Common use of WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES Clause in Contracts

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank warrants that during the Subscription Term (a) the CONNECT Fraud Hub will achieve in all material respects the functionality described in the Service, and (b) such functionality will not be materially decreased during the Subscription Term. Datatank does not warrant that the CONNECT Fraud Hub will be error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels. 11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that the Services will meet Customer’s requirements, or that errors in the Services will be corrected. To the extent permitted by law, these warranties are exclusive and all other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposes.

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank 10.1. ORock warrants that during it will perform Services in all material respects as described in the Subscription Term Service Description. If the Services provided to Customer were not performed as warranted, Customer must promptly provide written notice to ORock that describes the deficiency in the Services (including, as applicable, the service request number notifying ORock of the deficiency in the Services). 10.2. In the event that Customer places Customer Hardware in any of the Customer-Controlled Infrastructure, the warranties contained in this Agreement shall be invalid, the Data and Security Provisions set forth in Section 9 will be inapplicable, the Service Level Agreement, or SLAs, set forth in Schedule D will be inapplicable, and the Support Agreement set forth in Schedule E will be inapplicable, and ORock will not provide any indemnification related to the Customer Hardware or ORock Infrastructure. 10.3. ORock does not guarantee that (a) the CONNECT Fraud Hub will achieve in all material respects the functionality described in the Service, and (b) such functionality will not be materially decreased during the Subscription Term. Datatank does not warrant that the CONNECT Fraud Hub Services will be performed error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels. 11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that ORock will correct all Services errors, (b) the Services will operate in combination with Customer Content or Customer Applications, or with any other hardware, software, systems or data not provided by ORock, (c) the Services will meet Customer’s requirementsRequirements, specifications or expectations and (d) the functionality or security of Customer-Controlled Infrastructure. Customer acknowledges that ORock does not control the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. ORock is not responsible for any delays, delivery failures, or that errors in other damage resulting from such problems. ORock is not responsible for any issues related to the performance, operation or security of the Services that arise from Customer Content, Customer Applications or Third-Party Content. ORock does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of Third-Party Content or Separately Licensed Third-Party Technology, and disclaims all liabilities arising from or related to Third Party Content and Separately Licensed Third-Party Technology. 10.4. For any breach of the Services warranty, Customer’s exclusive remedy and ORock’s entire liability shall be the correction of the deficient Services that caused the breach of warranty, or, if ORock cannot substantially correct the deficiency in a commercially reasonable manner, Customer may end the deficient Services and ORock will be correctedrefund to Customer the fees for the terminated Services that Customer pre-paid to ORock for the period following the effective date of termination. 10.5. To the extent permitted not prohibited by lawLaw, these warranties are exclusive and all there are no other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of conditions, including, but not limited, for software, hardware, systems, networks or environments or for merchantability, satisfactory quality, and non-infringement, quiet enjoyment, fitness for a particular purposepurpose or any warranties arising out of any course of dealing or usage of trade. 10.6. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposesReserved. .

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank warrants 13.1 Each party represents that during it has validly entered into this Agreement and that it has the Subscription Term (a) the CONNECT Fraud Hub will achieve in all material respects the functionality described in the Service, power and (b) such functionality will not be materially decreased during the Subscription Term. Datatank authority to do so. 13.2 Infoxchange does not warrant that the CONNECT Fraud Hub Services will be error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be performed free from minor errors or interruptions or that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in Infoxchange will correct all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels. 11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterruptedDeliverable errors, or that the Services or Deliverables will meet Customer’s requirementsexpectations. Infoxchange is not responsible for any issues related to the performance, operation or security of the Services or Deliverables (including any integration) to the extent caused by the Customer or by products or services not supplied by Infoxchange. 13.3 To the extent not prohibited by law, the warranties expressly set out in this Agreement are exclusive. However, you may have rights by law that arise under this Agreement, and this Agreement is subject to those rights. 13.4 The Customer warrants that it has not relied on any representation made by Infoxchange which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications obtained in any document including catalogues or publicity material produced by Infoxchange. 13.5 Any representation, warranty, condition, guarantee, indemnity or undertaking that errors in would be implied in, or affect, this Agreement by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage is excluded to the Services will be corrected. To the maximum extent permitted by law. 13.6 If and to the extent the Australian Consumer Law applies to the Services, these warranties Deliverables and/or Hardware under this Agreement: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are exclusive entitled: a) to cancel your service contract with us; and b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and all to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other warranties reasonably foreseeable loss or conditions damage from a failure in the goods or terms whether express or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposesservice.

