not be liable to you for any loss, cost or expense you incur if, for instance: ● There are insufficient funds in your Account to complete a transaction. ● The funds in your Account are subject to legal hold or restriction or are otherwise not available for withdrawal; ● Access to your Account has been blocked after we have received information regarding a reported lost or stolen card, a fraud event, or suspicious Account activity; or ● We have reason to believe a requested transaction or withdrawal is unauthorized or would violate the terms and conditions of this Agreement or the SoFi Debit Card Agreement. SoFi Bank, any SoFi Third‐Party Partner or their respective affiliates, employees, officers, directors, agents, and contractors shall be liable only for actual proven damages arising from the negligent failure to perform their obligations hereunder, provided however that in no event shall any of the forgoing be liable for losses or damages in excess of the amount of the transaction from which the claim arises. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF SOFI BANK, SOFI THIRD‐PARTY PARTNERS, AND THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESSCONTRACTORS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. YOUR USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION ACCOUNT AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSOFI BANK PLATFORM.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT FOR CITRIX’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPET, YOU AGREE THAT NEITHER CITRIX NOR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCINGSUPPLIERS, OR DELIVERING THE PLATFORM OR HARDWARE AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR DAMAGES ANY LOSS OF DATA OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEPRIVACY, DIRECTLOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE PRODUCT, EXPERIMENTAL FEATURES, MAINTENANCE OR ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, OR DAMAGE ARISING FROM YOUR USE OF THIRD PARTY PRODUCTS OR HARDWARE, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR ACCESSEXPORTATION, USE, MISUSEREEXPORTATION, OR INABILITY TO USE IMPORTATION OF ANY OR ALL OF THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SAME. THIS LIMITATION WILL APPLY EVEN IF WE CITRIX, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH AND THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF PERFORMANCEESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. EXCEPT FOR CITRIX’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4 (UNLESS NOTED AT xxxxx://xxx.xxxxxx.xxx/buy/licensing/product.html), ERRORAND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OMISSIONIN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CITRIX, INTERRUPTIONITS AFFILIATES, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSSUPPLIERS, OR LINE AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE PRODUCT, EXPERIMENTAL FEATURES, MAINTENANCE TERM, CONSULTING DELIVERABLE OR SYSTEM FAILUREANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER AT ISSUE. USE YOU ACKNOWLEDGE THAT THE PRODUCT AND MAINTENANCE FEES REFLECT THESE ALLOCATIONS OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT PERMITTED BY LAWYOU. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)For purposes of this AGREEMENT, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUthe term “AFFILIATE” shall mean any entity that controls, NOW OR IN THE FUTUREis under common control with, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542or is controlled by CITRIX, WHICH PROVIDES AS FOLLOWS: where “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEcontrol” means the ownership, WHICHdirect or indirect, IF KNOWN BY HIM OR HERof a majority of CITRIX’ stock or other interest entitled allowing the owner to direct the affairs of CITRIX. AFFILIATES, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORsuppliers, and authorized distributors are intended to be third party beneficiaries of this AGREEMENT.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. We assume no liability for damage to the following: improperly installed, improperly maintained, defective, old, or deteriorated roof coverings or supports; sub-roof within the serviced area; siding; exterior covering or paint; underground pipes; sewer or drain lines; tanks; or any other non-visible installations. Our liability for any covered damages shall be limited to the Installation area specified in the System Design. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPETEVENT SHALL NEWPORT ELECTRIC CONSTRUCTION CORP., ITS OFFICERS, EMPLOYEES, AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, CONTRACTOR OR DELIVERING THE PLATFORM OR HARDWARE SUBCONTRACTOR BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OF ANY NATURE WHATSOEVER IN CONNECTION WITH OR PUNITIVE RELATING TO THIS CONTRACT IRRESPECTIVE OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND LOST PROFITS ARISING IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY LIABILITY, CONTRACT, AGREEMENT, OPERATION OF LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEWPORT ELECTRIC CONSTRUCTION CORP.’S TOTAL LIABILITY UNDER THIS CONTRACT, SHALL NOT EXCEED THE TOTAL SALE PRICE. FOR EXCEPT AS OTHERWISE SET FORTH IN THIS CONTRACT, NEWPORT ELECTRIC CONSTRUCTION CORP. MAKES NO WARRANTIES OR GUARANTEES EXPRESS OR IMPLIED, AND NEWPORT ELECTRIC CONSTRUCTION CORP. DISCLAIMS ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED WARRANTY IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF TITLE, CUSTOM, INFRINGEMENT OR USAGE. Thank you for choosing Newport Electric Construction Corp.! Should You have any questions or concerns, please contact Our Customer Service Department at xxxxx@xxxxxxxxxxxxxxx.xxx. NOTICE OF CANCELLATION (enter date of transaction) 9/16/2023 (Date) You may CANCEL this transaction, without any Penalty or Obligation, within FIVE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice to Newport Electric Construction Corp. 000 Xxxxxxxxxxx Xx, Xxxxxxx, XX 00000, NOT LATER THAN MIDNIGHT OF (Date) I HEREBY CANCEL THIS TRANSACTION. (Date), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCESEVENT SHALL WE, WILL SNAPPETOUR PROCESSORS, ITS SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, OR ANY PARTY INVOLVED IN CREATINGAGENTS, PRODUCINGDIRECTORS, OR DELIVERING THE PLATFORM OR HARDWARE AND EMPLOYEES) BE LIABLE FOR DAMAGES ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR LOSSES EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION NEGLIGENCEDAMAGES FOR LOSS OF PROFITS, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESSGOODWILL, USE, MISUSEDATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF DIGITAL WALLET, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH DIGITAL WALLET. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN DIGITAL WALLET. TO THE PLATFORMMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PROCESSORS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF DIGITAL WALLET, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH DIGITAL WALLET; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM DIGITAL WALLET; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH DIGITAL WALLET BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH DIGITAL WALLET; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER IN THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY LIABILITY, OR OTHERWISEANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREDAMAGE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR FOREGOING LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR LAW IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORAPPLICABLE JURISDICTION.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. LICENSEE USE OF THE API IS AT THE LICENSEES SOLE RISK AND DISCRETION. LICENSEE IS THE SOLE AND RESPONSIBLE PARTY FOR ANY DAMAGE TO LICENSEE EQUIPMENT, COMPUTER SYSTEM OR DATA LOSS THAT RESULTS FROM ANY DOWNLOAD OR USE OF THE API. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, EVENT SHALL NUSO OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE AFFILIATES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIALANY SPECIAL, INDIRECT, SPECIALINCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, OR PUNITIVE WITHOUT LIMITATION; DAMAGES AND FOR LOSS OF BUSINESS, LOST PROFITS OR REVENUE; BUSINESS INTERRUPTION OR WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION; DATA OR DATA USE; LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; OR ANY OTHER LOSS) ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OF; OR INABILITY TO USE IN ANY MANNER THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY API OR OTHERWISETHE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WE HAVE NUSO OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL NO EVENT SHALL NUSO’S AFFILIATES BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE DIRECT DAMAGES WHATSOEVER ARISING OUT OF THE USE OF; OR THE INABILITY TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMUSE THE API. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPETNUSO’S ENTIRE LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED GREATER OF THE AMOUNT ACTUALLY PAID BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (LICENSEE IN U.S. DOLLARS EQUIVALENT TO LICENSEE OF $100.00 AND ELSEWHERE LICENSEE AFFIRMS AND AGREES THAT THAT SHALL BE THE TOTAL DAMAGE CLAIM AMOUNT AS PERMITTED BY LAW), THE FOLLOWING SET FORTH IN THIS AGREEMENT AND NO OTHER COMPENSATION SHALL APPLY: YOU ALSO BE PAID TO LICENSEE OTHER THAN AS EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSET FORTH HEREIN.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. Notwithstanding any damages you might incur, the entire liability of HP and its licensor and suppliers under this AGREEMENT and your exclusive remedy under this AGREEMENT will be limited to the greater of the amount actually paid by you for the SOFTWARE or U.S. $5.00. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAWCONTRARY, UNDER IN NO CIRCUMSTANCESEVENT SHALL HP (OR ITS EMPLOYEES, WILL SNAPPETAGENTS, ITS AFFILIATES, SUPPLIERS AND LICENSORS) BE LIABLE TO END-USER OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE CLAIMING THROUGH END-USER FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, ANY INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, INCREASED COSTS OF OPERATION, LITIGATION COSTS AND LOST PROFITS ARISING OUT OF THE TERMS LIKE) WHETHER BASED UPON A CLAIM OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER ACTION IN CONTRACT, TORT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY ) OR OTHERWISE, EVEN IF WE HAVE IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF THE SOFTWARE, REGARDLESS OF WHETHER HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SUCH DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROMWAS REASONABLY