Common use of Warranties Clause in Contracts

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 1818 (Patent Infringement); or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER WARRANTY, EXPRESSED SYSTEMS OR IMPLIEDPROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. REGENTS MAKES NO REPRESENTATION BANK DOES NOT REPRESENT OR WARRANTY WARRANT THAT THE INVENTIONSYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED PREVENT UNAUTHORIZED ACCESS BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeWILL BE UNINTERRUPTED, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.SECURE OR ERROR FREE OR THAT

Warranties. 17.1 This license and the associated INVENTION are provided (a) TO THE EXTENT PERMITTED BY LAW, THE SUPPLIER, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, PERFORMANCE THEREOF OR ANY MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT WARRANTY LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, QUALITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, THE INFORMATION, DATA, SOFTWARE, APPLICATIONS OR ANY OTHER WARRANTYPRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE, EXPRESSED COMPLIANCE WITH RULES OR IMPLIED. REGENTS MAKES NO REPRESENTATION REGULATIONS, NON- INFRINGEMENT AND TITLE, SEQUENCING, TIMELINESS, ACCURACY OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS COMPLETENESS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYINFORMATION, AND BREACH ANY WARRANTIES ARISING FROM A COURSE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEDEALING, SUBLICENSEES, JOINT VENTURES USAGE OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTRADE PRACTICE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeALL SERVICES, usedINCLUDING DATA AND OTHER MATERIALS, or SOLD under any license granted in this PROVIDED UNDER THIS AGREEMENT is or will be free from infringement of patents of third parties; orARE PROVIDED ON AN “AS IS” BASIS AND THE CLIENT’S USE OF, OR ANY DECISIONS MADE IN RELIANCE OF THE SERVICES ARE AT THE CLIENT’S OWN RISK. FURTHERMORE, NO GUARANTEE IS MADE AS TO THE EFFICACY OR VALUE OF ANY SERVICES PERFORMED OR SOFTWARE, DATA, CODE OR OTHER MATERIALS DEVELOPED. (c) An obligation to bring or prosecute actions or suits against third parties for patent infringementTHE CLIENT ACKNOWLEDGES AND AGREES THAT NEITHER THE SERVICES NOR ANY OF THE INFORMATION OBTAINED BY OR THROUGH THE SERVICES ARE INTENDED TO SUPPLY INVESTMENT, except as provided in Article 18; or (d) Conferring by implicationFINANCIAL, estoppelACCOUNTING, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined hereinTAX, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSCOMMODITY TRADING, OR LEGAL ADVICE. THE CLIENT ACKNOWLEDGES AND AGREES THAT IT WILL CONSULT ITS OWN INVESTMENT, FINANCIAL, TAX, AND LEGAL ADVISORS TO THE EXTENT IT REQUIRES ANY SUCH ADVICE. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, A CREDIT RATING, OR ANY OBSERVATION CONCERNING A SECURITY OR INVESTMENT PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION TO BUY, SELL OR HOLD SUCH INVESTMENT OR SECURITY OR TO MAKE ANY OTHER INVESTMENT DECISIONS. THE SUPPLIER OFFERS NO ADVICE REGARDING THE NATURE, POTENTIAL FUTURE VALUE, OR SUITABILITY OF ANY PARTICULAR SECURITY, COMMODITY INTEREST, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES AND DATA, AND ANY DECISIONS MADE IN RELIANCE UPON THE SERVICES AND DATA, ARE MADE AT THE CLIENT’S OWN RISK. THE CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT NEITHER THE SERVICES NOR ANY INFORMATION OR DATA OBTAINED BY OR THROUGH THE SERVICES CONSTITUTE AN OFFER TO PURCHASE OR A SOLICITATION OF AN OFFER TO SELL SECURITIES.

Warranties. 17.1 This license 7.1 Each party represents and warrants that it has, and will maintain, the associated INVENTION are provided full legal right and authority to enter into the Agreement and to grant the rights granted by it under the Agreement. 7.2 CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS USING THE SERVICE, INCLUDING ALL OPPORTUNITY AND ACCOUNT INFORMATION AND ALL OTHER INFORMATION AND CONTENT, AT ITS OWN RISK, AND THAT THE SERVICES AND ALL SUCH INFORMATION AND CONTENT ARE MADE AVAILABLE ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY WARRANTIES OF MERCHANTABILITY ANY KIND. PARTNERTAP DOES NOT WARRANT THE ACCURACY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE SERVICE AND USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL SUCH INFORMATION AND CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTNERTAP DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTYNON-INFRINGEMENT WHETHER ARISING BY A COURSE OF DEALING, EXPRESSED USAGE OR IMPLIEDTRADE PRACTICE OR COURSE OF PERFORMANCE. REGENTS MAKES NO REPRESENTATION OR WARRANTY PARTNERTAP DOES NOT WARRANT THAT THE INVENTIONSERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, REGENTS’ PATENT RIGHTSOR WILL BE SECURE, LICENSED PRODUCTS, LICENSED SERVICES UNINTERRUPTED OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE ERROR FREE. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY LOST PROFITS, COSTS HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTANY FUTURE FUNCTIONALITY, OR FOR ON ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ORAL OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, WRITTEN PUBLIC COMMENTS OR AFFILIATES ARISING OUT ADVERTISING OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED PARTNERTAP IN ITS PURCHASE OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSERVICE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the PROGRAM shall substantially conform to SIMBA provided written specifications. In the event of any alleged breach of the above express warranties, you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to promptly repair or replace the associated INVENTION are provided PROGRAM or any portion thereof necessary to remedy the breach or to refund the fees actually received by SIMBA for this license. EXCEPT AS SET FORTH ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “WHERE IS” BASIS WITHOUT ANY WARRANTY OF MERCHANTABILITY ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONACCURACY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECTCONDITION ARISING FROM COURSE OF PERFORMANCE, INCIDENTAL, CONSEQUENTIAL, PUNITIVECOURSE OF DEALING OR USAGE OF TRADE. ▇▇▇▇▇ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURESTHAT THE OPERATION OF THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED, OR AFFILIATES ARISING OUT OF THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, ▇▇▇▇▇ DOES NOT WARRANT OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF MAKE ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE POSSIBILITY USE OF SUCH DAMAGESTHE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. REGENTS WILL NOT BE LIABLE FOR NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT WAY INCREASE THE SCOPE OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS WARRANTY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided THE AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANYKIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GATEWAY SERVICE OR THE SERVICE INFORMATION, OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYNONINFRINGEMENT, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF APPRISS EXPRESSLY DISCLAIMS ANY SUCH DAMAGESWARRANTIES. REGENTS WILL APPRISS DOES NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: WARRANT THAT: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSTHE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third partiesALL GATEWAY SERVICE ERRORSCAN BE CORRECTED; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18THE GATEWAY SERVICE MEETS ALL OF SUBSCRIBING ORGANIZATION’S BUSINESS REQUIREMENTS; or OR (d) Conferring by implicationTHE PMP DATA IS COMPLETE, estoppelACCURATE OR ERROR-FREE. SUBSCRIBING ORGANIZATION ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. SUBSCRIBING ORGANIZATION ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES SUBSCRIBING ORGANIZATION’SREQUEST TO ACCESS PMP DATA OR REVOKES SUBSCRIBING ORGANIZATION’S ACCESS TO PMP DATA, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSOR IF PMP DATA IS UNAVAILABLE FOR ANY REASON. SUBSCRIBING ORGANIZATION ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. 17.1 This license (a) The Westlake Parties shall use commercially reasonable efforts, as agent for Owner, to secure from vendors, suppliers and subcontractors, for Owner’s benefit, such warranties and guarantees as may reasonably be available regarding supplies, materials, equipment and services purchased for the associated INVENTION are provided WITHOUT Ethylene Assets in the performance of the Operating Services, and to enforce such warranties and guarantees on behalf of Owner. As regards any equipment, materials, supplies or services obtained by the Westlake Parties from vendors, suppliers and subcontractors, the only warranties, if any, applicable thereto and available to Owner shall be those offered by such vendors, suppliers and subcontractors. THE WESTLAKE PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTY, GUARANTY OR REPRESENTATION, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SUITABILITY OR MERCHANTABILITY, REGARDING THE DESIGN OR ANY OTHER WARRANTYCHARACTERISTICS OF THE ETHYLENE ASSETS OR ANY SUCH EQUIPMENT, EXPRESSED MATERIALS, SUPPLIES OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONSERVICE, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTALL OF WHICH ARE SPECIFICALLY DISCLAIMED AND NEGATED. 17.2 REGENTS WILL NOT (b) OWNER’S EXCLUSIVE REMEDIES WITH RESPECT TO EQUIPMENT, MATERIALS, SUPPLIES OR SERVICES OBTAINED BY THE WESTLAKE PARTIES FROM THIRD PARTY VENDORS, SUPPLIERS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY LOST PROFITSTHOSE UNDER THE VENDOR, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESSUPPLIER AND SUBCONTRACTOR WARRANTIES REFERENCED IN SECTION 12.1(a), LOST BUSINESSAND THE WESTLAKE PARTIES’ ONLY OBLIGATION, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED IN CONNECTION WITH ANY SUCH WARRANTY OR BREACH THEREOF, SHALL BE TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTUSE COMMERCIALLY REASONABLE EFFORTS TO ENFORCE SUCH WARRANTIES AND OWNER SHALL HAVE NO OTHER REMEDIES AGAINST THE WESTLAKE PARTIES WITH RESPECT TO EQUIPMENT, CONTRACTMATERIALS, NEGLIGENCESUPPLIES OR SERVICES OBTAINED BY THE WESTLAKE PARTIES FROM SUCH VENDORS, STRICT LIABILITY, SUPPLIERS AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSUBCONTRACTORS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, IF ANY, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR ANY OTHER WARRANTYTRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EXPRESSED THE LICENSOR PROVIDES NO WARRANTY OR IMPLIED. REGENTS UNDERTAKING, AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE INVENTIONLICENSED APPLICATION WILL MEET THE LICENSEE’S REQUIREMENTS, REGENTS’ PATENT RIGHTSACHIEVE ANY INTENDED RESULTS, LICENSED PRODUCTSBE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSAPPLICATIONS, COSTS OF PROCURING SUBSTITUTE GOODS SYSTEMS OR SERVICES, LOST BUSINESSOPERATE WITHOUT INTERRUPTION, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, MEET ANY PERFORMANCE OR FOR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ERRORS OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, DEFECTS CAN OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESCORRECTED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY THE GOODS AND SOFTWARE ARE PROVIDED “AS IS” AND, EXCEPT FOR ANY WARRANTY, CONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY APPLICABLE LAW, ALL WARRANTIES IMPLIED OR OTHERWISE NOT STATED IN THIS SECTION 7 ARE EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, CONDITIONS OR GUARANTEES WHICH CANNOT BE LAWFULLY EXCLUDED, OXFORD NANOPORE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF MERCHANTABILITY OR ANY KIND WITH RESPECT TO THE GOODS AND SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR ANY OTHER WARRANTYREGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY OXFORD NANOPORE EXPRESSLY DOES NOT WARRANT THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED THAT OPERATION OF THE POSSIBILITY GOODS OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR THE RESULTS OBTAINED FROM YOUR USE OF SUCH DAMAGESTHE GOODS AND SOFTWARE. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS YOU SHALL BEAR THE ENTIRE RISK AS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing QUALITY AND THE PERFORMANCE OF THE GOODS AND THE SOFTWARE. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by Oxford Nanopore or its agents which is not set out in this AGREEMENT is or will be construed as: (a) A Contract. Oxford Nanopore makes no warranty or representation by REGENTS as and gives no indemnity in respect of any third party's products, whether or not obtained from Oxford Nanopore. Oxford Nanopore’s supply of any such third party-produced products will be subject to separate terms and conditions of the manufacturer or licensor, which will be specified at the time of purchase in relation to such product. CERTAIN OF THE SOFTWARE LICENSED HEREUNDER MAY BE A BETA RELEASE AND MAY CONTAIN DEFECTS. THE PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE, THE IDENTIFICATION OF DEFECTS AND SUGGESTIONS FOR ADDITIONAL FEATURES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING DOCUMENTATION AND MATERIALS. IT IS POSSIBLE THAT THE USE OF THE GOODS MAY RESULT IN DATA THAT CANNOT BE INTERPRETED WITH THE SOFTWARE. SUBJECT TO OTHER PROVISIONS HEREIN, YOU MAY DEVELOP SOFTWARE TO INTERPRET DATA GENERATED USING THE SEQUENCING KIT PROVIDED BY OXFORD NANOPORE OR A CUSTOM SAMPLE PREPARATION. Any samples, training materials, descriptive material or advertising related to the validityGoods, enforceability whether or scope not, produced by Oxford Nanopore and any descriptions contained in or on the Oxford Website or in Oxford Nanopore’s marketing materials or product literature are produced for the purpose of general information only and shall not form part of this Contract or have any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTScontractual force.

Warranties. 17.1 This license and the associated INVENTION are provided (a) IRON MOUNTAIN WARRANTS ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER. EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ANY OTHER WARRANTYARISING FROM A COURSE OF DEALING, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTUSAGE, OR FOR ANY INDIRECTTRADE PRACTICE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY EXCLUDED TO THE EXTENT ASSIGNED OR LICENSED ALLOWED BY REGENTS’ INVENTORS APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY IRON MOUNTAIN PROMPTLY OF ANY CLAIMED BREACH OF ANY WARRANTIES AND SUCH PARTY’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE RETURN OF THE PORTION OF THE FEES PAID TO THIRD PARTIESIRON MOUNTAIN BY PAYING PARTY FOR SUCH NON-CONFORMING SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. THE WARRANTY PROVIDED IS SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation Depositor warrants that anything made, used, or SOLD under any license granted in all Depositor information provided hereunder is accurate and reliable and undertakes to promptly correct and update such Depositor information during the Term of this AGREEMENT is or will be free from infringement of patents of third parties; orAgreement. (c) An obligation Beneficiary warrants that all Beneficiary information provided hereunder is accurate and reliable and undertakes to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents promptly correct and update such Beneficiary information during the Term of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSthis Agreement.

Warranties. 17.1 This license and the associated INVENTION are provided ANY WARRANTIES WITH RESPECT TO DEVICES ARE SET FORTH IN THE SUPPLEMENTAL TERMS. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN AND IN THE SUPPLEMENTAL TERMS, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” VERIFONE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT WARRANTY LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDAND NON-INFRINGEMENT OF THIRD- PARTY RIGHTS. REGENTS MAKES NO REPRESENTATION OR WARRANTY VERIFONE DOES NOT WARRANT THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS PRODUCTS OR SERVICES, LOST BUSINESSOR ANY COMPONENT THEREOF, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTWILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS OR SERVICES, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED OR ENTIRELY ERROR FREE. YOU ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES DOES VERIFONE REPRESENT OR WARRANT THAT ALL ERRORS IN ANY SOFTWARE CAN BE REMEDIED. VERIFONE MAY, FROM TIME TO TIME, PROVIDE ITS ROADMAP OR PROJECTED IMPLEMENTATIONS FOR THE PRODUCTS OR SERVICES; SUCH INFORMATION IS NOT BINDING ON VERIFONE AND YOU SHOULD NOT RELY ON SUCH INFORMATION. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM VERIFONE OR FROM ANY INDIRECTOTHER PARTY ABOUT THE PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY. NOTHING IN THESE TERMS AND CONDITIONS OPERATES TO EXCLUDE, INCIDENTAL, CONSEQUENTIAL, PUNITIVERESTRICT, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEMODIFY THE APPLICATION OF ANY IMPLIED CONDITION, SUBLICENSEES, JOINT VENTURESWARRANTY, OR AFFILIATES ARISING OUT OF GUARANTEE, OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION THE EXERCISE OF ANY KIND (INCLUDNG TORTRIGHT OR REMEDY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD CONTRAVENE THAT LAW OR CAUSE ANY TERM OF THESE TERMS AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT CONDITIONS TO BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESVOID. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license (a) CU*ANSWERS represents and the associated INVENTION are warrants that all services will be provided WITHOUT WARRANTY in a professional and workmanlike manner. (b) CU*ANSWERS does not warrant that its services will be uninterrupted or error-free. (c) Except as provided in Section 7(a), above, CU*ANSWERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, FROM A COURSE OF DEALING, OR FROM USAGE OF TRADE OR INDUSTRY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES. CU*ANSWERS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES IN ANY OTHER WARRANTYEVENT. ALL SERVICES ARE PROVIDED "AS IS", EXPRESSED WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR IMPLIEDOF THE RESULTS OBTAINED FROM THE USE OF THESE SERVICES. REGENTS MAKES SERVICES ARE INTENDED, BUT NOT PROMISED OR GUARANTEED, TO BE CURRENT, COMPLETE, OR UP-TO-DATE AND SHOULD IN NO REPRESENTATION WAY BE TAKEN AS AN INDICATION OF FUTURE RESULTS. IN NO EVENT WILL CU*ANSWERS, OR WARRANTY THAT ITS RELATED PARTNERSHIPS OR CORPORATIONS, OR THE INVENTIONPARTNERS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES AGENTS OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT EMPLOYEES THEREOF BE LIABLE TO CREDIT UNION OR ANYONE ELSE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS DECISION MADE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVESPECIAL OR SIMILAR DAMAGES, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implicationCU*ANSWERS DOES NOT GUARANTEE THAT DATA SUBMITTED OR HELD IN STORAGE ON OR THROUGH ITS SYSTEMS WILL BE SECURE FROM UNAUTHORIZED ACCESS OR WILL BE FREE OF ERRORS OR OMISSIONS. CREDIT UNION UNDERSTANDS THAT CERTAIN RISKS ARE INHERENT IN THE TRANSMISSION OF INFORMATION, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; orAND CU*ANSWERS SHALL INCUR NO LIABILITY FOR THE BREACH OF DATA UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CU*ANSWERS. (e) An obligation to furnish any knowEXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NO WARRANTY OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY CU*ANSWERS WITH RESPECT TO SOFTWARE, SERVICES, BRAND MARKS, OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND CU*ANSWERS SPECIFICALLY DISCLAIMS) ALL WARRANTIES OF TITLE, NON-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY NO WARRANTIES; EQUIPMENT “AS IS”. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF MERCHANTABILITY THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS CONSTRUCTION OR WORKMANSHIP, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. COMPANY FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A PARTICULAR PURPOSE RESULT OF ANY DEFECTS, LATENT OR ANY OTHER WARRANTYOTHERWISE, EXPRESSED OR IMPLIEDIN THE EQUIPMENT. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT AS TO COMPANY, CUSTOMER HAS MADE THE INVENTIONDECISION TO RENT THIS EQUIPMENT AND OPERATOR/OILER BASED ON CUSTOMER’S REQUIREMENT’S FOR THIS PROJECT. COMPANY PROVIDES THIS EQUIPMENT, REGENTS’ PATENT RIGHTSOPERATOR/OILER AVAILABLE FROM A POOL OF AVAILABLE PERSONNEL AND MACHINES FOR CUSTOMER’S USE AND THE DECISION TO USE THIS EQUIPMENT, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL OPERATOR/OILER IS SOLELY CUSTOMER’S DECISION. CUSTOMER RENTS THE EQUIPMENT “AS IS”. COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOST PROFITSLOSS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTDELAY, OR FOR DAMAGE RESULTING FROM DEFECTS IN THE EQUIPMENT OR ANY INDIRECTACCIDENTAL BREAKAGE. NOTWITHSTANDING THE FOREGOING, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COMPANY SHALL REPLACE THE EQUIPMENT WITH SIMILAR EQUIPMENT IF THE EQUIPMENT FAILS TO OPERATE IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATIONS AND/OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF OPERATING INSTRUCTIONS. SUCH REPLACEMENT SHALL BE MADE AS SOON AS REASONABLY POSSIBLE AFTER CUSTOMER RETURNS THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESNON- CONFORMING EQUIPMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license For the avoidance of doubt the Third Party Products and the associated INVENTION Serviced are provided by or through NMS and not Bank; accordingly, Merchant acknowledges and agrees that Bank will have absolutely no liability for the performance or operation (or lack thereof) of any Third Party Products or Services. Additionally, Merchant acknowledges and agrees that ISO is only a reseller of, or referral source, for Third Party Products and Services, and as such, ISO shall not in any way be liable for the performance or operation (or lack thereof) of Third Party Products and Services and neither ISO nor Bank makes any warranties, representations or covenants with respect thereto. Any and all warranties, representations or covenants regarding Third Party Products and Services, if any, are and will be governed by the terms and conditions pursuant to which the Third Party Provider makes the applicable Third Party Products and Services available to Merchant. In the event that ISO resells any Third Party Products and Services to Merchant, it will pass through any warranties made available to ISO by the applicable Third Party Provider that such Third Party Provider permits to be passed through to Merchant. NEITHER ISO NOR BANK MAKES ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE THIRD PARTY PRODUCTS AND SERVICES AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTNONINFRINGEMENT, OR FOR ANY INDIRECTARISING FROM COURSE OF PERFORMANCE, INCIDENTALDEALING, CONSEQUENTIAL, PUNITIVE, USAGE OR OTHER SPECIAL DAMAGES SUFFERED TRADE. THIRD PARTY PRODUCTS AND SERVICES ARE BEING PROVIDED “AS-IS” BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND THROUGH ISO (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED EVEN BEING PROVIDED THEREBY), AND NEITHER ISO NOR BANK WARRANTS THAT THEY WILL MEET MERCHANT’S REQUIREMENTS OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR FREE, OR THAT ANY ERRORS WILL BE CORRECTED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 6.1 Although the Bank attempts to provide accurate Contents on the Service, we make no representation, endorsement, or warranty that such Contents are accurate and complete or that the associated INVENTION Contents or the Service are provided suitable for any particular purpose. In this regard, you are hereby advised that you should confirm directly with your Private Banker any Contents of the Service on which you plan to rely. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT YOUR SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT WARRANTY ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS RELATING TO MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES, CONDITIONS OR OTHER TERMS (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, INFORMATION THAT YOU TRANSMIT TO THE SERVICE OR TO THE CONTENTS OF THE SERVICE OR CONFIDENTIAL CLIENT INFORMATION. WE DO NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY OTHER WARRANTYPARTICULAR TIME, EXPRESSED THE INTEGRITY OF DATA TRANSMITTED TO OR IMPLIED. REGENTS MAKES NO REPRESENTATION FROM THE SERVICE OR WARRANTY MAINTAINED ON THE SERVICE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES SERVICE OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT THE CONTENTS THAT IT MAKES AVAILABLE ARE FREE FROM VIRUSES OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYHARMFUL COMPONENTS, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF WE MAY DISCONTINUE GENERATING CONTENTS OR PROVIDING THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSERVICE WITHOUT PRIOR NOTICE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 4.1 Corero warrants that the Services shall be provided in a professional and workmanlike manner, in accordance with the associated INVENTION are description provided herein. 4.2 TO THE MAXIMUM EXTENT PREMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THIS AGREEMENT, CORERO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT WARRANTY LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NEITHER THIS AGREEMENT NOR ANY OTHER WARRANTY, EXPRESSED DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO GUARANTEE OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY IMPLY THAT THE INVENTIONOPERATION OF THE SERVICES (i) WILL BE UNINTERRUPTED, REGENTS’ PATENT RIGHTSTIMELY, LICENSED PRODUCTSOR ERROR-FREE OR THAT THE EQUIPMENT WILL PROTECT AGAINST ALL POSSIBLE THREATS OR ATTACKS, LICENSED (ii) SECURITY THREATS, MALICIOUS CODE AND/OR VULNERABILITIES WILL BE IDENTIFIED AND BLOCKED, (iii) THE OPERATION OF THE SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT RENDER CUSTOMER’S NETWORK AND SYSTEMS SAFE FROM MALICIOUS CODE, INTRUSIONS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS SECURITY BREACHES, (iv) THERE WILL NOT BE LIABLE FOR ANY LOST PROFITSNO FALSE POSITIVES. THE LIMITED WARRANTY SET FORTH IN THIS WARRANTY AGREEMENT GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS UNDER APPLICABLE LAW, COSTS WHICH MAY VARY DEPENDING ON THE CUSTOMER LOCATION. NO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE OF PROCURING SUBSTITUTE GOODS CORERO IS AUTHORIZED TO CHANGE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ADD TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing WARRANTY AND REMEDIES SET FORTH HEREIN. All warranties and representations contained in this AGREEMENT is Section 4 shall survive termination or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope expiration of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSAgreement.