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank warrants 6.1. The parties agree that the cloud Services to be rendered under this Agreement are a novel and diverse type of service and that in the case of a deficiency in performance, application of the specific warranty provisions of the law of obligations set forth in the German Civil Code would not be in the interests of the parties. It is therefore agreed that in connection with any deficiency of performance, the following provisions shall apply exclusively. 6.2. We warrant that during the Subscription Term (a) Services Period, we will perform the CONNECT Fraud Hub will achieve Services using commercially reasonable care and skill in all material respects the functionality as described in the Service, and (b) such functionality will not be materially decreased during the Subscription TermService Specifications. Datatank does We do not warrant that the CONNECT Fraud Hub Services will be performed error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels. 11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, that we will correct all Services errors, or that the Services will meet Customer’s requirementsYour requirements or expectations. We are not responsible for any issues related to the performance, operation or security of the Services that errors arise from Your Content or Third Party Content or services provided by third parties. 6.3. If a case of malperformance arises, You shall, without undue delay but at the latest within two weeks from when You first became aware of it, provide us with a written notice that describes the deficiency in the Services will be corrected(including, as applicable, the service request number notifying us of the deficiency in the Services). To If You fail to notify Oracle as required by this paragraph then any claims and rights out of the respective case of malperformance, to the extent permitted You could observe it, shall be excluded. 6.4. After having given notice pursuant to Section 6.3, You shall provide Oracle with the opportunity to remedy the notified case of malperformance. If this is substantially achieved then any potential breach of duty by lawOracle is deemed to have been remedied. If the case of malperformance cannot be remedied by a reasonable deadline, these warranties are exclusive and all other warranties You shall be entitled to terminate the affected order for cause with a reasonable grace period. In the case of intentional or conditions negligent malperformance on the part of Oracle, You might have, in addition to the aforementioned termination right, a claim for damages subject to the limitations set forth in Section 7. Any claims or terms whether express rights arising from a case of malperformance shall become time-barred six months after such case was first notified or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposesshould have been notified pursuant to Section 6.3.