FORESEEABLE. BECAUSE SOME JURISDICTIONS DO MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF THE FOREGOING WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S THE ABOVE LIMITATIONS MAY NOT APPLY TO END-USER. IN THE EVENT APPLICABLE PROVINCIAL, STATE, FEDERAL OR OTHER LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN SUCH JURISDICTIONS SHALL BE THIS AGREEMENT, THE LIABILITY OF HP, ITS EMPLOYEES, AND AGENTS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, EXCEPT SDSC WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE NOT BE LIABLE TO CUSTOMER FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSECONSEQUENTIAL DAMAGES, OR COSTS (INCLUDING, BUT NOT LIMITED TO, ANY COMPENSATION, REIMBURSEMENT, DAMAGES OR COSTS FOR BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUES, OR BUSINESS GOODWILL; THE INABILITY TO USE THE PLATFORMSERVICES OR DATA FOR ANY REASON; THE UNAUTHORIZED ACCESS TO, WHETHER IN CONTRACTALTERATION OF, TORTOR THE DELETION, NEGLIGENCEDESTRUCTION, STRICT LIABILITY DISCLOSURE, CORRUPTION, DAMAGE, LOSS OR OTHERWISEFAILURE TO STORE ANY DATA; OR ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON WHATSOEVER), EVEN IF WE HAVE SDSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT. SDSC DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SDSC’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES. 13. Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” CUSTOMER ACKNOWLEDGES THE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF DATA, PRIVACY, AND CONFIDENTIAL INFORMATION. SDSC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN CONNECTION WITH OTHERWISE REGARDING SERVICES OR DATA, INCLUDING ANY FAILURE OF PERFORMANCEWARRANTY THAT SERVICES OR DATA WILL BE UNINTERRUPTED, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION -FREE OR TRANSMISSION, COMPUTER VIRUSFREE OF HARMFUL COMPONENTS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU THAT ANY DATA WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE SECURE OR COMPUTER SYSTEM, NOT OTHERWISE LOST OR LOSS OF DATA RESULTING THEREFROMDAMAGED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED EXCEPT TO THE EXTENT PERMITTED PROHIBITED BY LAW. , SDSC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE WARRANTIES ARISING OUT OF ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW COURSE OF DEALING OR IN THE FUTURE, UNDER THE TERMS USAGE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORTRADE.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. EXCEPT FOR STM’S INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 8, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WILL SNAPPETCUSTOMER AGREES THAT NONE OF STM, ITS AFFILIATES, AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE LICENSORS SHALL BE LIABLE FOR DAMAGES ANY LOSS OF DATA OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEPRIVACY, DIRECTLOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM CUSTOMER’S USE OF THE PRODUCT, OR DAMAGE ARISING FROM CUSTOMER’S USE OF THIRD PARTY PRODUCTS OR HARDWARE OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE TERMS USE OF THE PRODUCT OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, HARDWARE. THIS LIMITATION WILL APPLY EVEN IF WE STM, ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR STM’S’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 8 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OR IN CONNECTION WITH ANY FAILURE NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PERFORMANCESTM, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREITS AFFILIATES AND LICENSORS EXCEED THE AMOUNT PAID FOR THE PRODUCT. USE CUSTOMER ACKNOWLEDGES THAT THE PRODUCT REFLECTS THESE ALLOCATIONS OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORCUSTOIMER.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCES, EVENT WILL SNAPPET, LICENSOR'S TOTAL AGGREGATE AND CUMULATIVE LIABILITY (IF ANY) TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. LICENSOR AND ITS AFFILIATES, SUPPLIERS SHALL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY INVOLVED AS A RESULT OF USING THE SOFTWARE. NOTWITHSTANDING THE FOREGOING, IN CREATING, PRODUCING, NO EVENT SHALL LICENSOR OR DELIVERING THE PLATFORM OR HARDWARE ANY OF ITS RESPECTIVE SUPPLIERS BE LIABLE FOR DAMAGES ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCECORRUPTED DATA, DIRECTOR REPROCUREMENT AMOUNT OR FOR INDIRECT, INCIDENTALPUNITIVE, CONSEQUENTIALAGGRAVATED, INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND LOST PROFITS REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISESOFTWARE, EVEN IF WE LICENSOR AND ITS SUPPLIERS HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EACH EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL IS INTENDED TO BE LIMITED TO THE EXTENT PERMITTED BY LAWA SEPARATE AND THEREFORE SEVERABLE EXCLUSION. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORThe parties agree that the limitations specified in this Section 15 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The provisions of this Agreement allocate the risks between Licensor and you. The fees reflect this allocation of risk and the limitations of liability herein.