Warranties. 17.1 This license and the associated INVENTION are provided THE AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GATEWAY SERVICE OR THE SERVICE INFORMATION, OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYNONINFRINGEMENT, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF APPRISS EXPRESSLY DISCLAIMS ANY SUCH DAMAGESWARRANTIES. REGENTS WILL APPRISS DOES NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: WARRANT THAT: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSTHE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third partiesALL GATEWAY SERVICE ERRORS CAN BE CORRECTED; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18THE GATEWAY SERVICE MEETS ALL OF SUBSCRIBING ORGANIZATION’S BUSINESS REQUIREMENTS; or OR (d) Conferring by implicationTHE PMP DATA IS COMPLETE, estoppelACCURATE OR ERROR-FREE. SUBSCRIBING ORGANIZATION ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. SUBSCRIBING ORGANIZATION ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES SUBSCRIBING ORGANIZATION’S REQUEST TO ACCESS PMP DATA OR REVOKES SUBSCRIBING ORGANIZATION’S ACCESS TO PMP DATA, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSOR IF PMP DATA IS UNAVAILABLE FOR ANY REASON. SUBSCRIBING ORGANIZATION ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. 17.1 This license and the associated INVENTION are provided CUSTOMER REPRESENTS AND WARRANTS TO THE CUSTODIAN THAT: (A) CUSTOMER AND ITS USERS WILL ONLY USE THE SERVICE FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH THE CUSTODIAN’S REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES, AS WELL AS ALL ELECTRONIC FUNDS TRANSFER LAWS AND REGULATIONS AND INDUSTRY RULES, INCLUDING BUT NOT LIMITED TO THE OPERATING RULES AND GUIDELINES OF THE NATIONAL CLEARING HOUSE ASSOCIATION AND CARD ASSOCIATION RULES, IF APPLICABLE, AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (B) CUSTOMER AND ITS USERS WILL NOT (I) PROVIDE, DISCLOSE, DIVULGE OR MAKE AVAILABLE TO, OR PERMIT USE OF THE SERVICE BY, ANY THIRD PARTY; WITHOUT WARRANTY OF MERCHANTABILITY THE CUSTODIAN’S PRIOR WRITTEN CONSENT OR FITNESS FOR A PARTICULAR PURPOSE AS EXPRESSLY AUTHORIZED HEREIN (II) ENGAGE IN SPAMMING, MAILBOMBING, SPOOFING OR ANY OTHER WARRANTYFRAUDULENT, EXPRESSED ILLEGAL OR IMPLIED. REGENTS MAKES NO REPRESENTATION UNAUTHORIZED USE OF THE SERVICE; (III) INTRODUCE OR WARRANTY THAT TRANSMIT, WITHOUT LIMITATION, THROUGH THE INVENTIONSERVICE, REGENTS’ PATENT RIGHTSOR OTHERWISE, LICENSED PRODUCTS“JUNK MAIL”, LICENSED SERVICES “CHAIN LETTERS” ANY VIRUS, WORM, OR LICENSED METHOD WILL NOT INFRINGE OTHER DESTRUCTIVE ELEMENT; (IV) REMOVE, OBSCURE OR ALTER ANY PATENT COPYRIGHT NOTICE, TRADEMARKS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT RIGHTS NOTICES AFFIXED TO OR CONTAINED WITHIN THE SERVICE. CUSTOMER FURTHER REPRESENTS AND WARRANTS TO THE CUSTODIAN THAT CUSTOMER HAS ACCURATELY DESIGNATED IN WRITING TO THE CUSTODIAN THE GEOGRAPHIC LOCATION OF ITS USERS AND SHALL PROVIDE ANY UPDATES OR CHANGES TO SUCH INFORMATION TO THE CUSTODIAN. WITH RESPECT TO THE OBLIGATIONS OF CUSTOMER UNDER THIS SECTION, CUSTOMER SHALL BE LIABLE FOR RESPONSIBLE FOR, AND SHALL INDEMNIFY, DEFEND AND HOLD THE CUSTODIAN HARMLESS FROM AND AGAINST, ANY LOST PROFITSAND ALL CLAIMS, COSTS DAMAGES, COSTS, DEMANDS, EXPENSES, LIABILITIES AND LOSSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES AND ANY AND ALL FINES AND PENALTIES, ARISING FROM THE (1) USE OF PROCURING SUBSTITUTE GOODS THE SERVICE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, (2) ACCESS OF THE SERVICE BY CUSTOMER OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ITS USERS IN GEOGRAPHIC LOCATIONS OTHER SPECIAL DAMAGES SUFFERED THAN THOSE DESIGNATED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED CUSTOMER IN WRITING TO THIS AGREEMENT FOR ALL CAUSES OF ACTION THE CUSTODIAN. SHOULD CUSTOMER RECEIVE NOTICE OF ANY KIND (INCLUDNG TORTCLAIM REGARDING THE SERVICE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF CUSTOMER SHALL PROMPTLY PROVIDE THE POSSIBILITY CUSTODIAN WITH A WRITTEN NOTICE OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESCLAIM. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided DT WARRANTS THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER AND IN ACCORDANCE WITH ANY WRITTEN DOCUMENTATION OR PRODUCT DESCRIPTIONS PROVIDED BY DT OR OTHERWISE MADE AVAILABLE ON DT'S WEBSITE. CUSTOMER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT THE SOLE DISCRETION OF DT, THE RESTORATION OF THE SERVICE IN A MANNER THAT CONFORMS TO THESE WARRANTIES OR THE TERMINATION OF THE SERVICE AND THIS AGREEMENT AND A PRO RATA REFUND OF ANY PRE-PAID SUBSCRIPTION FEES PAID BY CUSTOMER FOR THE NON-CONFORMING SERVICES FOR THE PERIOD OF NON-CONFORMANCE. EXCEPT AS PROVIDED ABOVE, ALL INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY DT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND AND CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DT MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NOR DOES DT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER WARRANTY, EXPRESSED INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR IMPLIEDDATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. REGENTS MAKES NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF DT OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE BY DT FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPURPOSE, OR FOR GIVE RISE TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT LIABILITY OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION DT WHATSOEVER. MENTION OF ANY KIND (INCLUDNG TORTNON-DT PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION. IN THE EVENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES ABOVE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH THE MAXIMUM AMOUNT OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT EXCLUSIONS ALLOWED UNDER APPLICABLE LAW SHALL BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESAPPLIED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license For the avoidance of doubt the Third Party Products and the associated INVENTION Serviced are provided by or through NMS and not Bank; accordingly, Merchant acknowledges and agrees that Bank will have absolutely no liability for the performance or operation (or lack thereof) of any Third Party Products or Services. Additionally, Merchant acknowledges and agrees that NMS is only a reseller of, or referral source, for Third Party Products and Services, and as such, NMS shall not in any way be liable for the performance or operation (or lack thereof) of Third Party Products and Services and neither NMS nor Bank makes any warranties, representations or covenants with respect thereto. Any and all warranties, representations or covenants regarding Third Party Products and Services, if any, are and will be governed by the terms and conditions pursuant to which the Third Party Provider makes the applicable Third Party Products and Services available to Merchant. In the event that NMS resells any Third Party Products and Services to Merchant, it will pass through any warranties made available to NMS by the applicable Third Party Provider that such Third Party Provider permits to be passed through to Merchant. NEITHER NMS NOR BANK MAKES ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE THIRD PARTY PRODUCTS AND SERVICES AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTNONINFRINGEMENT, OR FOR ANY INDIRECTARISING FROM COURSE OF PERFORMANCE, INCIDENTALDEALING, CONSEQUENTIAL, PUNITIVE, USAGE OR OTHER SPECIAL DAMAGES SUFFERED TRADE. THIRD PARTY PRODUCTS AND SERVICES ARE BEING PROVIDED “AS-IS” BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND THROUGH NMS (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED EVEN BEING PROVIDED THEREBY), AND NEITHER NMS NOR BANK WARRANTS THAT THEY WILL MEET MERCHANT’S REQUIREMENTS OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR FREE, OR THAT ANY ERRORS WILL BE CORRECTED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license You expressly acknowledge and agree that use of the associated INVENTION are Font Software is at Your sole risk. Except as may be otherwise provided WITHOUT WARRANTY OF MERCHANTABILITY for herein, the Font Software and related documentation is provided “AS IS” and without warranty of any kind and LETTERMIN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR OTHERWISE. LETTERMIN DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LETTERMIN WILL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE THIRD PARTY FOR ANY LOST PROFITSDIRECT, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEOR INCIDENTAL DAMAGES, OR OTHER SPECIAL INCLUDING DAMAGES SUFFERED BY LICENSEEFROM LOSS OF BUSINESS PROFITS, SUBLICENSEESBUSINESS INTERRUPTION, JOINT VENTURESLOSS OF DATA, OR AFFILIATES LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR RELATED INABILITY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTUSE THE PRODUCT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS LETTERMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEUnder no circumstances will Lettermin’s liability exceed the cost of substitution or the replacement of the Font Software, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESthe choice between which is at the sole discretion of Lettermin. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and The following replaces any Section for “Disclaimer of Warranty” in the associated INVENTION are provided License Agreement in its entirety: EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SOFTWARE, DOCUMENTATION, CONFIDENTIAL INFORMATION AND ANY OTHER TECHNOLOGY OR MATERIALS PROVIDED BY SERVICE PROVIDER TO THE CUSTOMER ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND. EXCEPT AS OTHERWISE STATED IN THIS LICENSE AGREEMENT, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND NONINFRINGEMENT. THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES ▇▇▇ ▇▇▇▇ ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Services Warranty” in the SaaS Terms in its entirety: Service Provider warrants that all services performed hereunder shall be performed with reasonable skill and care. The following replaces any Section for “Disclaimer of Warranties” in the SaaS Terms in its entirety: ANY AND ALL OF SOFTWARE, SERVICES, CONFIDENTIAL INFORMATION AND ANY OTHER WARRANTYTECHNOLOGY OR MATERIALS PROVIDED BY SERVICE PROVIDER TO THE CUSTOMER ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN SECTION 6 OF THESE SAAS TERMS, EXPRESSED SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. REGENTS THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES ▇▇▇ ▇▇▇▇ ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Warranty” in the Support Terms in its entirety: Service Provider warrants all services performed under these Support Terms shall be performed with reasonable skill and care. EXCEPT AS OTHERWISE STATED IN THESE SUPPORT TERMS, SERVICE PROVIDER MAKES NO REPRESENTATION OTHER WARRANTIES, EXPRESS OR WARRANTY THAT THE INVENTIONIMPLIED INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FITNESS FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTA PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES ▇▇▇ ▇▇▇▇ ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Warranty” in the Services Terms in its entirety: Service Provider warrants that it has the right to enter into these Services Terms and that all Services performed under this Services Agreement shall be performed with reasonable skill and care. EXCEPT AS OTHERWISE STATED IN THESE SERVICES TERMS, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEA PARTICULAR PURPOSE, OR OTHER SPECIAL DAMAGES SUFFERED NONINFRINGEMENT. THE TERMS IMPLIED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED SECTIONS 3-5 OF THE POSSIBILITY SUPPLY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEGOODS AND SERVICES ▇▇▇ ▇▇▇▇ ARE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE FULLEST EXTENT ASSIGNED OR LICENSED PERMITTED BY REGENTS’ INVENTORS TO THIRD PARTIESLAW, EXCLUDED FROM THE CONTRACT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided 8.1 SUBJECT TO THE REMAINDER OF THIS CLAUSE 8, WE WARRANT THAT: 8.1.1 EACH SUBSCRIBED SERVICE WILL OPERATE MATERIALLY IN ACCORDANCE WITH ITS DESCRIPTION WHEN USED IN ACCORDANCE WITH THIS AGREEMENT UNDER NORMAL USE AND NORMAL CIRCUMSTANCES DURING THE RELEVANT SUBSCRIPTION TERM; AND 8.1.2 WE WILL PROVIDE EACH OF THE SERVICES WITH REASONABLE CARE AND SKILL. 8.2 YOU ACKNOWLEDGE THAT CLAUSE 8.1 DOES NOT APPLY TO FREE OR TRIAL SERVICES OR TO SUPPORT SERVICES PROVIDED IN CONNECTION WITH THE SAME. WITHOUT PREJUDICE TO OUR OBLIGATIONS UNDER THIS AGREEMENT IN RESPECT OF PROTECTED DATA, FREE OR TRIAL SERVICES AND SUPPORT SERVICES PROVIDED IN CONNECTION WITH THE SAME ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 8.3 THE SERVICES MAY BE SUBJECT TO DELAYS, INTERRUPTIONS, ERRORS OR OTHER PROBLEMS RESULTING FROM USE OF MERCHANTABILITY THE INTERNET OR FITNESS PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS USED BY THE PARTIES OR THIRD PARTIES OR BY THIRD PARTY SOFTWARE CONNECTED TO OUR SERVICES. YOU ACKNOWLEDGE THAT SUCH RISKS ARE INHERENT IN CLOUD SERVICES AND THAT WE WILL HAVE NO LIABILITY FOR ANY SUCH DELAYS, INTERRUPTIONS, ERRORS OR OTHER PROBLEMS. 8.4 IF THERE IS A PARTICULAR PURPOSE BREACH OF ANY WARRANTY IN CLAUSE 8.1 WE WILL AT OUR OPTION: USE REASONABLE ENDEAVOURS TO REPAIR OR REPLACE THE IMPACTED SERVICES WITHIN A REASONABLE TIME OR PAY THE COSTS OF HAVING THE RELEVANT SERVICES SUPPLIED AGAIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS CLAUSE 8.4 SETS OUT YOUR SOLE AND EXCLUSIVE REMEDY (HOWEVER ARISING, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) FOR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT BREACH OF ANY OF THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WARRANTIES IN CLAUSE 8.1. 8.5 THE WARRANTIES IN CLAUSE 8.1 ARE SUBJECT TO THE LIMITATIONS SET OUT IN CLAUSE 17 AND WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS APPLY TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed asTHAT ANY ERROR IN THE SERVICES ARISES AS A RESULT OF: 8.5.1 INCORRECT OPERATION OR USE OF THE SERVICES BY YOU, ANY AFFILIATE OR ANY APPROVED USER (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSINCLUDING ANY FAILURE TO FOLLOW THE DOCUMENTATION OR FAILURE TO MEET MINIMUM SPECIFICATIONS); 8.5.2 USE OF ANY OF THE SERVICES OTHER THAN FOR THE PURPOSES FOR WHICH IT IS INTENDED; or 8.5.3 USE OF ANY SERVICES WITH OTHER SOFTWARE OR SERVICES OR ON EQUIPMENT WITH WHICH IT IS INCOMPATIBLE (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.UNLESS WE RECOMMENDED OR REQUIRED THE USE OF THAT OTHER SOFTWARE OR SERVICE OR EQUIPMENT IN THE DOCUMENTATION);