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank 10.1. ORock warrants that during it will perform Services in all material respects as described in the Subscription Term Service Description. If the Services provided to Customer were not performed as warranted, Customer must promptly provide written notice to ORock that describes the deficiency in the Services (including, as applicable, the service request number notifying ORock of the deficiency in the Services). 10.2. In the event that Customer places Customer Hardware in any of the Customer-Controlled Infrastructure, the warranties contained in this Agreement shall be invalid, the Data and Security Provisions set forth in Section 9 will be inapplicable, the Service Level Agreement, or SLAs, set forth in Schedule C will be inapplicable, and the Support Agreement set forth in Schedule D will be inapplicable, and ORock will not provide any indemnification related to the Customer Hardware or ORock Infrastructure. 10.3. ORock does not guarantee that (a) the CONNECT Fraud Hub will achieve in all material respects the functionality described in the Service, and (b) such functionality will not be materially decreased during the Subscription Term. Datatank does not warrant that the CONNECT Fraud Hub Services will be performed error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels. 11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that ORock will correct all Services errors, (b) the Services will operate in combination with Customer Content or Customer Applications, or with any other hardware, software, systems or data not provided by ORock, (c) the Services will meet Customer’s requirementsRequirements, specifications or expectations and (d) the functionality or security of Customer-Controlled Infrastructure. Customer acknowledges that ORock does not control the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. ORock is not responsible for any delays, delivery failures, or that errors in other damage resulting from such problems. ORock is not responsible for any issues related to the performance, operation or security of the Services that arise from Customer Content, Customer Applications or Third-Party Content. ORock does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of Third- Party Content or Separately Licensed Third-Party Technology, and disclaims all liabilities arising from or related to Third Party Content and Separately Licensed Third-Party Technology. 10.4. For any breach of the Services warranty, Customer’s exclusive remedy and ORock’s entire liability shall be the correction of the deficient Services that caused the breach of warranty, or, if ORock cannot substantially correct the deficiency in a commercially reasonable manner, Customer may end the deficient Services and ORock will be correctedrefund to Customer the fees for the terminated Services that Customer pre-paid to ORock for the period following the effective date of termination. 10.5. To the extent permitted not prohibited by lawLaw, these warranties are exclusive and all there are no other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of conditions, including, but not limited, for software, hardware, systems, networks or environments or for merchantability, satisfactory quality, and non-infringement, quiet enjoyment, fitness for a particular purposepurpose or any warranties arising out of any course of dealing or usage of trade. 10.6. In the event of “Spillage” (as defined by NIST Special Publication 800-53 Revision 4, Security and Privacy Controls for Federal Information Systems and Organizations and delineated in Appendix 1 hereto) caused by an ORock customer, any cost incurred by ORock to mitigate damage and to completely repair the Spillage will be invoiced to the Customer. The Customer assumes all responsibility cost includes but is not limited to labor cost required to respond to the event and repair the damage, hardware and software replacement cost, and any applicable indirect costs. The hourly rate for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposesSpillage services will not exceed $300/hour. .

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank 13.1. Workbooks warrants that during the Subscription Term (a) the CONNECT Fraud Hub Workbooks Service will achieve in all material respects the functionality described in the Service, and (b) such functionality will not be materially decreased during the Subscription Termthe 13.2. Datatank does not warrant that the CONNECT Fraud Hub will be error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank Workbooks warrants that during the Subscription Term the CONNECT Fraud Hub Workbooks Service will meet the service levels specified in the Service Level Agreement listed in Schedule I. In Service 13.3. Workbooks warrants that: (a) subject to Section 6.1 the event Datatank fails to achieve the applicable service level in any month, Customer Consultancy Services will be entitledprovided in a timely and professional manner and Workbooks shall use its reasonable endeavours to comply with any time schedules agreed in writing between the parties and (b) the Consultancy Services will be provided with reasonable skill and care and will conform to the standards generally observed in the industry for similar services. For any breach of this warranty, as its sole the Customer’s exclusive remedy and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records Workbooks’ entire liability shall be used to calculate service levelsthe re-performance of the deficient services, or, if Workbooks cannot substantially correct a breach in a reasonable manner, the Customer may end the relevant Consultancy Services and recover the Consultancy Fees paid for the deficient services. 11.3 Datatank 13.4. Workbooks shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Servicessixty 13.5. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 1113, Datatank Workbooks does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that the Services will meet Customer’s requirements, or that errors in the Services or Service Documentation will be corrected. To the extent permitted by law, these warranties are exclusive and all other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposes.