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, EVENT SHALL SELLER OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE SUBCONTRACTORS BE LIABLE TO PURCHASER FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, ANY INCIDENTAL, CONSEQUENTIAL, INDIRECTINDIRECT OR SPECIAL DAMAGES, SPECIALINCLUDING PUNITIVE OR TREBLE DAMAGES OR ATTORNEY’S FEES, WHETHER FORESEEABLE OR PUNITIVE DAMAGES AND LOST PROFITS UNFORESEEABLE, BASED ON CLAIMS OF PURCHASER OR ITS CLIENTS OR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF GOODWILL, PROFITS, USE OF MONEY OR USE OF PRODUCTS OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF THE TERMS BREACH OF EXPRESS OR YOUR ACCESSIMPLIED WARRANTY, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN BREACH OF CONTRACT, TORTMISREPRESENTATION, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE IN CONNECTION WITH ANY FAILURE OR ARISING OUT OF PERFORMANCETHIS CONTRACT, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY EXCEPT IN OPERATION THE CASE OF PERSONAL INJURY OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILUREPROPERTY DAMAGE WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. , PURCHASER’S RECOVERY FROM SELLER FOR ANY USER LOCATED DAMAGES SHALL NOT EXCEED THE PRICE PURCHASER PAID TO SELLER FOR SUCH PRODUCT. PURCHASER ASSUMES RESPONSIBILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE HANDLING, POSSESSION, USE, AND PURCHASER’S INSTALLATION OF ANY PRODUCT. ANY ACTION BY PURCHASER FOR BREACH OF THIS CONTRACT BY SELLER OR ANY OTHER CAUSES OF ACTION OF PURCHASER EXPRESSLY ALLOWED UNDER THIS CONTRACT MUST BE COMMENCED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), ONE YEAR AFTER THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS CAUSE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORACTION HAS ACCRUED.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. Section 27 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCESEVENT WILL WE, WILL SNAPPETZELLE, ITS AFFILIATESOWNERS, DIRECTORS, OFFICERS, AGENTS OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEWHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE OTHER INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE TERMS OR YOUR ACCESSZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, USE, MISUSEOMISSIONS, OR INABILITY OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ZELLE PAYMENT SERVICES DESCRIBED OR OTHERWISEPROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, OR YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR CONSEQUENTIAL DAMAGES, SNAPPET’S THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN SUCH JURISDICTIONS SHALL BE THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA , BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS (AND ELSEWHERE AS PERMITTED BY LAW$100.00), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR DAMAGES ANY PERSONAL INJURY, DEATH OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, FOR ANY INCIDENTAL, CONSEQUENTIALSPECIAL, INDIRECT, SPECIALPUNITIVE, EXEMPLARY OR PUNITIVE CONSEQUENTIAL DAMAGES AND WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF THE TERMS OR RELATED TO YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE PLATFORMLICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, WHETHER IN REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY TORT OR OTHERWISE, ) AND EVEN IF WE HAVE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR RESTRICT THE EXCLUSION LIMITATION OF LIABILITY FOR PERSONAL INJURY, DEATH, OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars (US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. YOU AND APPLICATION PROVIDER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR APPLICATION PROVIDER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN SUCH JURISDICTIONS SHALL ANY PROCEEDING IN WHICH YOU OR APPLICATION PROVIDER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND APPLICATION PROVIDER FURTHER AGREE THAT NO PROCEEDING WILL BE LIMITED TO JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW)PRIOR WRITTEN CONSENT OF YOU, THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY APPLICATION PROVIDER, AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND PARTIES TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORANY SUCH PROCEEDING.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. IN NO EVENT WILL WIREWHEEL OR WIREWHEEL’S PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE SERVICE PROVIDERS’ (COLLECTIVELY, THE “WIREWHEEL EXTENDED FAMILY”) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE SECTION 3 (PAYMENT) ABOVE. IN NO EVENT SHALL ANY MEMBER OF THE WIREWHEEL EXTENDED FAMILY HAVE ANY LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAWCUSTOMER, UNDER NO CIRCUMSTANCES, WILL SNAPPET, ITS AFFILIATESUSER, OR TO ANY THIRD PARTY INVOLVED IN CREATINGFOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, COVER OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORMHOWEVER CAUSED, WHETHER IN CONTRACT, TORTTORT OR UNDER ANY OTHER THEORY OF LIABILITY, NEGLIGENCE, STRICT LIABILITY AND WHETHER OR OTHERWISE, EVEN IF WE HAVE NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU THE FOREGOING DISCLAIMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED APPLY TO THE EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA The Services support logins using two-factor authentication (AND ELSEWHERE AS PERMITTED BY LAW“2FA”), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOUwhich is known to reduce the risk of unauthorized use of or access to the Services. We therefore will not be responsible for any damages, NOW OR IN THE FUTURElosses or liability to Customer, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542Authorized