Warranties. 17.1 This license 7.1 DevFactory warrants that it has the right to enter into this Agreement and grant the associated INVENTION are provided rights and licenses set forth herein, and that all Services performed under this Agreement shall be performed in a workmanlike and professional manner. 7.2 EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, ANY AND ALL SERVICES, DELIVERABLES, CUSTOMIZATIONS, DOCUMENTATION, CONFIDENTIAL INFORMATION AND ANY OTHER TECHNOLOGY OR MATERIALS PROVIDED BY DEVFACTORY TO THE CLIENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTNONINFRINGEMENT. 17.2 REGENTS WILL NOT BE LIABLE 7.3 CLIENT’S SOLE REMEDY FOR ANY LOST PROFITS, COSTS FAILURE OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR THE FOREGOING WARRANTY AND EXCLUSIVE REMEDY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION FAILURE OF ANY KIND OF SERVICES OR DELIVERABLES SUBMITTED BY DEVFACTORY SHALL BE (INCLUDNG TORTI) TO OBTAIN THE REPAIR, CONTRACT, NEGLIGENCE, STRICT LIABILITYREPLACEMENT, AND BREACH CORRECTION OF WARRANTYTHE DEFECTIVE SERVICES OR DELIVERABLES BY DEVFACTORY IN ACCORDANCE WITH SECTION 1.4, OR (II) TO OBTAIN A CREDIT EQUAL TO THE AMOUNTS ATTRIBUTABLE TO THE DEFECTIVE SERVICES OR DELIVERABLES WITH SUCH CREDIT TO BE UTILIZED FOR A FUTURE DELIVERABLE (THE “WORK CREDIT”). SHOULD A WORK CREDIT BE ISSUED, IT SHALL BE APPLIED TO THE PURCHASE OF ADDITIONAL WORK ABOVE AND BEYOND WORK PERFORMED FOR THE MINIMUM FEE (AS DEFINED IN SCHEDULE A) AND SHALL NOT, EXCEPT AS PROVIDED BELOW, REDUCE PAYMENTS DUE OR PAYABLE TO DEVFACTORY UNDER THE AGREEMENT. THE MINIMUM FEE SHALL BE APPLIED TO ALL WORK PERFORMED BEFORE ANY WORK CREDITS ARE APPLIED, AND UNUSED WORK CREDITS SHALL CARRY OVER TO FUTURE YEARS (“WORK CREDIT BALANCE”). IF CERTAIN TYPES OF SERVICES ARE CONSISTENTLY LEADING TO THE ACCUMULATION OF WORK CREDITS, CLIENT AND DEVFACTORY SHALL WORK TOGETHER IN GOOD FAITH TO ALLOCATE WORK CREDITS TO THE TYPES OF SERVICES THAT CAN BE SUCCESSFULLY DELIVERED BY DEVFACTORY, PROVIDED THAT CLIENT HAS A NEED FOR SUCH SERVICE (EVEN IF REGENTS THAT NEED HAD BEEN FULFILLED BY EMPLOYEES OR OTHER PROVIDERS). IF (A) CLIENT HAS BEEN ADVISED APPLIED ITS WORK CREDITS AND SERVICE REQUESTS TO THE RECOMMENDED SERVICES AS DESCRIBED ABOVE AND (B) THE WORK CREDIT BALANCE EXCEEDS 10% OF THE POSSIBILITY PREVIOUS YEAR’S MINIMUM FEE, AND (C) DEVFACTORY HAS NOT WORKED IN GOOD FAITH UNDER THIS AGREEMENT, THEN THE CURRENT YEAR’S MINIMUM FEE SHALL BE REDUCED BY THE DIFFERENCE BETWEEN THE WORK CREDIT BALANCE AND 10% OF SUCH DAMAGESTHE PREVIOUS YEAR’S MINIMUM FEE. REGENTS WILL NOT THE WORK CREDIT BALANCE SHALL BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED REDUCED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSAME AMOUNT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license Cogix represents and warrants to Licensee that it is the associated INVENTION are provided owner of the copyright to the Licensed Software, and that, to its knowledge, the Licensed Software does not infringe upon any copyright, trade secret, trademark or other proprietary or intellectual property right of any third party. LIMITATION OF LIABILITY. THE SOFTWARE IS PROVIDED, AND CLIENT ACCEPTS IT, "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS PERFORMANCE, ACCURACY OR COMPLETENESS. CLIENT IS ADVISED NOT TO RELY, AND HEREBY REPRESENTS THAT IT SHALL NOT RELY ON SUCH, FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COGIX DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDPURPOSE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, COSTS LOSS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECTDATA, INCIDENTAL, CONSEQUENTIAL, PUNITIVESPECIAL, OR OTHER SPECIAL PUNITIVE DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, OR NATURE WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, NEGLIGENCE, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND BREACH OF WARRANTY) OR OTHERWISE, EVEN IF REGENTS THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE LOSS OR DAMAGE ARISING FROM ANY MATTER RELATING TO THIS AGREEMENT; IN NO EVENT SHALL COGIX LIABILITY EXCEED THE COMPENSATION PAID BY CLIENT TO COGIX UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESPRECEDING TWELVE MONTH PERIOD. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY SELLER WARRANTS THAT THE GOODS WILL CONFORM STRICTLY TO THE FINAL SPECIFICATIONS AGREED BETWEEN THE PARTIES OR OTHERWISE ROQUETTE STANDARD SPECIFICATION. EXCEPT AS SET FORTH IN THIS SECTION 13, SELLER HEREBY EXCLUDES ANY AND ALL WARRANTIES. EXPRESS OR IMPLIED AND EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDMANNER WITH RESPECT TO THE GOODS. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL SELLER SHALL NOT BE LIABLE FOR AND BUYER ASSUMES RESPONSIBILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE ARISING FROM THE HANDLING POSSESSION, USE OR REPACKING OF THE GOODS BY BUYER OR OTHERS WHO OBTAIN THE GOODS THROUGH BUYER, WHETHER USED IN MANUFACTURING OR OTHERWISE, WHETHER USED SINGLY OR IN COMBINATION WITH ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTOTHER SUBSTANCES, OR FOR WHETHER USED OR CONSUMED IN ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF MANNER. ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED REPACKING OF THE POSSIBILITY OF SUCH DAMAGESGOODS VOIDS ALL WARRANTIES RESPECTING THE GOODS. REGENTS WILL NOT BUYER AND THIRD PARTIES REPACKING ANY GOODS TO BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESRESOLD UNDER THEIR RESPECTIVE SEALS AND LABELS DO SO ENTIRELY AT THEIR OWN RISK AND RESPONSIBILITY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided THE DEPARTMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GATEWAY SERVICE, THE APPRISS SERVICE INFORMATION, PMP DATA, PMP USER DATA. OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL PURPOSE.APPRISS DOES NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: WARRANT THAT: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSTHE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third partiesALL GATEWAY SERVICE ERRORS CAN BE CORRECTED; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18THE GATEWAY SERVICE MEETS ALL OF HEALTHCARE ENTITY’S BUSINESS REQUIREMENTS; or OR (d) Conferring by implicationTHE PMP DATA IS COMPLETE, estoppelACCURATE OR ERROR-FREE. HEALTHCARE ENTITY ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. HEALTHCARE ENTITY ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES HEALTHCARE ENTITY’S REQUEST TO ACCESS PMP DATA OR REVOKES HEALTHCARE ENTITY’S ACCESS TO PMP DATA, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSOR IF PMP DATA IS UNAVAILABLE FOR ANY REASON. HEALTHCARE ENTITY ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. 17.1 This license SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the PROGRAM shall substantially conform to SIMBA provided written specifications. In the event of any alleged breach of the above express warranties, you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to promptly repair or replace the associated INVENTION are provided PROGRAM or any portion thereof necessary to remedy the breach or to refund the fees actually received by SIMBA for this license. EXCEPT AS SET FORTH ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “WHERE IS” BASIS WITHOUT ANY WARRANTY OF MERCHANTABILITY ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONACCURACY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECTCONDITION ARISING FROM COURSE OF PERFORMANCE, INCIDENTAL, CONSEQUENTIAL, PUNITIVECOURSE OF DEALING OR USAGE OF TRADE. ▇▇▇▇▇ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURESTHAT THE OPERATION OF THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED, OR AFFILIATES ARISING OUT OF THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, SIMBA DOES NOT WARRANT OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF MAKE ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE POSSIBILITY USE OF SUCH DAMAGESTHE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. REGENTS WILL NOT BE LIABLE FOR NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT WAY INCREASE THE SCOPE OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS WARRANTY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 10.1. Each of Catchpoint Systems and Customer hereby represents and warrants to the associated INVENTION are provided WITHOUT other that it has all necessary rights and authority: (i) to enter into this Agreement; and (ii) to perform its obligations hereunder. 10.2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY OF THE SERVICE FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR FROM A COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, CATCHPOINT SYSTEMS SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR THE CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICE, AND CATCHPOINT SYSTEMS DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE OR SECURE OR OPERATE IN COMBINATION WITH ANY OTHER WARRANTYHARDWARE, EXPRESSED SOFTWARE, SYSTEM OR IMPLIED. REGENTS MAKES NO REPRESENTATION DATA; (B) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR WARRANTY THAT EXPECTATIONS; (C) THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED REPORTED DATA WILL BE ACCURATE OR RELIABLE; (D) THE PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINFORMATION, OR OTHER SPECIAL DAMAGES SUFFERED MATERIAL RECEIVED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.EXPECTATIONS;

Warranties. 17.1 This license and the associated INVENTION are provided (a) ESCROW AGENT WARRANTS ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER AND IN A MANNER CONSISTENT WITH THE MEASURES ESCROW AGENT TAKES TO PROTECT ITS OWN INFORMATION OF A SIMILAR NATURE, BUT IN NO CASE LESS THAN A REASONABLE LEVEL OF CARE. EXCEPT AS SPECIFIED IN THIS SECTION, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSATISFACTORY QUALITY, OR FOR ANY INDIRECTARISING FROM A COURSE OF DEALING, INCIDENTAL, CONSEQUENTIAL, PUNITIVEUSAGE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEETRADE PRACTICE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY EXCLUDED TO THE EXTENT ASSIGNED OR LICENSED ALLOWED BY REGENTS’ INVENTORS APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY ESCROW AGENT PROMPTLY UPON LEARNING OF ANY CLAIMED BREACH OF ANY WARRANTY AND, TO THIRD PARTIESTHE EXTENT ALLOWED BY APPLICABLE LAW, SUCH PARTY’S REMEDY FOR BREACH OF THIS WARRANTY SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES WAIVER IN THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation Depositor warrants that anything made, used, or SOLD under any license granted in this AGREEMENT all Depositor information provided hereunder is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents accurate and patent applications under REGENTS' PATENT RIGHTSreliable.