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank warrants that during the Subscription Term (a) Term 11.1.1. the CONNECT Fraud Hub Opus Service will achieve in all material respects the functionality described in the ServiceService Documentation applicable to the Services purchased by the Customer, and (b) and 11.1.2. such functionality will not be materially decreased during the Subscription Term. . 11.2 Datatank does not warrant that the CONNECT Fraud Hub Opus Service will be error-free. The Customer’s sole and exclusive primary remedy for Datatank’ ’s breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub Opus Service to achieve in all material respects the functionality described in the Service DefinitionDocumentation. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Subscription Fees paid under the Agreement, for the terminated portion of the Subscription Term, plus such compensation for deficiencies in provision of the Services as may be appropriate. 11.2 11.3 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub Opus Service will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive immediate remedy, to a service credit in accordance with the terms set forth in Schedule I. The I (but this shall not lessen Datatank’s liability to pay the Customer other compensation for deficiencies in provision of the Services as may be appropriate). Customer agrees that Datatank Datatank’s system logs and other records shall (in the absence of manifest error) be used to calculate service levels. 11.3 11.4 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 11.5 Except as stated in Section this Condition 11, Datatank ▇▇▇▇▇▇▇▇ does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that the Services will meet Customer’s requirements, or that errors in the Services or Service Documentation will be corrected. To the extent permitted by law, these warranties are exclusive and (except to the extent expressed elsewhere in this Condition 11 all other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for the Customer’s purposes.

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank warrants that during the Subscription Term (a) Term 11.1.1. the CONNECT Fraud Hub Opus Service will achieve in all material respects the functionality described in the ServiceService Documentation applicable to the Services purchased by the Customer, and (b) and 11.1.2. such functionality will not be materially decreased during the Subscription Term. . 11.2 Datatank does not warrant that the CONNECT Fraud Hub Opus Service will be error-free. The Customer’s sole and exclusive primary remedy for Datatank’ ’s breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub Opus Service to achieve in all material respects the functionality described in the Service DefinitionDocumentation. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Subscription Fees paid under the Agreement, for the terminated portion of the Subscription Term, plus such compensation for deficiencies in provision of the Services as may be appropriate. 11.2 11.3 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub Opus Service will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive immediate remedy, to a service credit in accordance with the terms set forth in Schedule I. The I (but this shall not lessen Datatank’s liability to pay the Customer other compensation for deficiencies in provision of the Services as may be appropriate). Customer agrees that Datatank Datatank’s system logs and other records shall (in the absence of manifest error) be used to calculate service levels. 11.3 11.4 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 11.5 Except as stated in Section this Condition 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that the Services will meet Customer’s requirements, or that errors in the Services or Service Documentation will be corrected. To the extent permitted by law, these warranties are exclusive and (except to the extent expressed elsewhere in this Condition 11 all other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for the Customer’s purposes.

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank warrants that during the Subscription Term (a) the CONNECT Fraud Hub Citizen Insight will achieve in all material respects the functionality described in the Service, and (b) such functionality will not be materially decreased during the Subscription Term. Datatank does not warrant that the CONNECT Fraud Hub Citizen Insight will be error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub Citizen Insight to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub Citizen Insight will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels. 11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that the Services will meet Customer’s requirements, or that errors in the Services will be corrected. To the extent permitted by law, these warranties are exclusive and all other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposes.

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank 12.1 PHINITE warrants that during it will perform (i) Cloud Services in all material respects as described in the Subscription Term Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide written notice to PHINITE that describes the deficiency in the Services (including, as applicable, the service request number notifying PHINITE of the deficiency in the Services). 12.2 PHINITE does not guarantee that (a) the CONNECT Fraud Hub will achieve in all material respects the functionality described in the Service, and (b) such functionality will not be materially decreased during the Subscription Term. Datatank does not warrant that the CONNECT Fraud Hub services will be performed error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels. 11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that PHINITE will correct all services errors, (b) the Services services will operate in combination with Your Content, or with any other hardware, software, systems or data not provided by PHINITE, and (c) the services will meet Customer’s Your requirements, specifications or expectations. You acknowledge that errors PHINITE does not control the transfer of data over communications facilities, including the internet, and that the services may be subject to limitations, delays, and other problems inherent in the Services use of such communications facilities. PHINITE is not responsible for any delays, delivery failures, or other damage resulting from such problems. PHINITE is not responsible for any issues related to the performance, operation or security of the services that arise from Your Content or Third Party content. PHINITE does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of Third Party content, and disclaims all liabilities arising from or related to Third Party content. 12.3 For any breach of the services warranty, your exclusive remedy and PHINITE’s entire liability shall be the correction of the deficient services that caused the breach of warranty, or, if PHINITE cannot substantially correct the deficiency in a commercially reasonable manner, You may end the deficient services and PHINITE will be corrected. refund to You the fees for the terminated services that You pre- paid to PHINITE for the period following the effective date of termination. 12.4 To the extent permitted not prohibited by law, these warranties are exclusive and all other warranties or conditions or terms conditions, whether express or implied implied, are expressly excluded, including warranties for software, hardware, systems, networks or conditions of environments or for merchantability, satisfactory quality, quality and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposes.