Users, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEor anyone else if any event leading to such damages, WHICHlosses or liability would have been prevented by the use of 2FA. Additionally, IF KNOWN BY HIM OR HERCustomer is responsible for all login credentials, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORincluding usernames and passwords, for administrator accounts as well the accounts of your Authorized Users. We will not be responsible for any damages, losses or liability to Customer, Authorized Users, or anyone else, if such information is not kept confidential by Customer or its Authorized Users, or if such information is correctly provided by an unauthorized third-party logging into and accessing the Services. The limitations under this Section 7 (Limitation of Liability) section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this Section 7 (Limitation of Liability) section allocate the risks under this Agreement between the parties, and the parties have relied on these limitations in determining whether to enter into this Agreement and the pricing for the Services.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. IN NO EVENT SHALL TRAVELLAB BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF TRAVELLAB HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL TRAVELLAB’S TOTAL AGGREGATE LIABILITY TO THE MAXIMUM TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO TRAVELLAB UNDER THIS AGREEMENT. TRAVELLAB IS ACTING AS A MERE AGENT FOR ALL SUPPLIERS OF ALL THIRD PARTY PROVIDED SERVICES AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY US. ANY AND ALL SUPPLIERS OF THIRD PARTY PROVIDED SERVICES, AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY TRAVELLAB ARE THIRD PARTY VENDORS AND TRAVELLAB RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCESTRAVELLAB DOES NOT ASSUME LIABILITY FOR ANY INJURY, WILL SNAPPETDAMAGE, ITS AFFILIATESDEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ANY PARTY INVOLVED IN CREATINGACTS ATTRIBUTABLE TO YOU YOURSELF, PRODUCINGINCLUDING, WITHOUT LIMITATION, NEGLIGENT OR DELIVERING THE PLATFORM OR HARDWARE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISERECKLESS ACTS, EVEN IF WE HAVE TRAVELLAB HAS BEEN ADVISED OF THE POSSIBILITY OF THAT SUCH DAMAGES, DAMAGES WERE POSSIBLE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORPROBABLE.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER IN NO CIRCUMSTANCESEVENT WILL WE, WILL SNAPPETZELLE, ITS AFFILIATESOWNERS, DIRECTORS, OFFICERS, AGENTS OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR HARDWARE NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEWHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, 15 of 18 SPECIAL, EXEMPLARY OR PUNITIVE OTHER INDIRECT DAMAGES AND LOST PROFITS ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE TERMS OR YOUR ACCESSZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, USE, MISUSEOMISSIONS, OR INABILITY OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ZELLE PAYMENT SERVICES DESCRIBED OR OTHERWISEPROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, OR YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR CONSEQUENTIAL DAMAGES, SNAPPET’S THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN SUCH JURISDICTIONS SHALL BE THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA , BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS (AND ELSEWHERE AS PERMITTED BY LAW$100.00), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF BNF DATA IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, WILL SNAPPETSHALL OPTUM, THE PUBLISHER, ITS AFFILIATES, ITS SUPPLIERS OR ANY PARTY INVOLVED IN CREATINGOF THEIR RESPECTIVE DIRECTORS, PRODUCINGOFFICERS, EMPLOYEES, OR DELIVERING THE PLATFORM OR HARDWARE AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SCHEDULE, YOUR USE OF OR INABILITY TO USE THE BNF DATA OR YOUR RELIANCE ON THE BNF DATA OR ANY RESULTS OBTAINED FROM USE OF THE BNF DATA. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES INCLUDING WITHOUT LIMITATION NEGLIGENCEAND DAMAGES OF ANY KIND WHATSOEVER, DIRECTWHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECTEXEMPLARY OR OTHERWISE, SPECIALINCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE, ANTICIPATED SAVINGS, PROFITS OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT GOODWILL. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, WHETHER IN ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ANY OTHER BASIS AND EVEN IF WE HAVE AN AUTHORISED REPRESENTATIVE OF THE PUBLISHER OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. For the avoidance of doubt, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCEnothing in this licence shall be construed so as to limit or exclude The Publisher's liability for personal injury or death caused by negligence, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. USE OF OUR PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SNAPPET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR ANY USER LOCATED WITHIN CALIFORNIA (AND ELSEWHERE AS PERMITTED BY LAW), THE FOLLOWING SHALL APPLY: YOU ALSO EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, NOW OR IN THE FUTURE, UNDER THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORor for fraudulent misrepresentation.” BY AGREEING TO THESE TERMS, YOU ARE STATING YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND EFFECTS OF SUCH WAIVER AND MAKE SUCH WAIVER VOLUNTARILY.