Warranties. 17.1 This license (a) Lessee acknowledges that Lessor is not the manufacturer of the Property nor the manufacturer’s agent nor a dealer therein. The Property is of a size, design, capacity, description and manufacture selected by the associated INVENTION are provided Lessee. Lessee is satisfied that the Property is suitable and fit for its purposes. LESSEE AGREES THAT LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO: (i) THE DESCRIPTION, CONDITION, DESIGN, QUALITY OR PERFORMANCE OF THE PROPERTY OR QUALITY OR CAPACITY OF MATERIALS OR WORKMANSHIP IN THE PROPERTY; (ii) ITS MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE WHETHER OR NOT DISCLOSED TO LESSOR; AND (iii) DELIVERY OF THE PROPERTY FREE OF THE RIGHTFUL CLAIM OF ANY PERSON BY WAY OF INFRINGEMENT OR THE LIKE. LESSOR EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. If the Software is not properly installed, does not function as represented or warranted by original licensor, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against original licensor and shall nevertheless pay all sums payable under the Lease, Lessee hereby waiving the right to make any such claims, against Lessor. Lessor shall not be liable to Lessee for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the Property or the use, possession or maintenance thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repair, service or adjustment, or by any interruption of service or loss of use thereof (including without limitation, Lessee’s use of or right to use any Software) or for any loss of business howsoever caused. (b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE LEASE, LESSOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LESSEE OR ANY OTHER WARRANTYTHIRD PARTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER SPECIAL EXEMPLARY DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, LOSS OF ACTION ANTICIPATED PROFITS, OR BENEFITS OF USE OR LOSS OF BUSINESS, EVEN IF LESSOR IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LEASE WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER PROVISION AND BREACH IS A SEPARABLE AND INDEPENDENT ELEMENT OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT RISK ALLOCATION AND IS INTENDED TO BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESENFORCED AS SUCH. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation Lessor assigns to bring or prosecute actions or suits against third parties for patent infringementLessee all assignable warranties on the Property, except including without limitation any warranties described in Lessor’s purchase contract, which assignment shall be effective only (i) during the Initial Period and any extensions thereof, and (ii) so long as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents no Event of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSDefault exists.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY WE ARE NOT A SELLER, SUPPLIER OR MANUFACTURER (AS SUCH TERMS ARE DEFINED OR USED IN THE UCC), OR DEALER, NOR A SELLER’S OR DEALER’S AGENT. THE EQUIPMENT IS LEASED HEREUNDER “AS IS”, AND WE HAVE NOT MADE, AND HEREBY DISCLAIM LIABILITY FOR, AND YOU HEREBY WAIVE ALL RIGHTS AGAINST US RELATING TO, ANY AND ALL WARRANTIES, REPRESENTATIONS OR OTHER OBLIGATIONS OF ANY KIND WITH RESPECT TO THE EQUIPMENT, EITHER EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING (i) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE USE OR ANY PURPOSE, (ii) COURSE OF DEALING OR USAGE OR TRADE OR (iii) COMPLIANCE WITH APPLICABLE LAW, TITLE OR FREEDOM FROM LIENS (OTHER WARRANTYTHAN LIENS CREATED BY US), EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONTRADEMARK, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY COPYRIGHT INFRINGEMENT, AND LATENT DEFECTS (WHETHER OR FOR ANY INDIRECTNOT DISCOVERABLE); it being agreed that all such risks, INCIDENTALare to be borne by You; and Our agreement to enter into this Agreement is in reliance upon the freedom from and complete negation of liability or responsibility for the matters waived and disclaimed herein. You hereby waive any claim against Us for any indirect, CONSEQUENTIALincidental or consequential damages to or losses resulting from any matter whatsoever. So long as no Event of Default has occurred and is continuing, PUNITIVEWe will not disturb Your quiet and peaceful possession, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEand use of the Equipment. In addition, SUBLICENSEESso long as no Event of Default has occurred and is continuing, JOINT VENTURESWe hereby transfer to You any warranties made to Us by the manufacturer, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTvendor or supplier, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as with respect to the validityEquipment, enforceability during the term of Your Summary Schedule and We shall take all actions and execute all documents reasonably requested by You to effect such transfer and to confer upon You all benefits of such warranties. We are not responsible for any liability, claim, loss, damage or scope expense of any REGENTS' PATENT RIGHTS; or kind (bincluding strict liability in tort) A warranty caused by the Equipment except for any loss or representation that anything madedamage caused by Our willful misconduct or grossly negligent acts. In no event are We responsible for special, used, incidental or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSconsequential damages.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT ANY PROJECT INTELLECTUAL PROPERTY, PATENT RIGHTS, LICENSED PRODUCTS AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR TITLE. Each party shall be responsible for any and all costs, damages, claims, liabilities or judgments which arise as a result of the negligence or intentional wrongdoing of its employees or other agents. GW WILL NOT BE LIABLE TO SPONSOR , ITS AFFILIATES, SUBLICENSEES, SUCCESSORS OR ASSIGNS, OR ANY OTHER WARRANTYTHIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM SPONSOR’S USE OF ANY PROJECT INTELLECTUAL PROPERTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; OR ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS . GW WILL NOT BE LIABLE TO SPONSOR, ITS AFFILIATES, SUBLICENSEES, SUCCESSORS OR ASSIGNS, OR ANY THIRD PARTY FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTBUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER SPECIAL CONSEQUENTIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESKIND. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided VENDOR WARRANTS THAT ALL GOODS, INCLUDING WITHOUT WARRANTY LIMITATION, ANY SERVICES OR INSTALLATION PROVIDED BY VENDOR TO TMI: (A) ARE FREE OF MERCHANTABILITY DEFECTS IN TITLE, LABOR, MATERIAL, FABRICATION OR FITNESS PROCESSING, (B) CONFORM TO APPLICABLE SPECIFICATIONS, DRAWINGS, SAMPLES OR IN OTHER DESCRIPTIONS PROVIDED TO OR BY THE VENDOR, (C) ARE FIT FOR A THEIR INTENDED PURPOSES, (D) ARE MERCHANTABLE, (E) ARE FREE OF DESIGN DEFECTS AND (F) ARE FIT FOR ANY PARTICULAR PURPOSE WHICH TMI MADE KNOWN TO VENDOR BY ANY METHOD OR ANY OTHER WARRANTYMEDIUM. THESE WARRANTIES SHALL RUN TO TMI, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONITS SUCCESSORS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYASSIGNS AND CUSTOMERS, AND TO BUYERS, USERS AND CONSUMERS OF THE GOODS. IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY THE UCC FOR BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF , VENDOR AT ITS OWN EXPENSE SHALL REPLACE, INSTALL OR CORRECT PROMPTLY ANY GOODS NOT CONFORMING TO THESE WARRANTIES, AND TMI MAY CHARGE THE POSSIBILITY OF SUCH DAMAGESVENDOR ALL COSTS INCURRED IN CORRECTING OR REPLACING GOODS NOT CORRECTED OR REPLACED BY THE VENDOR. REGENTS WILL NOT BE LIABLE NEITHER THESE WARRANTIES, ANY IMPLIED WARRANTIES NOR ANY REMEDY FOR ANY DIRECT DAMAGES SUFFERED BREACH OF WARRANTY MAY BE DISCLAIMED OR LIMITED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESVENDOR IN ANYWAY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided LESSOR WARRANTS TO LESSEE, SO LONG AS NO EVENT OF DEFAULT OR EVENT WHICH, WITH THE GIVING OF NOTICE, THE PASSAGE OF TIME, OR BOTH, WOULD CONSTITUTE AN EVENT OF DEFAULT, HAS OCCURRED, LESSOR WILL NOT DISTURB LESSEE'S QUIET AND PEACEFUL POSSESSION AND UNRESTRICTED USE OF THE EQUIPMENT. LESSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT WARRANTY LIMITATION, THE DESIGN OR CONDITION OF MERCHANTABILITY THE EQUIPMENT OR ITS MERCHANTABILITY, SUITABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND HEREBY DISCLAIMS ANY SUCH WARRANTY. OTHER THAN THE ABOVE WARRANTY WITH RESPECT TO QUIET AND PEACEFUL POSSESSION AND UNRESTRICTED USE OF THE EQUIPMENT, LESSEE SPECIFICALLY WAIVES ALL RIGHTS TO MAKE A CLAIM AGAINST LESSOR FOR BREACH OF ANY OTHER WARRANTY. LESSEE LEASES THE EQUIPMENT "AS IS." IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONNOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSLIABILITY, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESCLAIM, LOST BUSINESSLOSS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTDAMAGE, OR FOR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR ANY INDIRECTDEFICIENCY OR DEFECT THEREOF OR THE OPERATION, INCIDENTAL, CONSEQUENTIAL, PUNITIVEMAINTENANCE, OR OTHER SPECIAL REPAIR THEREOF OR ANY CONSEQUENTIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTYAS THAT TERM IS USED IN SECTION 2-719(3) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESMODEL UNIFORM COMMERCIAL CODE, AS AMENDED FROM TIME TO TIME ("UCC"). REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEELessor grants to Lessee, SUBLICENSEESfor the sole purpose of prosecuting a claim, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is the benefits of any and all warranties made available by the manufacturer or will be construed as: (a) A warranty or representation by REGENTS as the vendor of the Equipment to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSextent assignable.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY A. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO WARRANTIES OR REPRESENTATIONS WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT. B. COMPANY DOES WARRANT THAT SERVICE UNDER THIS AGREEMENT WILL BE COMPETENT AND THAT PARTS INSTALLED ON THE SYSTEM IN CONNECTION WITH SERVICE PROVIDED UNDER THIS AGREEMENT WILL MEET MANUFACTURER’S SPECIFICATIONS AT THE TIME THEY ARE INSTALLED. FAILURES TO PERFORM CONSISTENTLY WITH THIS WARRANTY WILL BE REMEDIED SOLEY BY THE COMPANY DURING THE TERM OF THIS AGREEMENT, BY CORRECTLY RE-PERFORMING NONCOMPLYING SERVICE(S) OR REPAIRING OR REPLACING DEFECTIVE MATERIALS PROVIDED BY THE COMPANY, UPON WRITTEN NOTICE TO THE COMPANY BY THE CLIENT DURING THE TERM(S) OF THIS AGREEMENT. C. THE COMPANY DOES NOT KNOW AND DOES NOT REPRESENT THAT THE CURRENT FIRE PROTECTION SYSTEM ON THE PROPERTY OF CLIENT WAS ORIGINALLY DESIGNED AND INSTALLED IN SUCH A WAY THAT THE SYSTEM WILL PERFORM AS ORIGINALLY INTENDED OR IS SUITABLE AND SUFFICIENT FOR ITS INTENDED PURPOSE GIVEN THE WAY IN WHICH THE PROPERTY HAS BEEN OR ANY OTHER WARRANTYWILL BE USED, EXPRESSED RECONFIGURED OR IMPLIEDMAINTAINED. REGENTS MAKES NO REPRESENTATION THIS AGREEMENT IS NOT A GUARANTEE OR WARRANTY THAT THE INVENTIONSYSTEM WILL IN ALL CASES (i) PROVIDE THE LEVEL OF PROTECTION FOR WHICH IT WAS ORIGINALLY INTENDED, REGENTS’ PATENT RIGHTS(ii) IS FREE OF ALL DEFECTS AND DEFICIENCIES, LICENSED PRODUCTSAND (iii) IS IN COMPLIANCE WITH ALL APPLICABLE CODES. CLIENT AGREES THAT IT HAS NOT RETAINED COMPANY TO MAKE THESE ASSESSMENTS AS PART OF THIS AGREEMENT. ANY SUCH ASSESSMENT MUST BE BY A SEPARATE AGREEMENT SUBJECT TO THESE TERMS AND CONDITIONS. COMPANY FURTHER DOES NOT REPRESENT, LICENSED SERVICES GUARANTEE OR LICENSED METHOD WARRANT THAT ANY EQUIPMENT REFERRED TO IN THIS AGREEMENT OR ANY SERVICE OR INSPECTION PROVIDED BY IT UNDER THIS AGREEMENT WILL NOT INFRINGE ANY PATENT RESULT IN A SYSTEM WHICH WILL OPERATE AS DESIGNED, OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE IS SUITABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPARTICULAR PURPOSE, OR FOR WILL PREVENT ANY INDIRECTLOSS BY BURGLARY, INCIDENTALFIRE OR OTHERWISE, CONSEQUENTIALOR WILL IN ALL CASES OR ANY PARTICULAR CASE AVERT OR PREVENT RISKS, PUNITIVELOSSES, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURESOCCURENCES, OR AFFILIATES ARISING OUT OF THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENT OR RELATED SERVICES WERE OR ARE DESIGNED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTPERFORM, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES DETECT OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESAVERT. 17.3 Nothing in this AGREEMENT D. The Company is or will be construed as: not responsible for any damages due to: (a1) A warranty or representation by REGENTS as to the validityincompatibility of materials within a CPVC piping system, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided Baroda M CLIP wallet SERVICES ARE PROVIDED ON AN “AS IS” AND ON A “WHEN AVAILABLE” BASIS. USE OF Baroda M CLIP wallet IS AT YOUR OWN RISK. Baroda M CLIP wallet IS PROVIDED WITHOUT WARRANTY WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS OR FITNESS IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO (a) IMPLIED WARRANTIES OF MERCHANTABILITY, (b) APPLICABILITY FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Baroda M CLIP wallet OR ITS ISSUERS OR OTHER RELATED SERVICE PROVIDERS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Baroda M CLIP wallet, ITS ISSUERS, ITS PROCESSORS, ITS PROVIDERS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT Baroda M CLIP wallet WILL MEET YOUR REQUIREMENTS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT Baroda M CLIP wallet SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT Baroda M CLIP wallet IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Baroda M CLIP wallet IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. Baroda M CLIP wallet DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Baroda M CLIP wallet OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER WARRANTYADVERTISING, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD AND Baroda M CLIP wallet WILL NOT INFRINGE BE A PARTY TO OR IN ANY PATENT WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Baroda M CLIP wallet, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY LOST PROFITSDIRECT, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESINDIRECT, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECTPUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVEOR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEINTANGIBLE LOSSES, SUBLICENSEESTHAT RESULT FROM THE USE OF, JOINT VENTURESINABILITY TO USE, OR AFFILIATES ARISING OUT UNAVAILABILITY OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESBaroda M CLIP wallet. REGENTS UNDER NO CIRCUMSTANCES WILL NOT Baroda M CLIP wallet BE LIABLE RESPONSIBLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEDAMAGE, SUBLICENSEESLOSS, JOINT VENTURES OR AFFILIATES ARISING OUT INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF Baroda M CLIP wallet, YOUR Baroda M CLIP wallet ACCOUNT, OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESINFORMATION CONTAINED THEREIN. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT.. for reference only 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, PERMITTED SUBCONTRACTORS, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 1818 (Patent Infringement); or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY SELLER EXPRESSLY WARRANTS THAT ALL GOODS FURNISHED PER ANY CONTRACT RESULTING FROM THE PO WILL: CONFORM TO ALL SPECIFICATIONS AND APPLICABLE LAWS, REGULATIONS, AND STANDARDS; WILL BE NEW, NOT USED, REFURBISHED OR RECONSTITUTED; WILL BE FREE FROM DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; AND THAT SELLER HAS GOOD TITLE AND AUTHORITY TO TRANSFER TITLE TO THE GOODS COVERED BY THE PO. SELLER WARRANTS THAT ALL SUCH GOODS, AND THE DISTRIBUTION, SALE AND USE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYSUCH GOODS, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE UPON ANY PATENT PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS INTELLECTUAL PROPERTY RIGHT IN ANY RELEVANT JURISDICTION. SELLER WARRANTS THAT ALL SUCH GOODS WILL CONFORM TO ANY STATEMENTS MADE ON THE CONTAINERS, LABELS OR ADVERTISEMENTS FOR SUCH GOODS, AND THAT ANY GOODS WILL BE ADEQUATELY CONTAINED, PACKAGED, MARKED, AND LABELED. SELLER WARRANTS THAT ALL GOODS FURNISHED WILL BE MERCHANTABLE, AND WILL BE SAFE AND APPROPRIATE FOR THE PURPOSE FOR WHICH GOODS OF THAT KIND ARE NORMALLY USED. IF SELLER KNOWS OR HAS REASON TO KNOW THE PARTICULAR PURPOSE FOR WHICH BUYER INTENDS TO USE THE GOODS, SELLER WARRANTS THAT SUCH GOODS WILL BE FIT FOR SUCH PARTICULAR PURPOSE. SELLER WARRANTS THAT GOODS FURNISHED WILL CONFORM IN ALL RESPECTS TO SAMPLES. INSPECTION, TEST, ACCEPTANCE OR USE OF THE GOODS FURNISHED WILL NOT BE LIABLE FOR ANY LOST PROFITSAFFECT SELLER'S OBLIGATION UNDER THIS WARRANTY, COSTS OF PROCURING SUBSTITUTE GOODS AND SUCH WARRANTIES WILL SURVIVE INSPECTION, TEST, ACCEPTANCE, AND USE. ▇▇▇▇▇▇ AGREES TO REPLACE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION CORRECT DEFECTS OF ANY KIND (INCLUDNG TORTGOODS NOT CONFORMING TO THE FOREGOING WARRANTIES PROMPTLY, CONTRACTWITHOUT EXPENSE TO BUYER, NEGLIGENCEWHEN NOTIFIED OF SUCH NONCONFORMITY BY BUYER, STRICT LIABILITYPROVIDED BUYER ELECTS TO PROVIDE SELLER WITH THE OPPORTUNITY TO DO SO. IN THE EVENT OF FAILURE OF SELLER TO CORRECT DEFECTS IN OR REPLACE NONCONFORMING GOODS PROMPTLY, BUYER, AFTER REASONABLE NOTICE TO SELLER, MAY MAKE SUCH CORRECTIONS OR REPLACE SUCH GOODS AND CHARGE SELLER FOR THE COST INCURRED BY BUYER IN DOING SO. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAY NOT LIMIT IN ANY MANNER THE TYPE OR AMOUNT OF DAMAGES TO WHICH BUYER IS ENTITLED FOR BREACH BY SELLER OF THESE WARRANTIES. THE WARRANTIES HEREIN EXTEND TO BUYER, RETAILERS, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF RETAILERS’ CUSTOMERS. THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, AND ANY DIRECT DAMAGES SUFFERED REMEDIES SPECIFIED IN CONNECTION THEREWITH, ARE CONSISTENT WITH AND IN ADDITION TO THOSE PROVIDED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESUNIFORM COMMERCIAL CODE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided (a) ESOP WARRANTS THAT ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER CONSISTENT WITH THE MEASURES ESOP TAKES TO PROTECT ITS OWN INFORMATION OF A SIMILAR NATURE, BUT IN NO CASE LESS THAN A REASONABLE LEVEL OF CARE. EXCEPT AS SPECIFIED IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSATISFACTORY QUALITY, OR FOR ANY INDIRECTARISING FROM A COURSE OF DEALING, INCIDENTAL, CONSEQUENTIAL, PUNITIVEUSAGE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEETRADE PRACTICE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY EXCLUDED TO THE EXTENT ASSIGNED OR LICENSED ALLOWED BY REGENTS’ INVENTORS TO THIRD PARTIESAPPLICABLE LAW. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeEACH PARTY MUST NOTIFY THE OTHER PARTIES PROMPTLY UPON LEARNING OF ANY CLAIMED BREACH OF ANY WARRANTY AND, usedTO THE EXTENT ALLOWED BY APPLICABLE LAW, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; orSUCH PARTY’S REMEDY FOR BREACH OF THIS WARRANTY SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES WAIVER IN THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. (c) An obligation Depositor warrants that to bring or prosecute actions or suits against third parties for patent infringement, except as its knowledge all Depositor information provided in Article 18; orhereunder is accurate and reliable and undertakes to promptly correct and update such Depositor information during the Term of this Agreement. (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents Beneficiary warrants that all Beneficiary information provided hereunder is accurate and reliable and undertakes to promptly correct and update such Beneficiary information during the Term of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSthis Agreement.

Warranties. 17.1 This license You expressly acknowledge and agree that use of the associated INVENTION are Font So£ware is at Your sole risk. Except as may be otherwise provided WITHOUT WARRANTY OF MERCHANTABILITY for herein, the Font So£ware and related documentation is provided “AS IS” and without warranty of any kind and LETTERMIN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR OTHERWISE. LETTERMIN DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LETTER- MIN WILL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE THIRD PARTY FOR ANY LOST PROFITSDIRECT, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEOR INCIDENTAL DAMAGES, OR OTHER SPECIAL INCLUDING DAMAGES SUFFERED BY LICENSEEFROM LOSS OF BUSINESS PROFITS, SUBLICENSEESBUSINESS INTERRUPTION, JOINT VENTURESLOSS OF DATA, OR AFFILIATES LOSS OF BUSI- NESS INFORMATION, ARISING OUT OF THE USE OR RELATED INABILITY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTUSE THE PRODUCT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS LETTERMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEUnder no cir- cumstances will Lettermin’s liability exceed the cost of substitution or the replacement of the Font So£ware, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESthe choice between which is at the sole discretion of Lettermin. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT Lessee agrees that it has selected each item of Equipment based upon its own judgment. LESSEE ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT: THE EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY, DESCRIPTION AND MANUFACTURE SELECTED BY THE LESSEE; LESSEE HAS RELIED ON ITS OWN SKILL AND EXPERIENCE IN SELECTING THE EQUIPMENT AND LESSEE IS SATISFIED THAT THE EQUIPMENT IS SUITABLE AND FIT FOR ITS PURPOSES; AND LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR AS TO THE QUALITY, CONDITION OR CAPACITY OF THE EQUIPMENT OR THE MATERIALS IN THE EQUIPMENT OR WORKMANSHIP OF THE EQUIPMENT, LESSOR’S TITLE TO THE EQUIPMENT , OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT WHATSOEVER. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY EQUIPMENT OR THE INVENTIONUSE OR MAINTENANCE THEREOF OR THE FAILURE OR OPERATION THEREOF, REGENTS’ PATENT RIGHTSOR BY ANY DELAY OR FAILURE TO PROVIDE ANY SUCH MAINTENANCE, LICENSED PRODUCTSREPAIRS, LICENSED SERVICES SERVICE OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL ADJUSTMENT LESSOR SHALL NOT BE LIABLE FOR DAMAGES OF ANY LOST PROFITSKIND, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESINCLUDING ANY LIABILITY FOR CONSEQUENTIAL DAMAGES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF THE USE OF OR RELATED THE INABILITY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED USE THE EQUIPMENT. NO DEFECT OR UNFITNESS OF THE POSSIBILITY EQUIPMENT AND NO FAILURE ON THE PART OF SUCH DAMAGESTHE MANUFACTURER OR THE SHIPPER OF THE EQUIPMENT OR ANY OTHER THIRD-PARTY SERVICE PROVIDER TO DELIVER THE EQUIPMENT OR ANY PART THEREOF OR TO PROVIDE ANY SERVICE THEREOF TO LESSEE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR ANY OTHER OBLIGATION HEREUNDER. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEELessor shall have no obligation in respect of the Equipment and shall have no obligation to install, SUBLICENSEESerect, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing test, adjust or service the Equipment. Lessee shall look only to persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason and in this AGREEMENT any way be defective. To the extent permitted by the manufacturer and/or vendor and provided Lessee is or will be construed as: (a) A warranty or representation by REGENTS as not in default under the Lease, Lessor shall make available to Lessee all manufacturer and/or vendor warranties with respect to the validityEquipment. All such risks, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeas between Lessor and Lessee, used, or SOLD under any license granted in this AGREEMENT is or will are to be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring borne by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSLessee.

Warranties. 17.1 This license The limited warranties for Contractor-branded hardware shall be as stated in the documentation provided with the hardware. If there is no such documentation, then the warranties shall be as stated at ▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇. Contractor warrants that Hardware Services shall be performed in a good and workmanlike manner. OETC’s exclusive remedy and Contractor’s sole obligation for any breach of any Hardware Services warranty shall be for Contractor to re-perform the associated INVENTION are provided WITHOUT non-conforming Hardware Services. EXCEPT AS EXPRESSLY STATED BY CONTRACTOR IN THIS AGREEMENT, ANY APPLICABLE SOW, AMENDMENT OR EXHIBIT HERETO, ANY DELL WEBSITE OR DELIVERED WITH ANY PRODUCT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTRACTOR (INCLUDING CONTRACTOR AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF MERCHANTABILITY THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (a) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONPERFORMANCE, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSUITABILITY, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSNON-INFRINGEMENT; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third partiesFOR ANY THIRD-PARTY PRODUCTS OR SERVICES; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18FOR THE PERFORMANCE OF OR RESULTS TO BE OBTAINED FROM ANY PRODUCTS OR SERVICES; or OR (d) Conferring by implicationTHAT THE PRODUCTS OR SERVICES WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION OR ERROR. PRODUCTS AND SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS, estoppelREQUIRING FAIL-SAFE PERFORMANCE, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined hereinSUCH AS ANY APPLICATION IN WHICH THE FAILURE OF THE PRODUCTS OR SERVICES COULD LEAD DIRECTLY TO DEATH, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (e) An obligation to furnish any knowCOLLECTIVELY, “HIGH-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSRISK ACTIVITIES”). WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICES NOT PERFORMED OR AUTHORIZED BY CONTRACTOR (INCLUDING INSTALLATION OR DE- INSTALLATION), USAGE NOT IN ACCORDANCE WITH THE DOCUMENTATION, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE PRODUCTS OR HARDWARE SERVICES. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER, OR ORIGINAL MANUFACTURER. ALL THIRD-PARTY PRODUCTS ARE PROVIDED BY CONTRACTOR “AS IS.”

