Common use of Warranties and Limitation of Liability Clause in Contracts

Warranties and Limitation of Liability. We represent and warrant to you that if we sell or license the Proprietary Programs to you: (A) we will have all rights, licenses and authorizations necessary to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements or modifications provided by us will not, to the best of our knowledge, infringe upon any United States patent, copyright or other proprietary right of any third party. If your use of the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do not represent or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.

Warranties and Limitation of Liability. We represent COMPANY represents and warrant warrants to you that if we sell or license the Proprietary Programs to youDEVELOPER that: (A1) we will have all rights, licenses and authorizations necessary COMPANY has the right to license the Proprietary Licensed Program and Support/Control Programs to youDEVELOPER, subject only to nonexclusive licenses granted to othersas set forth in this Agreement; and (B2) to the Proprietary best of COMPANY's knowledge, the Licensed Program and Support/Control Programs will do not, and as a result of any enhancements, improvements or modifications provided by us COMPANY, will not, to the best of our knowledge, not infringe upon any United States patent, copyright or other proprietary right of any third party. If your In the event DEVELOPER's use of the Proprietary Licensed Program or Support/Control Programs or any portion thereof, as provided by us COMPANY, is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we willCOMPANY shall, in our its sole discretion, either: either (1i) procure for you DEVELOPER the right to continue use of the Proprietary Licensed Program or Support/Control Programs as contemplated hereunder; , or (2ii) replace the Proprietary Licensed Program or Support/Control Programs or modify it such that there is no infringement of the third party’s 's rights; and such . Such action by us will COMPANY shall be your DEVELOPER's sole and exclusive remedy against us COMPANY in such event. We do not represent Neither COMPANY nor its designee represents or warrant warrants to youDEVELOPER, and expressly disclaim disclaims any warranty warranty, that the Proprietary Licensed Program or Support/Control Programs are error-free or that the their operation and use of the Proprietary Programs by you DEVELOPER will be uninterrupted or error-free. We Neither COMPANY nor its designee shall have no any obligation or liability for any expense or loss incurred by you DEVELOPER arising from use of the Proprietary Licensed Program or Support/Control Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE COMPANY AND/OR ITS DESIGNEE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE LICENSED PROGRAM, SUPPORT/CONTROL PROGRAMS, PROGRAM DOCUMENTATION, OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, THEREOF AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.

Warranties and Limitation of Liability. We You represent and warrant that Your Content is and shall be your own original work, or you have acquired the requisite consent to submit, post, transmit or make available that work through Your Usage Subscriptions, and has been lawfully provided to us, and that we shall be entitled to disclose Your Account Name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in Your Content but that any personal information you supply with Your Content may, if we choose to do so, be used by us as described in our Privacy Policy. You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms, whether express or implied, in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content, or as to satisfactory quality, or fitness for particular purpose. To the maximum extent permitted by applicable law, we exclude all liability, whether arising in contract, tort, breach of statutory duty or otherwise, which we may otherwise have to you that if we sell or license the Proprietary Programs to you: (A) we will have all rights, licenses and authorizations necessary to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancementserror or inaccuracies in any Content, improvements the unavailability of the Site for whatever reason, and any representation or modifications provided by us statement made on the Site. We will notnot be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, to the best for example if you lose revenue, salary, profits or reputation as a result of our knowledge, infringe upon any United States patent, copyright or other proprietary right of any third party. If your use of the Proprietary Programs as provided by us is enjoined as a result Site and/or the acts or omissions of a claim by a any third party such as other Users of patent the Site or copyright infringement any other indirect or violation of proprietary rights, we will, consequential loss or damage you may incur in relation to the Site and its Content. Under no circumstances shall our sole discretion, either: (1) procure aggregate liability to you for you the right to continue any and all claims arising from your use of the Proprietary Programs as contemplated hereunder; Site, including the downloading or (2) replace use of any Content, exceed to the Proprietary Programs or modify it such that there is no infringement of extent permitted by law the third party’s rights; and such action amounts paid by us will be your sole and exclusive remedy against you to us in such event. We do not represent or warrant relation to you, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and your use of the Proprietary Programs by you will be uninterrupted Site or error-free. We have no obligation its Content; Notwithstanding any other provision of the Terms, we do not exclude or limit our liability for any expense death or loss incurred by you personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded. Our exclusions of liability, as referred above, shall include, but not be limited to, damages for loss of profits, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss, even if Sky City or its affiliates have been advised of the possibility of such damages, resulting from the use or the inability to use Your Usage Subscriptions or any matter relating to Your Usage Subscriptions or to the Services including without limitation (i) any changes which Sky City may make to the Services, or for any permanent or temporary cessation in the provision of the Services, or any features within the Services; (ii) the deletion of, corruption of, or failure to send, display or store, any ads, content and other communications data maintained or transmitted by or through your use or other Users’ use of the Proprietary Programs in conjunction Services; (iii) your failure to provide Sky City with any other computer programaccurate account information or to keep your password or account details secure and confidential. Without limiting the generality Regardless of the foregoing, to the extent permitted by law, if we are found to be liable, our liability to you are solely responsible for inputting into and configuring or to any third party is limited to the Information System greater of: (a) the total fees you paid to accommodate information of local applicability, including state and local taxability of goods and services sold or provided Sky City in the Restaurants 12 months prior to the action giving rise to the liability, and state (b) $150 CAD. You expressly understand and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.agree that to the extent permitted by law:

Warranties and Limitation of Liability. We represent You accept responsibility for selection and warrant use of the Service and for any trading and other decisions made by you based on its use. You shall not use any Password or ID we supply to you that for clearing any transaction with another broker. You accept responsibility for the monitoring of your account. You will immediately notify your broker and us in writing if we sell or license you become aware of the Proprietary Programs to youfollowing: (Aa) any loss, theft or unauthorized use of your Password(s), IDs and/or account number(s); or (b) any failure by you to receive a message indicating that an order was received and/or executed; or (c) any failure by you to receive an accurate confirmation of an execution; or (d) any receipt of confirmation of an order and/or execution which you did not place; or (e) any inaccurate information in your account balances, positions, or transaction history. THE SERVICE IS PROVIDED “AS IS” AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES WHO MAY PROVIDE CONTENT OR OFFER OTHER SERVICES. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, FI1NESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, THOSE FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS. THIS EXCLUSION OR LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT THAT ANY APPLICABLE STATUTE PROHIBITS SUCH EXCLUSION OR LIMITATION OF LIABILITY. ANY LIABILITY ARISING OUT OF ANY ACTION OR OMISSION BY US SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT OF USER FEES PAID TO US BY YOU FOR SERVICE ACCESS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF, OR MATERIALS OBTAINED THROUGH, THE SERVICE. NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES, INCLUDING BUT NOT LIMITED TO THE NEW YORK STOCK EXCHANGE, INC. (EACH A “PROVIDER”), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SERVICE. THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY. Neither we will have all rightsnor any Provider shall be liable in any way to you or to any other person for: (a) any inaccuracy, licenses and authorizations necessary to license the Proprietary Programs to youerror or delay in, subject only to nonexclusive licenses granted to others; and or omission of (Bi) any such data, information or message, or (ii) the Proprietary Programs will not, and as a result transmission or delivery of any enhancementssuch data, improvements information or modifications provided message; or (b) any loss or damage arising from or occasioned by us will not(i) any such inaccuracy, error, delay or omission, (ii) non-performance, or (iii) interruption in any such data, information or message, due either to the best any negligent act or omission or to any condition of our knowledge“force majeure” (e.g., infringe upon any United States patentflood, copyright extraordinary weather condition, earthquake or other proprietary right act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or any other cause, whether or not within our or any Provider’s control. We shall not be deemed to have received any order or communication electronically transmitted by you until we have actual knowledge of such order or communication. The terms contained in any confirmation issued to you through the Service are subject to change or correction based on the trade data supplied to us by the relevant exchange or market on which the trade was transacted. The use and storage of any third party. If information including, without limitation, the Password, the ID, portfolio information, transaction activity, account balances and any other information or orders available to you through your use of the Proprietary Programs as provided by us Service is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole risk and exclusive remedy against us in such eventresponsibility. We do not represent You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or warrant to youalternative services required for accessing and using the Service, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation for all communications service fees and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss charges incurred by you arising from use of in accessing the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESService.

Warranties and Limitation of Liability. We represent COMPANY represents and warrant warrants to you that if we sell or license the Proprietary Programs to youLICENSE OWNER that: (A1) we will have all rights, licenses and authorizations necessary COMPANY has the right to license the Proprietary Programs Licensed Program to youLICENSE OWNER, subject only to nonexclusive licenses granted to othersas set forth in this Agreement; and (B2) to the Proprietary Programs will best of COMPANY's knowledge the Licensed Program does not, and as a result of any enhancements, improvements or modifications provided by us COMPANY, will not, to the best of our COMPANY's knowledge, infringe upon any United States patent, copyright or other proprietary right of any third party. If your In the event LICENSE OWNER's use of the Proprietary Programs Licensed 28 151 Program as provided required by us COMPANY is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we willCOMPANY shall, in our its sole discretion, either: either (1i) procure for you LICENSE OWNER the right to continue use of the Proprietary Programs Licensed Program as contemplated hereunder; , or (2ii) replace the Proprietary Programs Licensed Program or modify it such that there is no infringement of the third party’s 's rights; and such . Such action by us will COMPANY shall be your LICENSE OWNER's sole and exclusive remedy against us COMPANY in such event. We do not represent Neither COMPANY nor its designee represents or warrant warrants to youLICENSE OWNER, and expressly disclaim disclaims any warranty warranty, that the Proprietary Programs are Licensed Program is error-free or that the operation and use of the Proprietary Programs Licensed Program by you LICENSE OWNER will be uninterrupted or error-free. We Neither COMPANY nor its designee shall have no any obligation or liability for any expense or loss incurred by you LICENSE OWNER arising from use of the Proprietary Programs Licensed Program in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax ratesprogram not authorized by COMPANY. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE COMPANY AND/OR ITS DESIGNEE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE LICENSED PROGRAM, PROGRAM DOCUMENTATION, OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, THEREOF AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.