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank 10.1. ORock warrants that during it will perform Services in all material respects as described in the Subscription Term Service Description. If the Services provided to Customer were not performed as warranted, Customer must promptly provide written notice to ORock that describes the deficiency in the Services (including, as applicable, the service request number notifying ORock of the deficiency in the Services). 10.2. In the event that Customer places Customer Hardware in any of the Customer-Controlled Infrastructure, the warranties contained in this Agreement shall be invalid, the Data and Security Provisions set forth in Section 9 will be inapplicable, the Service Level Agreement, or SLAs, set forth in Schedule D will be inapplicable, and the Support Agreement set forth in Schedule E will be inapplicable, and ORock will not provide any indemnification related to the Customer Hardware or ORock Infrastructure. 10.3. ORock does not guarantee that (a) the CONNECT Fraud Hub will achieve in all material respects the functionality described in the Service, and (b) such functionality will not be materially decreased during the Subscription Term. Datatank does not warrant that the CONNECT Fraud Hub Services will be performed error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term. 11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels. 11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇. 11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that ORock will correct all Services errors, (b) the Services will operate in combination with Customer Content or Customer Applications, or with any other hardware, software, systems or data not provided by ORock, (c) the Services will meet Customer’s requirementsRequirements, specifications or expectations and (d) the functionality or security of Customer-Controlled Infrastructure. Customer acknowledges that ORock does not control the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. ORock is not responsible for any delays, delivery failures, or that errors in other damage resulting from such problems. ORock is not responsible for any issues related to the performance, operation or security of the Services that arise from Customer Content, Customer Applications or Third Party Content. ORock does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of Third Party Content or Separately Licensed Third Party Technology, and disclaims all liabilities arising from or related to Third Party Content and Separately Licensed Third Party Technology. 10.4. For any breach of the Services warranty, Customer’s exclusive remedy and ORock’s entire liability shall be the correction of the deficient Services that caused the breach of warranty, or, if ORock cannot substantially correct the deficiency in a commercially reasonable manner, Customer may end the deficient Services and ORock will be correctedrefund to Customer the fees for the terminated Services that Customer pre-paid to ORock for the period following the effective date of termination. 10.5. To the extent permitted not prohibited by lawLaw, these warranties are exclusive and all there are no other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of conditions, including, but not limited, for software, hardware, systems, networks or environments or for merchantability, satisfactory quality, and non-infringement, quiet enjoyment, fitness for a particular purposepurpose or any warranties arising out of any course of dealing or usage of trade. 10.6. In the event of “Spillage” (as defined by NIST Special Publication 800-53 Revision 4, Security and Privacy Controls for Federal Information Systems and Organizations and delineated in Appendix 1 hereto) caused by an ORock customer, any cost incurred by ORock to mitigate damage and to completely repair the Spillage will be invoiced to the Customer. The Customer assumes all responsibility cost includes but is not limited to labor cost required to respond to the event and repair the damage, hardware and software replacement cost, and any applicable indirect costs. The hourly rate for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposesSpillage services will not exceed $300/hour. .