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; oror for reference only (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 1818 (Patent Infringement); or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license KRT warrants that at the time of the final inspection by the Customer, the Work will conform to the specifications set forth on the WIS. Any warranty given by KRT excludes any acts, omissions, conditions or events affecting or relating to the Grass or the Work not caused by KRT, including but not limited to, improper maintenance, excess or insufficient watering, unsuitable soil conditions, the presence of toxic elements in the soil or water (including salt), the existence or use of pre-emergents or herbicides, abnormal weather conditions, and the associated INVENTION are provided WITHOUT acts or omissions of others. KRT shall have no liability for any deterioration in quantity or quality of the Grass after the Customer approves the Work in accordance with Section 11 of this Agreement. It will be the Customer’s responsibility to provide soil, water, and/or tissue analysis from any lab approved by KRT in its reasonable discretion, should any alleged breach by KRT occur. EXCEPT FOR THE SPECIFIC WARRANTY SET FORTH IN THIS SECTION, KRT DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, AND THE CUSTOMER EXPRESSLY WAIVES, ANY OTHER WARRANTIES OF ANY KIND, RELATING TO THE WORK OR THE GRASS INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTYWARRANTIES CONCERNING THE QUALITY, EXPRESSED COMPOSITION, OR CHARACTERISTICS OF THE WORK OR THE GRASS, REGARDLESS OF WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ALLEGEDLY ARISING FROM ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, USAGE OF TRADE OR FROM ANY COURSE OF DEALING. THE CUSTOMER AGREES THAT IT IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF KRT OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THAN AS EXRESSLY SET FORTH IN THIS AGREEMENT FOR ALL CAUSES AND THAT NO OTHER REPRESENTATIONS AND WARRANTIES HAVE BEEN MADE BY KRT. THE PROVISIONS OF ACTION THIS SECTION 12 SHALL SURVIVE TERMINATION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license A. As its exclusive warranties, Seller warrants to Buyer that, at the Delivery Point: (i) the Product shall conform to the specifications specifically set forth in Article I, Section O and (ii) title to the associated INVENTION are provided WITHOUT WARRANTY Product shall be free from any security interest, lien, or encumbrance. EXCEPT AS SPECIFICALLY SET FORTH IN THE PRECEDING SENTENCE, (I) BUYER ACKNOWLEDGES AND AGREES THAT ▇▇▇▇ NITROGEN, AND ITS RESPECTIVE AFFILIATES HAVE NOT MADE, DO NOT MAKE, AND EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, COVENANTS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF MERCHANTABILITY LAW OR OTHERWISE, AS TO THE MERCHANTABILITY, QUANTITY, CONDITION, OR QUALITY OF THE PRODUCT OR ITS SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR ANY OTHER USE AND (II) THE PRODUCT IS SOLD "AS IS". B. Seller's liability, and Buyer's exclusive remedy, for any cause of action arising out of or related to the breach of the warranty above, is, at Buyer's option, limited to (i) replacement of the non-conforming Product at the Delivery Point or (ii) a refund to Buyer of the portion of the Price allocable to such non conforming Product. IN NO EVENT WILL SELLER'S CUMULATIVE LIABILITY UNDER THE AGREEMENT EXCEED THE TOTAL SALES PRICE OF THE PRODUCT OR THE COST OF SUBSTITUTE PRODUCT, WHETHER ARISING UNDER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTGUARANTEE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH INDEMNIFICATION, FAILURE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED ESSENTIAL PURPOSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER. WITHOUT LIMITATION ON THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT FOREGOING, UNDER NO CIRCUMSTANCES SHALL EITHER ▇▇▇▇ NITROGEN OR BUYER BE LIABLE OR HAVE ANY RESPONSIBILITY TO THE OTHER OR ANY OTHER THIRD PARTY FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEINDIRECT, SUBLICENSEESSPECIAL, JOINT VENTURES CONSEQUENTIAL, EXEMPLARY, OR AFFILIATES ARISING OUT OF PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST EARNINGS, LOST PROFITS, OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBUSINESS INTERRUPTION. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING DIGITAL BANKING, ANY OF THE SERVICES OR FEATURES ACCESSED THROUGH DIGITAL BANKING, PFM SOFTWARE, WEB BROWSERS, APPS ACCESSED THROUGH THE INTERNET, OR ANY INTERNET SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, EXCEPT TO THE EXTENT REQUIRED BY LAW. REGENTS MAKES ALL IMPLIED WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL ANY LICENSOR OR SERVICE PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY THIRD-PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE INVENTIONUSE OF DIGITAL BANKING. NO ADVICE OR INFORMATION, REGENTS’ PATENT RIGHTSWHETHER ORAL OR WRITTEN, LICENSED PRODUCTSOBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF DIGITAL BANKING WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF DIGITAL BANKING AND THE DIGITAL BANKING SERVICES IS AT YOUR SOLE RISK. DIGITAL BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF DIGITAL BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, LICENSED SERVICES AND WE OR LICENSED METHOD WILL OUR SERVICE PROVIDERS ARE NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE RESPONSIBLE FOR ANY LOST PROFITS, COSTS DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR ANY LOSS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION DATA THAT RESULTS FROM THE DOWNLOAD OF ANY KIND (INCLUDNG TORTSUCH MATERIAL, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR WHETHER DUE TO ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES COMPUTER VIRUS OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHERWISE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING ONLINE BANKING, ANY OF THE SERVICES OR FEATURES ACCESSED THROUGH ONLINE BANKING, MONEY MANAGER SERVICES, SOFTWARE, WEB BROWSERS, APPS ACCESSED THROUGH THE INTERNET, OR ANY INTERNET SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT REQUIRED BY LAW. REGENTS MAKES ALL IMPLIED WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL ANY LICENSOR OR SERVICE PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY THIRD-PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE INVENTIONUSE OF ONLINE BANKING. NO ADVICE OR INFORMATION, REGENTS’ PATENT RIGHTSWHETHER ORAL OR WRITTEN, LICENSED PRODUCTSOBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF ONLINE BANKING WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ONLINE BANKING AND THE ONLINE BANKING SERVICES IS AT YOUR SOLE RISK. ONLINE BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF ONLINE BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, LICENSED SERVICES AND WE OR LICENSED METHOD WILL OUR SERVICE PROVIDERS ARE NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE RESPONSIBLE FOR ANY LOST PROFITS, COSTS DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR ANY LOSS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION DATA THAT RESULTS FROM THE DOWNLOAD OF ANY KIND (INCLUDNG TORTSUCH MATERIAL, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR WHETHER DUE TO ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES COMPUTER VIRUS OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHERWISE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license (a) DSI represents and warrants that all such Professional Services shall be performed in a professional and workmanlike manner in accordance with generally accepted industry standards. For any breach of this warranty, Subscriber's exclusive remedy and DSI's entire liability shall be the associated INVENTION are provided re-performance of the applicable Professional Services. (b) EXCEPT AS EXPRESSLY STATED HEREIN, THE PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. PARTIES DISCLAIM ALL REPRESENTATIONS OR WARRANTIES THAT: (I) THE USE OF THE SERVICES OR API SHALL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THE SERVICES OR API SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) ANY STORED DATA SHALL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (V) ERRORS OR DEFECTS SHALL BE CORRECTED; (VI) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS-IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT ASSIGNED OR LICENSED PERMITTED BY REGENTS’ INVENTORS TO THIRD APPLICABLE LAW BY THE PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY SELLER EXPRESSLY WARRANTS THAT ALL GOODS FURNISHED PER ANY CONTRACT RESULTING FROM THE PO WILL: CONFORM TO ALL SPECIFICATIONS AND APPLICABLE LAWS, REGULATIONS, AND STANDARDS; WILL BE NEW, NOT USED, REFURBISHED OR RECONSTITUTED; WILL BE FREE FROM DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; AND THAT SELLER HAS GOOD TITLE AND AUTHORITY TO TRANSFER TITLE TO THE GOODS COVERED BY THE PO. SELLER WARRANTS THAT ALL SUCH GOODS, AND THE DISTRIBUTION, SALE AND USE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYSUCH GOODS, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE UPON ANY PATENT PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS INTELLECTUAL PROPERTY RIGHT IN ANY RELEVANT JURISDICTION. SELLER WARRANTS THAT ALL SUCH GOODS WILL CONFORM TO ANY STATEMENTS MADE ON THE CONTAINERS, LABELS OR ADVERTISEMENTS FOR SUCH GOODS, AND THAT ANY GOODS WILL BE ADEQUATELY CONTAINED, PACKAGED, MARKED, AND LABELED. SELLER WARRANTS THAT ALL GOODS FURNISHED WILL BE MERCHANTABLE, AND WILL BE SAFE AND APPROPRIATE FOR THE PURPOSE FOR WHICH GOODS OF THAT KIND ARE NORMALLY USED. IF SELLER KNOWS OR HAS REASON TO KNOW THE PARTICULAR PURPOSE FOR WHICH BUYER INTENDS TO USE THE GOODS, SELLER WARRANTS THAT SUCH GOODS WILL BE FIT FOR SUCH PARTICULAR PURPOSE. SELLER WARRANTS THAT GOODS FURNISHED WILL CONFORM IN ALL RESPECTS TO SAMPLES. INSPECTION, TEST, ACCEPTANCE OR USE OF THE GOODS FURNISHED WILL NOT BE LIABLE FOR ANY LOST PROFITSAFFECT SELLER'S OBLIGATION UNDER THIS WARRANTY, COSTS OF PROCURING SUBSTITUTE GOODS AND SUCH WARRANTIES WILL SURVIVE INSPECTION, TEST, ACCEPTANCE, AND USE. ▇▇▇▇▇▇ AGREES TO REPLACE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION CORRECT DEFECTS OF ANY KIND (INCLUDNG TORTGOODS NOT CONFORMING TO THE FOREGOING WARRANTIES PROMPTLY, CONTRACTWITHOUT EXPENSE TO BUYER, NEGLIGENCEWHEN NOTIFIED OF SUCH NONCONFORMITY BY BUYER, STRICT LIABILITYPROVIDED BUYER ELECTS TO PROVIDE SELLER WITH THE OPPORTUNITY TO DO SO. IN THE EVENT OF FAILURE OF SELLER TO CORRECT DEFECTS IN OR REPLACE NONCONFORMING GOODS PROMPTLY, BUYER, AFTER REASONABLE NOTICE TO SELLER, MAY MAKE SUCH CORRECTIONS OR REPLACE SUCH GOODS AND CHARGE SELLER FOR THE COST INCURRED BY BUYER IN DOING SO. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAY NOT LIMIT IN ANY MANNER THE TYPE OR AMOUNT OF DAMAGES TO WHICH BUYER IS ENTITLED FOR BREACH BY SELLER OF THESE WARRANTIES. THE WARRANTIES HEREIN EXTEND TO BUYER, RETAILERS, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF RETAILERS’ CUSTOMERS. THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEWARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.AND ANY

Warranties. 17.1 This license Seller warrants that it has title to Coke delivered under this Agreement, that Coke will be free from all liens, encumbrances, and security interests, that the associated INVENTION are provided Coke shall have physical properties that conform to the Product Specifications, and that Seller will perform all of its obligations under the Agreement in all material respects in accordance with all applicable laws and regulations relating to Seller’s manufacture and delivery of Coke. EXCEPT AS SET FORTH IN THE PRECEDING PARAGRAPH, SELLER MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED WITH RESPECT TO ANY PRODUCT, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT WARRANTY OF MERCHANTABILITY OR LIMITATION, WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. SELLER’S SOLE OBLIGATION AND LIABILITY, AND BUYER’S EXCLUSIVE REMEDY, FOR PRODUCT DEFECTS SHALL BE, AT SELLER’S OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR ANY OTHER WARRANTYREFUND TO BUYER THE AMOUNT PAID BY BUYER THEREFOR, EXPRESSED IN EITHER OF WHICH CASES, BUYER SHALL, IF REQUESTED BY SELLER AND AT SELLER’S COST, RETURN THE DELIVERED PRODUCT TO SELLER. IN NO EVENT SHALL SELLER’S LIABILITY FOR FAILURE OF COKE TO CONFORM TO THE PRODUCT SPECIFICATIONS EXCEED THE LESSER OF: (A) BUYER’S PURCHASE PRICE FOR THE COKE THAT IS THE SUBJECT OF THE APPLICABLE CLAIM; OR IMPLIED(B) $* (U.S. DOLLARS *). REGENTS MAKES IN NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT EVENT SHALL SELLER BE LIABLE FOR TO BUYER OR TO ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVEPUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTPRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY SELLER, CONTRACTOR THE USE OR INABILITY TO USE THE SAME, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY EXCEPT AS SET FORTH IN ARTICLE VII HEREOF, SECTION 13 OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THE INTELLECTUAL PROPERTY AGREEMENT AND SECTION 5.3 OF THE PATENT LICENSE AGREEMENT, PURCHASER ACKNOWLEDGES THAT NONE OF THE SELLING COMPANIES, THEIR REPRESENTATIVES OR ANY OTHER PERSON HAS MADE ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE TRANSFERRED ASSETS OR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, AND ANY SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY DISCLAIMED. REGENTS MAKES NO PURCHASER ACKNOWLEDGES THAT, SHOULD THE INITIAL CLOSING (AND SUBSEQUENT CLOSINGS) OCCUR, PURCHASER SHALL ACQUIRE THE TRANSFERRED ASSETS WITHOUT ANY REPRESENTATION OR WARRANTY THAT THE INVENTIONWARRANTY, REGENTS’ PATENT RIGHTSEXPRESSED OR IMPLIED, LICENSED PRODUCTSAT LAW OR IN EQUITY, LICENSED SERVICES AS TO MERCHANTABILITY OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FITNESS FOR ANY LOST PROFITSPARTICULAR PURPOSE, COSTS OF PROCURING SUBSTITUTE GOODS IN AN “AS IS” CONDITION AND ON A “WHERE IS” BASIS, EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR SERVICESWARRANTED IN THE ACQUISITION AGREEMENTS. PURCHASER FURTHER ACKNOWLEDGES THAT, LOST BUSINESSSHOULD THE INITIAL CLOSING (AND SUBSEQUENT CLOSINGS) OCCUR, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPURCHASER SHALL ACQUIRE THE APPLICABLE TRANSFERRED ASSETS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESSED OR FOR ANY INDIRECTIMPLIED, INCIDENTALAT LAW OR IN EQUITY, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS AS TO THE EXTENT ASSIGNED ENFORCEABILITY OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESVALIDITY THEREOF, EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR WARRANTED IN THE ACQUISITION AGREEMENTS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided ABT REPRESENTS AND WARRANTS THAT THE SERVICES SHALL BE PERFORMED (A) IN A MANNER CONSISTENT WITH INDUSTRY STANDARDS APPLICABLE TO THE PERFORMANCE THEREOF; AND (B) IN COMPLIANCE IN ALL MATERIAL RESPECTS TO WITH THE SERVICE LEVELS SET FORTH IN THE SERVICE LEVEL DOCUMENT AND THE SPECIFICATIONS SET FORTH IN THE SERVICE DOCUMENTATION PROVIDED TO CLIENT FOR SUCH SERVICES; (C) ABT HAS THE REQUISITE CORPORATE POWER AND AUTHORITY AND THE RIGHT TO ENTER INTO THE AGREEMENT, AND TO PERFORM THE SERVICES; AND (D) NEITHER THE SERVICES NOR THE ABT SOFTWARE PROVIDED TO CLIENT INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. ▇▇▇ AGREES TO OBTAIN ALL NECESSARY REGULATORY APPROVALS, LICENSES, PERMISSIONS, AUTHORIZATIONS, AND/OR PERMITS APPLICABLE TO ITS BUSINESS AND AS REQUIRED TO PROVIDE THE SERVICES. CLIENT SHALL PROMPTLY NOTIFY ABT IF SUCH SERVICES DO NOT CONFORM TO THE FOREGOING WARRANTIES. CLIENT’S SOLE AND EXCLUSIVE REMEDY AND ABT’S SOLE OBLIGATION FOR A BREACH OF THE WARRANTIES SET FORTH IN CLAUSES (A) OR (B) ABOVE SHALL BE FOR ABT TO, AT ITS OPTION, RE-PERFORM THE DEFECTIVE SERVICES AT NO ADDITIONAL COST TO CLIENT, OR, IN THE CASE OF A BREACH OF A SERVICE LEVEL, TO ISSUE A CREDIT IN AN AMOUNT AS PROVIDED IN THE SERVICE LEVEL DOCUMENT ATTACHED HERETO AS EXHIBIT A. THE FOREGOING WARRANTIES SHALL NOT APPLY TO ISSUES OR DEFECTS TO THE EXTENT SUCH ISSUES OR DEFECTS (A) ARE CAUSED BY FACTORS OUTSIDE OF ABT’S REASONABLE CONTROL, (B) RESULTED FROM ANY ACTIONS, INACTIONS, OR MISUSE OF CLIENT, ANY END USER OR ANY THIRD PARTY, OR (C) RESULTED FROM CLIENT’S SOFTWARE, EQUIPMENT OR DATA OR ANY OTHER SOFTWARE, EQUIPMENT OR DATA NOT PROVIDED BY ABT IN CONNECTION WITH THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 27, THE SERVICES AND ALL SOFTWARE, EQUIPMENT AND OTHER ITEMS ARE PROVIDED BY ABT ON AN “AS-IS, WHERE IS” BASIS, WITH ALL FAULTS, AND ABT DISCLAIMS, AND CLIENT HEREBY WAIVES, ANY AND ALL WARRANTIES OR TERMS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT WARRANTY OF LIMITATION, ANY IMPLIED TERMS, CONDITIONS OR WARRANTIES RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ABT PERSONNEL MAY FROM TIME TO TIME RECOMMEND THIRD PARTY SOFTWARE OR ANY OTHER WARRANTYPRODUCTS AND SERVICES FOR CLIENT’S CONSIDERATION AND MAY ALSO MAKE AVAILABLE TO CLIENT THIRD PARTY PRODUCTS OR SERVICES, EXPRESSED INCLUDING THIRD PARTY APPLICATIONS THROUGH DEPLOYMENT OR IMPLIEDIMPLEMENTATION TOOLS. REGENTS SUCH THIRD PARTY SOFTWARE, APPLICATIONS, PRODUCTS AND SERVICES ARE PROVIDED BY ABT ON AN “AS-IS, WHERE IS” BASIS, WITH ALL FAULTS, AND ABT MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING ANY SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES THAT ARE NOT PURCHASED FROM ABT OR PRODUCED/MANUFACTURED BY ABT, AND ABT DISCLAIMS, AND CLIENT HEREBY WAIVES, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE INVENTIONMAXIMUM EXTENT PERMITTED BY LAW, REGENTS’ PATENT RIGHTSINCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS, LICENSED PRODUCTSCONDITIONS OR WARRANTIES RELATING TO SATISFACTORY QUALITY, LICENSED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. CLIENT’S USE OF ANY SUCH SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSIS GOVERNED BY THE TERMS OF CLIENT’S AGREEMENT WITH THE PROVIDER OF SUCH SOFTWARE, COSTS OF PROCURING SUBSTITUTE GOODS APPLICATIONS, PRODUCTS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES . ANY SERVICES THAT ▇▇▇ IS NOT CONTRACTUALLY OBLIGATED TO PROVIDE BUT THAT ABT ▇▇▇ PERFORM FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR CLIENT AT CLIENT’S REQUEST AND WITHOUT ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESADDITIONAL CHARGE ARE PROVIDED ON AN AS-IS BASIS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license With respect to the Solutions, Arctic Wolf makes only those limited warranties made directly to Customers as set forth in its MSA and no warranty is extended to Partner or any third party, unless otherwise specified in the associated INVENTION are provided WITHOUT Terms to this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, ARCTIC WOLF, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SOLUTIONS, DOCUMENTATION, AND ANY OTHER SERVICES FURNISHED AND/OR CONTEMPLATED HEREUNDER, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW, REPRESENTATION STATEMENTS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NONINFRINGEMENT. PARTNER ACKNOWLEDGES AND AGREES THAT ARCTIC WOLF, ITS SUPPLIERS AND LICENSORS, DO NOT WARRANT THAT THE SOLUTIONS, DOCUMENTATION, AND ANY OTHER WARRANTYSERVICES FURNISHED HEREUNDER WILL MEET PARTNER OR ITS CUSTOMERS’ REQUIREMENTS, EXPRESSED BE UNINTERRUPTED, TIMELY, SECURE OR IMPLIEDERROR FREE. REGENTS MAKES NO REPRESENTATION OR ARCTIC WOLF, ITS SUPPLIERS AND LICENSORS, DO NOT MAKE ANY WARRANTY THAT AS TO THE INVENTIONRESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SOLUTIONS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYDOCUMENTATION, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHER SERVICES FURNISHED HEREUNDER. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT THE FULLSCRIPT API IS PROVIDED “AS IS,” AND WE HEREBY DISCLAIM ANY IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULLSCRIPT MAKES NO WARRANTIES OR CONDITIONS OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE FULLSCRIPT API, CONTENT OR SERVICES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONCONTENT ACCESSED THROUGH THE FULLSCRIPT API, REGENTS’ PATENT RIGHTSOPERATION OF THE SITE OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, LICENSED PRODUCTSUNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT WORMS, TROJAN HORSES OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SOME JURISDICTIONS PROVIDE FOR ANY LOST PROFITSCERTAIN WARRANTIES, COSTS LIKE THE IMPLIED WARRANTY OF PROCURING SUBSTITUTE GOODS OR SERVICESMERCHANTABILITY, LOST BUSINESS, ENHANCED DAMAGES FITNESS FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYA PARTICULAR PURPOSE, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEETERMS, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED PERMITTED BY REGENTS’ INVENTORS TO THIRD PARTIESLAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and Except as expressly stated herein, OLYLIFE makes no warranty or representation as to the associated INVENTION are provided WITHOUT merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through OLYLIFE . EXCEPT AS EXPRESSLY MADE BY ▇▇▇▇▇▇▇ IN WRITING, OLYLIFE MAKES NO WARRANTY OF MERCHANTABILITY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WORKMANSHIP, NON-INFRINGEMENT OR ANY OTHER WARRANTYWARRANTY ARISING BY LAW, EXPRESSED STATUTE, USAGE OF TRADE OR IMPLIEDCOURSE OF DEALING CONCERNING ANY PRODUCT OR SERVICE PURCHASED FROM OR THROUGH OLYLIFE . REGENTS MAKES NO REPRESENTATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES OF OLYLIFE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” OLYLIFE DOES NOT WARRANT THAT ITS PRODUCTS OR WARRANTY SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE INVENTIONON-LINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. OLYLIFE DOES NOT WARRANT THAT ANY WEBSITE OPERATED, REGENTS’ PATENT RIGHTSSPONSORED OR HOSTED BY OLYLIFE OR ANY OF ITS AFFILIATES WILL BE UNINTERRUPTED OR FREE FROM ERROR. OLYLIFE IS NOT RESPONSIBLE FOR INTERRUPTED, LICENSED PRODUCTSINACCESSIBLE OR UNAVAILABLE NETWORKS, LICENSED SERVICES SERVER, SATELLITES AND/OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT SERVICE PROVIDERS; OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSMISCOMMUNICATIONS, COSTS OF PROCURING SUBSTITUTE GOODS FAILED, JUMBLED, SCRAMBLED, DELAYED OR SERVICESMISDIRECTED COMPUTER, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, TELEPHONE OR CABLE TRANSMISSIONS; OR FOR ANY INDIRECTTECHNICAL MALFUNCTIONS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, FAILURES OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESDIFFICULTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT ANY INFORMATION, MATERIALS OR SERVICES FURNISHED BY CMU PURSUANT TO THIS AGREEMENT ARE ON AN "AS IS" BASIS. ANY INFORMATION, MATERIALS OR SERVICES FURNISHED BY CMU PURSUANT TO THIS AGREEMENT ARE ON AN "AS IS" BASIS. CMU MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR MERCHANTABILITY, EXCLUSIVITY OR RESULTS OBTAINED FROM USE OF ANY INTELLECTUAL PROPERTY DEVELOPED UNDER THIS AGREEMENT, NOR SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR INABILITY TO USE SAID INTELLECTUAL PROPERTY OR ANY OTHER WARRANTYAPPLICATIONS AND DERIVATIONS THEREOF. CMU DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, OR THEFT OF TRADE SECRETS AND DOES NOT ASSUME ANY LIABILITY HEREUNDER FOR ANY INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT ARISING FROM THE USE OF THE INFORMATION, TECHNOLOGY, OR RIGHTS GRANTED OR PROVIDED TO IT HEREUNDER. LICENSEE AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF CMU, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT , TO ANY PERSON CONCERNING THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT APPLICATION OF OR RELATED THE RESULTS TO BE OBTAINED WITH THE TECHNOLOGY UNDER THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESAGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDPURPOSE. REGENTS MAKES NO REPRESENTATION OR WARRANTY VOXCLOUD8 DOES NOT WARRANT THAT THE INVENTIONSERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, REGENTS’ PATENT RIGHTSDELAY, LICENSED PRODUCTSINTERRUPTION, LICENSED SERVICES ERROR, DEGRADATION OF VOICE QUALITY OR LICENSED METHOD WILL LOSS OF CONTENT, DATA OR INFORMATION. VOXCLOUD8 DOES NOT INFRINGE ANY PATENT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSREPRESENTATIVES, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION MAKE A WARRANTY OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, ON ITS BEHALF AND BREACH YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE AND DEVICE “AS IS” AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE POSSIBILITY LAW, BUT IF ANY PORTION OF SUCH DAMAGES. REGENTS WILL NOT THIS SECTION IS DETERMINED TO BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEUNLAWFUL, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED THEN THIS SECTION SHALL BE CONSTRUED TO PATENT RIGHTS LIMIT LIABILITY AGAINST VOXCLOUD8 TO THE FULLEST EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESPOSSIBLE UNDER THE LAW. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided The following warranties shall apply to this Agreement: a. General Warranty. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SWISSLOG, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDUSE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL SWISSLOG SHALL NOT BE LIABLE FOR ANY LOST PROFITSLOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING HARDWARE, COSTS A SYSTEM(S) AND SERVICES OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO THIS AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF PROCURING SUBSTITUTE GOODS OR SERVICESANY AND ALL WARRANTIES AND FOR SWISSLOG LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES PROVIDED THAT IN NO EVENT WILL SWISSLOG AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED TWENTY FIVE (25%) OF THE TOTAL AMOUNT RECEIVED BY SWISSLOG FROM CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL SWISSLOG BE LIABLE FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTSPECIAL, CONTRACTINDIRECT, NEGLIGENCEINCIDENTAL, STRICT LIABILITYOR CONSEQUENTIAL LOSSES OR DAMAGES, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS SWISSLOG SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPOTENTIAL LOSS OR DAMAGE. REGENTS WILL NOT BE LIABLE SWISSLOG TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES SUFFERED REASON SHALL NOT EXCEED TWENTY FIVE (25%) OF THE TOTAL AMOUNT RECEIVED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSWISSLOG FROM CUSTOMER UNDER THIS AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY CREDIT UNION, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NO ADVICE OR INFORMATION GIVEN BY CREDIT UNION, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY CREDIT UNION, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. CREDIT UNION ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO MEMBER’S OTHER WARRANTYSYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF CREDIT UNION’S SPECIFICATIONS OR REQUIREMENTS. CREDIT UNION DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET MEMBER’S REQUIREMENTS, EXPRESSED WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, MEMBER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, MEMBER ACKNOWLEDGES AND AGREES THAT CREDIT UNION’S THIRD‐PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO MEMBER UNDER THIS AGREEMENT, AND CREDIT UNION DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION , INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTQUIET ENJOYMENT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and A. Although we do not guarantee your satisfaction with the associated INVENTION Merchandise (sales are provided WITHOUT WARRANTY not made on approval) we promise each Item will meet quality standards set by the manufacturer. Any manufacturer's warranty begins when an Item is received by FLS, so it’s beneficial for you to accept delivery at the earliest available time. B. FLS DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDPURPOSE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. CUSTOMER WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE HOLD FLS RESPONSIBLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEEXEMPLARY, SUBLICENSEES, JOINT VENTURESSPECIAL, OR AFFILIATES CONSEQUENTIAL DAMAGES RELATED TO, OR ARISING OUT OF, ANY PROVISION OF THIS AGREEMENT AND ANY MERCHANDISE WE DELIVER OR SERVICES WE PERFORM. OUR TOTAL, CUMULATIVE LIABILITY WILL BE LIMITED TO THE TOTAL ORDER AMOUNT AND WILL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER. ANY CLAIM AGAINST FLS MUST BE BROUGHT WITHIN EIGHTEEN MONTHS FROM THE PURCHASE DATE, OR TWELVE MONTHS FROM THE DELIVERY DATE, WHICHEVER IS LESS. NOTHING IN THIS AGREEMENT WILL EXCLUDE OR LIMIT ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. C. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, All WARRANTIES ARE VOIDED FOR ANY CLAIM DUE TO, OR IN ANY WAY RESULTING FROM: (i) ACTS OF GOD; (ii) CUSTOMER’S OR ANY THIRD PARTY’S NEGLIGENCE, ABUSE, MISUSE, ACCIDENT, MODIFICATION, TAMPERING, OR ALTERATION RELATED TO THIS AGREEMENT FOR ALL CAUSES THE MERCHANDISE; (iii) CUSTOMER’S OR ANY THIRD PARTY’S FAILURE TO PROPERLY MAINTAIN THE MERCHANDISE; (iv) REPAIR BY ANY PARTY OTHER THAN FLS OR ITS AUTHORIZED AGENTS; OR, (v) THE CONTINUED USE OF ACTION THE MERCHANDISE FOLLOWING NOTICE OR KNOWLEDGE OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH DEFECT OR RISK OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESINJURY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license a. Sysco warrants that all Products other than Products which Master Organization has entered into arrangements with the supplier of such Products concerning the purchase of such Products by Master Organization and its members/franchisees ("Customer Directed Products"), as of the associated INVENTION are time of delivery to Customer, (i) will meet the specifications for such Product contained within Sysco's order guide and other written specifications for such Product provided by Sysco, (ii) subject to the statutory trust imposed by the Perishable Agricultural Commodities Act, will be free and clear of any adverse lien or security interest, and (iii) to the extent the Product is subject to the Federal Food, Drug and Cosmetic Act, as amended from time to time (the "FDC Act"), will not be adulterated or misbranded within the meaning of the FDC Act. Sysco warrants that, subject to the statutory trust imposed by the Perishable Agricultural Commodities Act, all Customer Directed Products will be free and clear of any adverse lien or security interest. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION IN ADDITION TO OR IN CONFLICT WITH THE WARRANTIES SET FORTH IN THIS SECTION 6. b. Except as expressly provided herein, SYSCO MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT WARRANTY LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED WARRANTIES THAT ARISE FROM TRADE USAGE OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTCUSTOM. 17.2 REGENTS WILL NOT BE LIABLE c. In no event shall either Sysco or Customer be liable FOR ANY LOST PROFITSSPECIAL, COSTS INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PROCURING SUBSTITUTE GOODS OR SERVICESANY SORT (INCLUDING WITHOUT LIMITATION, LOST BUSINESSPROFITS AND LOST ENTERPRISE VALUE) INCURRED BY THE OTHER PARTY WHETHER IN AN ACTION IN CONTRACT, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTTORT OR OTHERWISE, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTOR THE PERFORMANCE OR BREACH THEREOF, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN IT IS ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEESexcept for losses arising from third party claims that are subject to the indemnification obligations described in the MDA or losses suffered by a party as a result of the breach by the other party and/or its affiliates, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing employees, officers, or directors, of the confidentiality provisions set forth in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSParticipation Agreement.

Warranties. 17.1 This license and the associated INVENTION are provided 11.1 COMPAQ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY OR MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OF ANY PRODUCTS OR PROGRAMS FURNISHED HEREUNDER OR FOR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDTCS PRODUCTS PREPARED BY TCS. REGENTS MAKES IN NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT EVENT SHALL COMPAQ BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESANY INCIDENTAL, LOST BUSINESSEXEMPLARY, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSPECIAL, OR FOR ANY INDIRECTCONSEQUENTIAL DAMAGES, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT REGARDLESS OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN WHETHER COMPAQ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11.2 TCS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROGRAMS FURNISHED HEREUNDER OR FOR ANY COMPAQ PRODUCTS PREPARED BY COMPAQ. REGENTS WILL NOT IN NO EVENT SHALL TCS BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEELOST OR ANTICIPATED PROFITS, SUBLICENSEESOR ANY INCIDENTAL, JOINT VENTURES EXEMPLARY, SPECIAL, OR AFFILIATES ARISING OUT CONSEQUENTIAL DAMAGES, REGARDLESS OF OR RELATED TO PATENT RIGHTS TO WHETHER TCS WAS ADVISED OF THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESPOSSIBILITY OF SUCH DAMAGES. 17.3 Nothing in 11.3 No action arising or resulting from this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined hereinAgreement, regardless of whether such patents are dominant its form, may be brought by either party more than three years after delivery of the affected products or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSprograms.

Warranties. 17.1 This license A. As its exclusive warranties, ▇▇▇▇ warrants to Buyer that, at the Delivery Point: (i) the Product shall conform to the specifications specifically set forth in Article I, Section P and (ii) title to the associated INVENTION are provided WITHOUT WARRANTY Product shall be free from any security interest, lien, or encumbrance. EXCEPT AS SPECIFICALLY SET FORTH IN THE PRECEDING SENTENCE, (I) BUYER acknowledges and agrees that ▇▇▇▇ AND ITS AFFILIATES HAVE NOT MADE, DO NOT MAKE, AND EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, COVENANTS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATIONS OF MERCHANTABILITY LAW OR OTHERWISE, AS TO THE MERCHANTABILITY, QUANTITY, CONDITION, OR QUALITY OF THE PRODUCT OR ITS SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR ANY OTHER USE AND (ii) THE PRODUCT IS SOLD "AS IS". ▇. ▇▇▇▇'▇ liability, and Buyer's exclusive remedy, for any cause of action arising out of or related to the breach of ▇▇▇▇'▇ warranty above, is, at Buyer's option, limited to (i) replacement of the non-conforming Product at the Delivery Point or (ii) a refund to Buyer of the portion of the Price allocable to such non-conforming Product. IN NO EVENT ▇▇▇▇ ▇▇▇▇'▇ CUMULATIVE LIABILITY UNDER THE AGREEMENT EXCEED THE TOTAL SALES PRICE OF THE PRODUCT OR THE COST OF SUBSTITUTE PRODUCT, WHETHER ARISING UNDER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTGUARANTEE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH INDEMNIFICATION, FAILURE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED ESSENTIAL PURPOSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER. WITHOUT LIMITATION ON THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT FOREGOING, UNDER NO CIRCUMSTANCES SHALL EITHER ▇▇▇▇ OR BUYER BE LIABLE OR HAVE ANY RESPONSIBILITY TO THE OTHER OR ANY OTHER THIRD PARTY FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEINDIRECT, SUBLICENSEESSPECIAL, JOINT VENTURES CONSEQUENTIAL, EXEMPLARY, OR AFFILIATES ARISING OUT OF PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST EARNINGS, LOST PROFITS, OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBUSINESS INTERRUPTION. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided SELLER UNDERSTANDS AND AGREES THAT THE APPLICATIONS ARE BEING LICENSED, DELIVERED AND MADE AVAILABLE “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, AND WITH ANY AND ALL LATENT AND PATENT DEFECTS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY BY BANK, AND BANK HEREBY DISCLAIMS AND SELLER HEREBY WAIVES ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND COVENANTS. EXCEPT AS EXPRESSLY STATED HEREIN, BANK HAS NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE APPLICATIONS OR THEIR CONDITION, OR EXPENSES TO BE INCURRED WITH RESPECT THERETO, THE OBLIGATIONS, RESPONSIBILITIES OR LIABILITIES OF THE OWNER THEREOF AS TO APPLICATIONS OR ANY OTHER WARRANTYMATTER TO OR AFFECTING THE APPLICATIONS, EXPRESSED AND BANK HEREBY DISCLAIMS AND RENOUNCES ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. ADDITIONALLY, BANK DISCLAIMS AND BY ITS ACCEPTANCE HEREOF, SELLER ACKNOWLEDGES THAT BANK HAS NOT WARRANTED, WHETHER EXPRESSLY OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY BY IMPLICATION, THAT THE INVENTIONAPPLICATIONS WILL SATISFY ANY PARTICULAR OPERATING STANDARDS OR LEVEL OF FUNCTIONALITY. SELLER IS SOLELY RESPONSIBLE FOR DETERMINING AND ACHIEVING SELLER’S DESIRED RESULTS FOR USE OF THE APPLICATIONS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES FOR EVALUATING THE APPLICATION’S CAPABILITIES AND FOR SUCCESSFULLY OPERATING THE APPLICATIONS. IN NO EVENT SHALL BANK (OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT THIRD PARTY DEVELOPER OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT LICENSOR OF THE APPLICATIONS) BE LIABLE FOR ANY LOST PROFITSDIRECT, COSTS OF PROCURING SUBSTITUTE GOODS INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SERVICES, LOST BUSINESS, ENHANCED OTHER DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSUFFERED BY SELLER, OR FOR LOST DATA OR LOST PROFITS TO SELLER OR ANY INDIRECTOTHER PERSON, INCIDENTALWHETHER OR NOT DUE TO THE NEGLIGENCE OF BANK OR SUCH THIRD PARTY DEVELOPER OR LICENSOR, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF THE USE OR RELATED INABILITY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTUSE THE APPLICATIONS, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS BANK OR SUCH THIRD PARTY DEVELOPER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR DEFECTS. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES THIS SECTION 5 SHALL SURVIVE EXPIRATION OR AFFILIATES ARISING OUT TERMINATION OF OR RELATED TO PATENT RIGHTS TO THIS SOFTWARE AGREEMENT AND OF THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESWAREHOUSE AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license a. The Declarant hereby provides the Purchaser and the associated INVENTION are provided WITHOUT WARRANTY HOA with the warranties against shown in Exhibit C. b. THE DECLARANT SPECIFICALLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR AND NEITHER MAKES NOR ADOPTS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT , AS TO THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS ITEMS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PERSONAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED BEING SOLD TO THE PURCHASER PURSUANT TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF (OR AS TO ANY KIND (INCLUDNG TORT"CONSUMER PRODUCT," AS SUCH TERM IS DEFINED IN 15 U.S.C. § 2301(1), CONTRACTWHICH MAY BE CONTAINED IN THE UNIT), NEGLIGENCEEXCEPT THAT NO DISCLAIMER IS INTENDED AS TO ANY WARRANTY REQUIRED TO BE MADE BY THE DECLARANT UNDER APPLICABLE FEDERAL STATE OR MUNICIPAL STATUTES, STRICT LIABILITYREGULATIONS OR ORDINANCES. WHERE NEW CONSUMER PRODUCTS ARE COVERED BY A MANUFACTURER'S WARRANTY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEDECLARANT SHALL, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS SUBJECT TO THE EXTENT ASSIGNED OR LICENSED PROVISIONS OF THIS AGREEMENT AT SECTION II.10, PROVIDE WARRANTIES OF NO GREATER SCOPE NOR DURATION THAN THAT GRANTED BY REGENTS’ INVENTORS TO THIRD PARTIESSUCH MANUFACTURER'S WARRANTY. 17.3 Nothing in c. The warranty set forth herein shall not apply if the defective part of the Unit or of the Common Elements has been subjected to misuse or damage by accident or has not been afforded reasonable care. The liability of the Declarant under this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as for negligence or other breach of this Agreement is limited to replacing or repairing any defective parts or materials which do not comply with this warranty and in no event shall such liability exceed the replacement cost of the Unit. In no event shall the Declarant be liable to the validityPurchaser for consequential damages arising from any breach of this warranty or for the negligence of the Declarant or other breach of this Agreement by the Declarant. The Declarant shall have the sole right to determine whether the defect shall be corrected by repair or replacement, enforceability and the Purchaser shall make every reasonable effort to make the Unit (exclusive of the percentage interest), together with reasonable access thereto, available to the Declarant and its agents and invitees during normal business hours in order to permit such repair or scope replacement to be made. d. No claim arising out of any REGENTS' PATENT RIGHTS; or of the foregoing warranties may be brought unless, prior to the expiration of the warranty period set forth in Section 3411 (b) A warranty or representation of the PUCA. The Purchaser shall have delivered notice to the Declarant of all alleged breaches of these warranties that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation would give rise to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSa claim.

Warranties. 17.1 This license and the associated INVENTION are provided THE SOFTWARE IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMAPNY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR ANY OTHER WARRANTYTRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EXPRESSED MSP360 PROVIDES NO WARRANTY OR IMPLIED. REGENTS UNDERTAKING, AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE INVENTIONSOFTWARE WILL MEET YOUR REQUIREMENTS, REGENTS’ PATENT RIGHTSACHIEVE ANY INTENDED RESULTS, LICENSED PRODUCTSBE COMPATIBLE, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE WORK WITH ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSSOFTWARE, COSTS OF PROCURING SUBSTITUTE GOODS SOFTWARES, SYSTEMS, OR SERVICES, LOST BUSINESSOPERATE WITHOUT INTERRUPTION, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTMEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR FOR THAT ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ERRORS OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, DEFECTS CAN OR AFFILIATES ARISING OUT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR RELATED TO THIS AGREEMENT FOR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED APPLY TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESYOU. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY You warrant to CNB that: Our Liability. WE ARE ONLY RESPONSIBLE FOR PERFORMING THE SERVICE AS EXPRESSLY STATED IN THIS ADDENDUM. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES, AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, MOBILE APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY OTHER WARRANTY, EXPRESSED PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL CNB OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT OF OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITSLOSS OF DATA, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESPROFIT, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTGOODWILL, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR OTHER SPECIAL CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT ADDENDUM, THE MOBILE APP, THE SOFTWARE, THE EQUIPMENT OR THE SERVICE WHETHER OR NOT SUCH CLAIM FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. REGENTS WILL IN STATES THAT DO NOT BE LIABLE ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEINDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUBLICENSEESCNB’S AND OUR THIRD-PARTY Third-party Beneficiary. You agree that our Third-Party Service Providers may rely upon the provisions of this Addendum, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in including its disclaimer of warranties and any limitations of liability and that such Third-Party Service Providers are, for the purpose of this AGREEMENT is Addendum, third-party beneficiaries to this Addendum with the power to enforce this Addendum. Cancellation of the Service. You may cancel the Service at any time by calling our Customer Service Center at 1- 800-724-CNB1 and allowing us a reasonable opportunity to act upon your request. Our Right for Refusal of Checks or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope Items Presented and Termination of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An Service. We have no obligation to bring honor any instruction, in whole or prosecute actions in part, that: (i) we reasonably believe is used for any illegal or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, improper purpose or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.activity;

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE AND CONDITIONS. Kouo AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) Kouo’S SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Kouo’S SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE Kouo’S SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF MERCHANTABILITY ANY PREPAID FEES FROM THE DATE YOU NOTIFY US OF THE NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM Kouo OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. Kouo SHALL NOT BE LIABLE AND SHALL BE HELD HARMLESS FROM ANY DAMAGES RESULTING FROM THESE CONDITIONS UNDER TORT OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTLEGAL THEORY. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided EXCEPT AS PROVIDED IN THIS AGREEMENT, THE AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GATEWAY SERVICE OR THE SERVICE INFORMATION, OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDPURPOSE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL AGENCY DOES NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: WARRANT THAT: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSTHE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third partiesALL GATEWAY SERVICE ERRORS CAN BE CORRECTED; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18THE GATEWAY SERVICE MEETS ALL OF THE HEALTHCARE ENTITY’S BUSINESS REQUIREMENTS; or OR (d) Conferring by implicationTHE PMP DATA IS COMPLETE, estoppelACCURATE OR ERROR- FREE. THE HEALTHCARE ENTITY ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. HEALTHCARE ENTITY ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs AND THAT NEITHER AGENCY NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES THE HEALTHCARE ENTITY’S REQUEST TO ACCESS PMP DATA OR REVOKES THE HEALTHCARE ENTITY’S ACCESS TO PMP DATA, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSOR IF PMP DATA IS UNAVAILABLE FOR ANY REASON. THE HEALTHCARE ENTITY ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. 17.1 This license Lessor grants to Lessee the benefit of any and all warranties made available by IBM in the associated INVENTION are provided WITHOUT Purchase Agreement. Lessor warrants that neither Lessor nor anyone acting or claiming through Lessor, by assignment or otherwise, will interfere with Lessee's quiet enjoyment of the use of the Equipment so long as no event of default shall have occurred and be continuing. EXCEPT FOR LESSOR'S WARRANTY OF QUIET ENJOYMENT, LESSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. AS TO LESSOR, LESSEE LEASES THE EQUIPMENT AND TAKES THE ADDITIONAL TERMS AND CONDITIONS ON PAGES 2 THROUGH 4 ARE PART OF THIS AGREEMENT. LESSEE ACKNOWLEDGES THAT LESSEE HAS READ THIS AGREEMENT AND ITS SUPPLEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEIR TERMS AND CONDITIONS. FURTHER, LESSEE AGREES THAT THIS AGREEMENT AND ITS SUPPLEMENT ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER THEREOF. [_] INITIAL IF AGREEMENT COVERAGE PAGE IS ATTACHED. Accepted by: FACTORY CARD OUTLET OF AMERICA LTD IBM Credit Corporation --------------------------------------- Customer For or as Lessor: By: /s/ signature illegible By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ -------------------------------- --------------------------------------- Authorized Signature Authorized Signature ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ 10-28-96 ________________________________ ---------------------------------------- Name (Type or Print) Date Name (Type or Print) Date ANY PROGRAMMING "AS IS". IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY FOR, NOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR FOR, CONSEQUENTIAL DAMAGES, ANY LOSS OF PROFITS OR SAVINGS, LOSS OF USE, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTCOMMERCIAL LOSS. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 14.11.1 The Seller warrants that the Technical Data are prepared in accordance with the state of art at the date of their conception. Should any Technical Data prepared by the Seller contain non-conformity or defect, the sole and exclusive liability of the associated INVENTION Seller shall be to take all reasonable and proper steps to, at its option, correct or replace such Technical Data. Notwithstanding the above, no warranties of any kind are provided WITHOUT given for the Customer Originated Changes, as set forth in Clause 14.9. 14.11.2 THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE SELLER AND/OR ITS SUPPLIERS AND REMEDIES OF THE BUYER SET FORTH IN THIS CLAUSE 14 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE SELLER AND/OR ITS SUPPLIERS AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER AND/OR ITS SUPPLIERS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTY AGAINST HIDDEN DEFECTS; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FITNESS; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER CONTRACTUAL OR DELICTUAL AND WHETHER OR NOT ARISING FROM THE SELLER’S AND/OR ITS SUPPLIERS’ NEGLIGENCE, ACTUAL OR IMPUTED; AND (E) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR A PARTICULAR PURPOSE LOSS OR DAMAGE TO ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART THEREOF OR ANY OTHER WARRANTYTECHNICAL DATA DELIVERED HEREUNDER. THE SELLER AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY, EXPRESSED HOWSOEVER ARISING, FOR LOSS OF USE, REVENUE OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, PROFIT OR FOR ANY INDIRECTOTHER DIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT. FOR THE PURPOSES OF THIS CLAUSE 14.11.2, CONSEQUENTIAL“THE SELLER” SHALL INCLUDE THE SELLER AND ITS AFFILIATES. NOTHING IN THIS CLAUSE 14.11 SHALL CONSTITUTE A WAIVER, PUNITIVERELEASE OR RENUNCIATION BY THE BUYER OR ANY AFFILIATE OF THE BUYER OF ANY EXPRESS OBLIGATIONS OR LIABILITIES OWED BY ANY SUPPLIER OR ANY AFFILIATE OF THE SELLER TO THE BUYER OR ANY OF ITS AFFILIATES PURSUANT TO ANY AGREEMENT BETWEEN SUCH SUPPLIER OR ANY AFFILIATE OF THE SELLER AND THE BUYER OR ITS AFFILIATE. THE PROVISIONS OF THIS CLAUSE 14.11 SHALL BE WITHOUT PREJUDICE TO THE PROVISIONS OF CLAUSES 12.5 AND 14.9 OF THIS AGREEMENT, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT CLAUSES 5.4 AND 6.9.6 OF OR RELATED EXHIBIT H TO THIS AGREEMENT FOR ALL CAUSES OF ACTION AGREEMENT, CLAUSE 11 OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, SOFTWARE LICENCE AND BREACH CLAUSE 8.2 OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED ANY CBT LICENCE AND THE OBLIGATIONS OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.SELLER EXPRESSLY PRESERVED THEREUNDER;

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT AT SETTLEMENT, SELLER WILL DELIVER TO PURCHASER AN EXECUTED COPY OF THE LIMITED WARRANTY IN THE FORM SET FORTH IN THE CONDOMINIUM INSTRUMENTS. UNLESS SPECIFIED OTHERWISE HEREIN, ALL WARRANTIES OTHER THAN THOSE EXPRESSLY PROVIDED IN THE LIMITED WARRANTY IN THE CONDOMINIUM INSTRUMENTS ARE HEREBY EXCLUDED. PURCHASER HAS BEEN AFFORDED THE OPPORTUNITY TO REVIEW THE LIMITED WARRANTY PRIOR TO EXECUTION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY THIS AGREEMENT, AND AGREES TO ACCEPT THIS WARRANTY AS THE SOLE WARRANTY BEING GIVEN BY SELLER TO PURCHASER. SELLER MAKES NO OTHER WARRANTYWARRANTIES, EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE, TO PURCHASER. REGENTS MAKES SELLER SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE DUE TO OR ARISING FROM ENVIRONMENTAL OR ECOLOGICAL CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO REPRESENTATION WARRANTY IS HEREBY GIVEN OR WARRANTY TO BE IMPLIED HEREFROM OR OTHERWISE. AFTER SETTLEMENT, PURCHASER AGREES THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL SELLER SHALL NOT BE LIABLE FOR ANY LOST PROFITSWORK, COSTS OF PROCURING SUBSTITUTE GOODS WHETHER OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTNOT PATENTLY INCOMPLETE, OR ANY DEFECTS NOT SPECIFICALLY NOTED IN THE PRE-SETTLEMENT UNIT INSPECTION FORM, UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THE LIMITED WARRANTY. IT IS FURTHER AGREED THAT THERE SHALL BE NO WITHHOLDING OF SELLER'S FUNDS OR ANY PART THEREOF AT SETTLEMENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESITEMS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the PROGRAM shall substantially conform to SIMBA provided written specifications. In the event of any alleged breach of the above express warranties, you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to promptly repair or replace the associated INVENTION are provided PROGRAM or any portion thereof necessary to remedy the breach or to refund the fees actually received by SIMBA for this license. EXCEPT AS SET FORTH ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “WHERE IS” BASIS WITHOUT ANY WARRANTY OF MERCHANTABILITY ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONACCURACY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECTCONDITION ARISING FROM COURSE OF PERFORMANCE, INCIDENTAL, CONSEQUENTIAL, PUNITIVECOURSE OF DEALING OR USAGE OF TRADE. SIMBA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURESTHAT THE OPERATION OF THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED, OR AFFILIATES ARISING OUT OF THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, SIMBA DOES NOT WARRANT OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF MAKE ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE POSSIBILITY USE OF SUCH DAMAGESTHE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. REGENTS WILL NOT BE LIABLE FOR NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT WAY INCREASE THE SCOPE OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS WARRANTY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license Dealer shall not offer any warranties on the sale of an Equipment item except to the extent a warranty is required by law and the associated INVENTION are provided cannot be disclaimed. The following language shall appear in bold, all capital letters on each ▇▇▇▇ of sale, purchase order or other contract for sale used in connection with a sale of an Equipment item: “TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ITEM SOLD IS BEING SOLD ON AN “AS IS – WHERE IS” BASIS, WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDPURPOSE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL SELLER SHALL NOT BE LIABLE FOR ANY LOST LOSS OF REVENUES OR PROFITS, COSTS OF PROCURING INCONVENIENCE, EXPENSE FOR SUBSTITUTE GOODS EQUIPMENT OR SERVICESSERVICE, LOST BUSINESSSTORAGE CHARGES, ENHANCED LOSS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTCAUSED BY THE USE OR MISUSE OF, OR INABILITY TO USE THE ITEM SOLD. IN NO EVENT SHALL SELLER’S LIABILITY EXCEED AMOUNT BUYER PAID TO SELLER TO PURCHASE THE ITEM SOLD. BUYER ASSUMES ALL RISK AND LIABILITY FOR ANY INDIRECTLOSS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DAMAGE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES INJURY TO BUYER AND BUYER’S PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF USE OR RELATED MISUSE OF, OR INABILITY TO THIS AGREEMENT FOR ALL CAUSES USE THE ITEM SOLD. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF ACTION OF ANY KIND (INCLUDNG TORTINCIDENTAL OR CONSEQUENTIAL DAMAGES, CONTRACTOR DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES, NEGLIGENCE, STRICT LIABILITY, THE ABOVE LIMITATIONS AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESEXCLUSIONS MAY NOT APPLY TO YOU. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSTATE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.”

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, PERMITTED SUBCONTRACTORS, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 1818 (Patent Infringement); or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided SBT WARRANTS THAT THE SERVICES PROVIDED UNDER THE AGREEMENT, IF ANY, SHALL BE PERFORMED IN ACCORDANCE WITH GOOD AND ACCEPTABLE INDUSTRY PRACTICES. SBT SHALL COMPLY WITH ALL LAWS, ORDINANCES, RULES, AND REGULATIONS OF ALL APPLICABLE GOVERNMENTAL AUTHORITIES IN PERFORMING SBT’S SERVICES. SBT WARRANTS THAT SBT IS THE OWNER OF THE SBT CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY AND HAS THE RIGHT TO USE SAME IN THE MANNER AND FOR THE PURPOSES SET FORTH IN THE AGREEMENT WITHOUT WARRANTY VIOLATING ANY RIGHTS OF A THIRD-PARTY. DESPITE THE WARRANTIES ABOVE, ALL ACCESS, IF ANY, TO THE SBT INTELLECTUAL PROPERTY IS DELIVERED AND ACCEPTED BY THE PARTY “AS-IS, WHERE-IS, AND WITH ALL FAULTS.” SBT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR AND ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE USE, FOR ANY OF THE SBT SERVICES OR SBT INTELLECTUAL PROPERTY. SBT DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SBT SERVICES, SBT INTELECTUAL PROPERTY, OR ANY OTHER WARRANTYMATERIAL OR SERVICES PROVIDED BY SBT IN CONNECTION WITH THE AGREEMENT, EXPRESSED OR IMPLIEDTHE ACCESS AND/OR SECURITY OF ANY WEBSITE MAINTAINED BY, ENDORSED, SUGGESTED, OR PROVIDED BY SBT, INCLUDING, BUT NOT LIMITED TO ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. REGENTS MAKES NO REPRESENTATION SBT DOES NOT WARRANT THAT ANY SBT OWNED/OPERATED WEBSITES, SERVERS, AND/OR EMAIL SENT FROM SBT OR ITS OWNED/OPERATED WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SBT HEREBY DISCLOSES THAT THE QUALITY OF SERVICES IT PROVIDES WILL VARY DUE TO PERFORMANCE OF CERTAIN SYSTEMS THAT AFFECT THE INTERNET AND THE SBT NETWORK, API, UI, AND APPLICATIONS. ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, IF ANY, ARE IN LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE INVENTIONSBT SOFTWARE IS ERROR-FREE, REGENTS’ PATENT RIGHTSWILL OPERATE WITHOUT INTERRUPTION, LICENSED PRODUCTSAND/OR IS COMPATIBLE WITH ALL EQUIPMENT AND/OR SOFTWARE CONFIGURATIONS. THIS SECTION SURVIVES EXPIRATION AND/OR EARLY TERMINATION OF THIS AGREEMENT. IF ANY PORTION OF THIS SECTION IS FOUND TO BE OVERBROAD, LICENSED SERVICES OR LICENSED METHOD THE LIMITATIONS OF THIS SECTION WILL ONLY BE REDUCED TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. SBT IS NOT INFRINGE RESPONSIBLE, AND SHALL INCUR NO LIABILITY FOR, ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL ACTS THAT ARE BEYOND SBT’S CONTROL, INCLUDING, BUT NOT LIMITED TO, THE ACTS OF THIRD PARTIES. UNDER NO CIRCUMSTANCE SHALL SBT BE LIABLE FOR ANY LOST PROFITSDAMAGES THAT RESULT FROM THE USE OF, COSTS OF PROCURING SUBSTITUTE GOODS OR THE INABILITY TO USE, SBT’S SERVICES, LOST BUSINESSINTELLECTUAL PROPERTY, ENHANCED DAMAGES INFORMATION, AND/OR WEBSITES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENTCERTAIN DAMAGES, OR FOR ANY INDIRECTAND, INCIDENTALIN SUCH EVENT, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT FOREGOING LIMITATIONS MAY BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS REDUCED ONLY TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS NECESSARY TO THIRD PARTIESCOMPLY WITH APPLICABLE LAW. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR A PARTICULAR PURPOSE PURPOSE; THE DESIGN OR CONDITION OF THE EQUIPMENT; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE WORKMANSHIP IN THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY OTHER WARRANTYLAW, EXPRESSED RULE, OR IMPLIED. REGENTS MAKES NO REPRESENTATION SPECIFICATION; PATENT INFRINGEMENTS OR WARRANTY LATENT DEFECTS, IT BEING AGREED THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL EQUIPMENT IS LEASED "AS IS" AND THAT ALL RISKS AS BETWEEN LESSOR AND LESSEE ARE TO BE BORNE BY LESSEE. LESSOR IS NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE RESPONSIBLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTINSTALLATION OF, OR FOR ANY INDIRECTREPAIRS OR SERVICE TO, INCIDENTALTHE EQUIPMENT. LESSOR IS NOT RESPONSIBLE FOR LOSS OF PROFIT OR FINANCIAL LOSS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING, PUNITIVEBUT NOT LIMITED TO, LOSS OR OTHER SPECIAL DAMAGES SUFFERED INTERRUPTION OF BUSINESS, WHICH MAY BE DIRECTLY OR INDIRECTLY CAUSED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED ATTRIBUTABLE TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED THE INADEQUACY OF THE POSSIBILITY OF SUCH DAMAGESEQUIPMENT. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or Lessee will be construed as: (a) A subrogated to Lessor's claims, if any, against the manufacturer or supplier of the Equipment for breach of any warranty or representation by REGENTS as and, Lessor shall enforce any such warranty, express or implied, issued on or applicable to any of the validityEquipment, enforceability or scope provided, that Lessee is not in default under the Lease pursuant to Section 13, hereof, and 3 Lessor shall not be obligated to enforce any such warranty unless Lessee agrees in writing to pay all expenses in connection therewith. All proceeds of any REGENTS' PATENT RIGHTS; or (b) A such warranty recovery from the manufacturer or representation that anything madesupplier of the Equipment shall be used at the discretion of Lessor to either repair or replace the affected Equipment. NOTWITHSTANDING THE FOREGOING, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSLESSEE'S OBLIGATION TO PAY RENT OR ANY OTHER SUM REQUIRED UNDER THIS LEASE SHALL BE AND IS ABSOLUTE AND UNCONDITIONAL.

Warranties. 17.1 This license Each party warrants that it has the legal power and the associated INVENTION are provided WITHOUT WARRANTY authority to enter into this Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE CUSTOMER HOSTED SERVICE IS PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE, OUR AFFILIATES, AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE THAT THE CUSTOMER HOSTED SERVICE OR ANY CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE CUSTOMER HOSTED SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE CUSTOMER HOSTED SERVICE, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE, OUR AFFILIATES, AND OUR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES OR COMMITMENTS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CUSTOMER HOSTED SERVICE OR ANY CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE CUSTOMER HOSTED SERVICE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONACCURACY, REGENTS’ PATENT RIGHTSSYSTEMS INTEGRATION, LICENSED PRODUCTSTITLE, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR QUIET ENJOYMENT, AND ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR RELATED TO THIS AGREEMENT FOR ALL CAUSES USAGE OF ACTION OF ANY KIND (INCLUDNG TORTTRADE. WE, CONTRACT, NEGLIGENCE, STRICT LIABILITYOUR AFFILIATES, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL OUR LICENSORS DISCLAIM ALL, AND YOU AGREE THAT YOU ARE NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEENTITLED TO ANY, SUBLICENSEES, JOINT VENTURES EQUITABLE OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESIMPLIED INDEMNITIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license A. As its exclusive warranties, Seller warrants to Buyer that, at the Delivery Point: (i) the Product shall conform to the specifications specifically set forth in Article I, Section O and (ii) title to the associated INVENTION are provided WITHOUT WARRANTY Product shall be free from any security interest, lien, or encumbrance. EXCEPT AS SPECIFICALLY SET FORTH IN THE PRECEDING SENTENCE, (I) BUYER acknowledges and agrees that KNI, KNC, AND THEIR RESPECTIVE AFFILIATES haVE not made, do not make, and expressly disclaim any warranties, representations, covenants, or guarantees, either express or implied, whether arising by operation of law or otherwise, as to the merchantability, quantity, CONDITION, OR quality of the PRODUCT or ITS suitability or fitness for any particular purpose or use AND (ii) THE PRODUCT IS SOLD "AS IS". B. Seller's liability, and Buyer's exclusive remedy, for any cause of action arising out of or related to the breach of the warranty above, is, at Buyer's option, limited to (i) replacement of the non-conforming Product at the Delivery Point or (ii) a refund to Buyer of the portion of the Price allocable to such non-conforming Product. IN NO EVENT WILL SELLER'S CUMULATIVE LIABILITY UNDER THE AGREEMENT EXCEED THE TOTAL SALES PRICE OF MERCHANTABILITY THE PRODUCT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER THE COST OF SUBSTITUTE PRODUCT, WHETHER ARISING UNDER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTGUARANTEE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH INDEMNIFICATION, FAILURE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED ESSENTIAL PURPOSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER. WITHOUT LIMITATION ON THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT FOREGOING, UNDER NO CIRCUMSTANCES SHALL EITHER ▇▇▇▇ OR BUYER BE LIABLE OR HAVE ANY RESPONSIBILITY TO THE OTHER OR ANY OTHER THIRD PARTY FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEINDIRECT, SUBLICENSEESSPECIAL, JOINT VENTURES CONSEQUENTIAL, EXEMPLARY, OR AFFILIATES ARISING OUT OF PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST EARNINGS, LOST PROFITS, OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBUSINESS INTERRUPTION. 17.3 Nothing in C. The obligations of KNI and KNC under this AGREEMENT is Agreement are several and not joint. For clarity, KNI shall have no responsibility or will be construed as: (a) A warranty liability for any obligation of KNC under this Agreement and KNC shall have no responsibility or representation by REGENTS as liability for any obligation of KNI under this Agreement. Subject to the validityforegoing and unless otherwise notified by KNI, enforceability or scope KNC shall act as agent on the behalf of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in KNI for the supply of Product by KNI to Buyer and the other functions and services associated with this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSAgreement.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty Lessee warrants that it is duly organized and in good standing under the laws of its state of incorporation; that Lessee is qualified to do business in those states wherein the Equipment is located; that the execution of this MLA and each Schedule has been duly authorized; and that the execution and performance of this MLA or representation any Schedule by REGENTS as Lessee will not cause Lessee to the validity, enforceability be in default under any material agreements or scope in violation of any REGENTS' PATENT RIGHTS; orapplicable laws. (b) LESSEE REPRESENTS TO LESSOR THAT LESSEE HAS SELECTED THE TYPE, QUANTITY AND SUPPLIER OF THE EQUIPMENT; AND THAT THE EQUIPMENT IS OF A warranty DESIGN, SIZE, QUALITY AND CAPACITY REQUIRED BY LESSEE, AND IS SUITABLE FOR LESSEE'S PURPOSES. LESSOR IS NOT A MANUFACTURER OR SUPPLIER OF THE EQUIPMENT NOR AN AGENT OF THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT, AND LESSOR DOES NOT ENDORSE OR PROMOTE ANY ITEM OF EQUIPMENT. NO REPRESENTATIONS OR PROMISES MADE BY ANY MANUFACTURER, SUPPLIER OR DISTRIBUTOR OF THE EQUIPMENT SHALL BE BINDING ON LESSOR. LESSOR MAKES NO WARRANTY OR REPRESENTATION (EITHER EXPRESS OR IMPLIED) TO LESSEE AS TO THE FITNESS, QUALITY, DESIGN, CONDITION, CAPACITY, SAFETY, SUITABILITY, MERCHANTABILITY OR PERFORMANCE OF THE EQUIPMENT (INCLUDING ITS CONFORMITY WITH APPLICABLE LAW AND REGULATIONS), TITLE TO THE EQUIPMENT, OR ANY OTHER MATTER WHATSOEVER. LESSEE AGREES THAT THE EQUIPMENT IS LEASED "AS IS" AND "WHERE IS" AND THAT ALL RISKS REGARDING THE EQUIPMENT ARE TO BE BORNE SOLELY BY LESSEE INCLUDING, WITHOUT LIMITATION, ANY LOSSES OR DAMAGES DUE TO ACTS OF GOD, STRIKES, GOVERNMENTAL ACTION OR OBSOLESCENCE. LESSOR SHALL NOT BE LIABLE TO LESSEE OR ANY OTHER PARTY FOR ANY CLAIM OR MATTER PERTAINING TO THE EQUIPMENT WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE (DIRECT, INDIRECT OR CONSEQUENTIAL) FROM BUSINESS INTERRUPTION, LOSS OF PROFITS, NONDELIVERY OR LATE DELIVERY OF THE EQUIPMENT, IMPROPER INSTALLATION OR DESIGN OF THE EQUIPMENT, FAILURE OR IMPROPER OPERATION OF THE EQUIPMENT, BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY THE MANUFACTURER AND/OR SUPPLIER OF THE EQUIPMENT, OR ANY INJURY TO PERSONS OR PROPERTY. Lessor makes no representations, warranties or representation that anything made, usedpromises with regard to the tax or accounting treatment of this Lease or Lease Schedule, or SOLD under any license granted in this AGREEMENT is or will be free from infringement the interests of patents of third parties; orLessor and Lessee as regards the Equipment. (c) An Lessee acknowledges that it has reviewed and approved all contracts and agreements pertaining to Lessor's acquisition of the Equipment prior to leasing the Equipment, and that Lessee accepts the terms and limitations of any warranties, license and/or provisions contained therein. To the extent assignable by Lessor, all warranties and licenses made by the manufacturer and/or supplier of the Equipment are hereby assigned to Lessee for the lease term applicable to such Equipment. At Lessee's sole expense and in Lessee's own name only, Lessor hereby authorizes Lessee to enforce any such warranties or licenses made with respect to the Equipment upon written notice to Lessor; and Lessor is under no obligation to bring enforce any warranties or prosecute actions license regarding the Equipment. Notwithstanding the foregoing, Lessee shall not commence any legal proceedings to enforce any warranty or suits license except upon the prior written consent of Lessor (which consent shall not be unreasonably withheld). Lessor makes no representations or warranties as to the existence, sufficiency or enforceability of any warranties or licenses regarding the Equipment; and Lessee's and Sub-Lessee's sole remedy for any defect in or nonconformity of the Equipment is against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSmanufacturer/vendor thereof.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT (a) NO LESSOR'S WARRANTIES. THE LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO: ANY WARRANTY AGAINST INFRINGEMENT (INCLUDING ANY CLAIMS FOR PATENT INFRINGEMENT) BY ANY PERSON; THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE; THE DESIGN OR THE CONDITION OF THE EQUIPMENT; THE WORKMANSHIP OF THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO; OR ANY OTHER WARRANTYDEFECTS WHATSOEVER; IT BEING UNDERSTOOD THAT THE EQUIPMENT IS BEING LEASED TO THE LESSEE "AS IS". (b) VENDOR'S WARRANTIES TO BE IN LIEU OF ALL OTHERS. THE LESSEE HEREBY AGREES THAT THE VENDOR'S EQUIPMENT WARRANTIES SHALL BE IN LIEU OF ALL OTHERS, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY , DURING THE TERM OF THIS LEASE, AND THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL LESSOR SHALL NOT BE LIABLE TO THE LESSEE FOR THE LOSS OF ANY LOST PROFITS, COSTS LOSS OF PROCURING SUBSTITUTE GOODS WORKING TIME, INJURY TO ANY PERSON OR SERVICESPROPERTY, LOST BUSINESSLOSS OF BUSINESS OR ANY OTHER DAMAGES, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, DIRECT OR FOR ANY INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIALCONSEQUENTIAL OR OTHERWISE CAUSED OR RESULTING FROM THE POSSESSION, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT USE AND LOSS OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED USE OF THE POSSIBILITY OF SUCH DAMAGESEQUIPMENT. REGENTS WILL NOT BE LIABLE FOR THE LESSEE SHALL MAKE ANY DIRECT DAMAGES SUFFERED BY LICENSEECLAIM ON ACCOUNT THEREOF SOLELY AGAINST THE VENDOR. The Lessor agrees to assign solely for the purpose of assisting the Lessee in the assertion of its claim, SUBLICENSEESall of the Lessor's rights to any Vendor warranties on the Equipment. All claims or actions under any Vendor warranties shall be made by the Lessee, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as at its own expense, and the Lessor shall have no obligation to make any claim on any such warranty; provided, however, if to the validityextent any breach of warranty results in damage or liability to the Lessor or the Lessor's interest in the Equipment, enforceability Lessor may, but shall not be under any obligation to, make or scope prosecute a claim or action in addition to or in lieu of any REGENTS' PATENT RIGHTS; or (b) A warranty claim or representation that anything made, used, or SOLD under action by the Lessee. Any proceeds recovered by the Lessee from any license granted in this AGREEMENT is or will claims made against the Vendor shall first be free from infringement of patents of third parties; orused to repair the affected Equipment. (c) An Once the Equipment has been accepted by the Lessee or presumed accepted by the Lessee pursuant to paragraph 8 above, no defects or unfitness of the Equipment for use in the Lessee's business shall relieve the Lessee of, or shall be a defense to, the Lessee' performance of its obligations under this Lease, including, without limitation, the obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; ormake the rental payments due to the Lessor. (d) Conferring by implicationThe foregoing provisions of paragraph 7 above (relating to selection of the Equipment), estoppelparagraph 8 above (relating to the Lessee's inspection and acceptance of the equipment), or otherwise any license or rights this paragraph 9 (relating to the Lessor's disclaimer of warranties), and paragraph 27 (relating to indemnification) reflect the parties' intention of structuring this Lease as a "finance lease" within the meaning of Hawaii Uniform Code Article 2A - Leases (as codified in Chapter 490 of the Hawaii Revised Statutes, as amended). These provisions are material to the determination of the amount of rent payable under any patents this Lease, and, accordingly, shall be construed to effect this intention of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSparties.

Warranties. 17.1 This license Ricoh warrants that the Services will be performed: (a) in a good and workmanlike manner; (b) using reasonable care and skill; and (c) according to the associated INVENTION description contained in the applicable Order Form. Ricoh will re-perform any Services not in compliance with this warranty and brought to Ricoh’s attention in writing within a reasonable time, but in no event more than thirty (30) days after such Services are provided performed, which shall be an exclusive remedy for such non-compliance. Customer acknowledges that Ricoh’s performance of Services is dependent upon Customer’s timely and effective performance of its responsibilities set forth in the Order Form. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN OR IN AN ORDER FORM, RICOH MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR FREEDOM FROM INFRINGEMENT OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. NO WARRANTIES ARE CREATED BY ANY OTHER WARRANTYCOURSE OF DEALING BETWEEN THE PARTIES, EXPRESSED COURSE OF PERFORMANCE, TRADE USAGE OR IMPLIEDINDUSTRY CUSTOM. REGENTS MAKES IN NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT EVENT SHALL RICOH BE LIABLE TO CUSTOMER OR A THIRD PARTY FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF RESULTING FROM OR RELATED TO ANY FAILURE OF SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR DELAY OF DELIVERY OF SERVICES UNDER THIS AGREEMENT FOR ALL CAUSES OF ACTION OF AGREEMENT. RICOH ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYANTI-VIRUS OR SIMILAR SOFTWARE, AND BREACH THE SCOPE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SERVICES CONTEMPLATED HEREBY DOES NOT INCLUDE ANY SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSERVICES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license All Equipment supplied by DMG MORI is subject to the terms of the limited DMG MORI Warranty in accordance with the Sales Confirmation. With respect to Equipment and replacement Parts manufactured by DMG MORI, DMG MORI assigns to Buyer and, if Buyer is a distributor, to the associated INVENTION are provided WITHOUT distributor’s customer, DMG MORI’s limited warranty towards its supplier. In such case, ▇▇▇▇▇ has the right to acknowledge receipt of a copy of said warranty. Nothwithstanding this, unless otherwise required by Law, the limited DMG MORI Warranty does not cover or extend to the Equipment if or to the extent to which the Equipment has been manufactured by a party other than DMG MORI or any Related Body Corporate unless this Equipment has been irrevocably incorporated into Equipment that has been manufactured by DMG MORI or a Related Body Corporate To the extent permitted by Law, DMG MORI GIVES NO IMPLIED WARRANTY, AS TO THE QUALITY, FINISH, ACCURACY OR TOLERANCE, COMPLIANCE WITH ELECTRICAL, HYDRAULIC, PNEUMATIC OR OTHER SAFETY CODES REQUIRED BY ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL BODY, OR AS TO THE EFFICIENCY, PRODUCTIVITY, OR PERFORMANCE OF ANY GOODS. DMG MORI MAKES NO WARRANTY AS TO MERCHANTABILITY OF MERCHANTABILITY THE GOODS OR ANY REPLACEMENT PART, OR AS TO ITS FITNESS FOR A ANY PARTICULAR USE, INTENDED PURPOSE OR ANY OTHER WARRANTYOTHERWISE. To the extent permitted by Law, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONliability under any condition or warranty which cannot legally be excluded is limited at DMG MORI's option in the case of Equipment supplied, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validityreplacement or repair of Equipment or the supply of equivalent Equipment, enforceability the payment of the cost of repairing or scope replacing the Equipment or of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeacquiring equivalent Equipment, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided and in the patents and patent applications under REGENTS' PATENT RIGHTScase of services supplied, to the supplying of the services again or the payment of the costs of having the services supplied again.

Warranties. 17.1 This license and Provider warrants that its products shall, at the associated INVENTION are time of delivery, conform to the description of such products as provided WITHOUT to you by Provider through Provider's product directory, analytical data or other then-current literature. THIS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IS EXCLUSIVE, AND PROVIDER MAKES NO OTHER WARRANTY, EXPRESSED EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION , INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE NON-INFRINGEMENT OF ANY THIRD-PARTY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL INTELLECTUAL PROPERTY RIGHTS. Provider's warranties made in connection with this sale shall not be effective if Provider has determined, in its sole discretion, that you have misused the Products in any manner, have failed to use the Products in accordance with industry standards and practices, or have failed to use the Products in accordance with instructions, if any, furnished by Provider. PROVIDER'S SOLE AND EXCLUSIVE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO PRODUCTS PROVED TO PROVIDER’S SATISFACTION TO BE DEFECTIVE OR NONCONFORMING SHALL BE REPLACEMENT OF SUCH PRODUCTS WITHOUT CHARGE OR REFUND OF THE PURCHASE PRICE, IN PROVIDER'S SOLE DISCRETION, UPON THE RETURN OF SUCH PRODUCTS IN ACCORDANCE WITH PROVIDER'S INSTRUCTIONS. PROVIDER SHALL NOT IN ANY EVENT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTRESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, COST OF CAPITAL, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, ANY LIABILITY OF BUYER TO A THIRD PARTY, OR FOR ANY DIRECT LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY PROVIDER’S GROSS NEGLIGENCE. THE EXCLUSION OF SUCH DAMAGES SUFFERED BY LICENSEEAND/OR CLAIMS SHALL BE DEEMED INDEPENDENT OF, SUBLICENSEESAND SHALL SURVIVE, JOINT VENTURES ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY ARISING FROM THE PURCHASE AND/OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS THESE TERMS AND CONDITIONS. PROVIDER’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO CASE EXCEED THE CONTRACT PRICE FOR THE SPECIFIC PRODUCTS THAT GIVE RISE TO THE EXTENT ASSIGNED BREACH. THESE EXCLUSIONS AND LIMITATIONS ON DAMAGES SHALL APPLY REGARDLESS OF HOW THE LOSS OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESDAMAGE MAY BE CAUSED AND AGAINST ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY. ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF SHIPMENT, REGARDLESS OF THEIR NATURE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided DARUMA WARRANTS THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER AND IN ACCORDANCE WITH ANY WRITTEN DOCUMENTATION OR PRODUCT DESCRIPTIONS PROVIDED BY DARUMA OR OTHERWISE MADE AVAILABLE ON DARUMA'S WEBSITE. CUSTOMER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT THE SOLE DISCRETION OF DARUMA, THE RESTORATION OF THE SERVICE IN A MANNER THAT CONFORMS TO THESE WARRANTIES OR THE TERMINATION OF THE SERVICE AND THIS AGREEMENT AND A PRO-RATA REFUND OF ANY PRE-PAID SUBSCRIPTION FEES PAID BY CUSTOMER FOR THE NON-CONFORMING SERVICES FOR THE PERIOD OF NON- CONFORMANCE. EXCEPT AS PROVIDED ABOVE, ALL INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY DARUMA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND AND CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARUMA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DARUMA MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NOR DOES DARUMA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER WARRANTY, EXPRESSED INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR IMPLIEDDATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. REGENTS MAKES NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF DARUMA OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE BY DARUMA FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPURPOSE, OR FOR GIVE RISE TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT LIABILITY OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION DARUMA WHATSOEVER. MENTION OF ANY KIND (INCLUDNG TORTNON-DARUMA PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION. IN THE EVENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES ABOVE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH THE MAXIMUM AMOUNT OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT EXCLUSIONS ALLOWED UNDER APPLICABLE LAW SHALL BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESAPPLIED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY 8.1 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES OR THEIR FUNCTIONALITY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR ANY OTHER WARRANTYWARRANTIES REGARDING THE RELIABILITY, EXPRESSED AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR IMPLIEDCOMPLETENESS OF THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES. REGENTS MAKES NO REPRESENTATION WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANTY WARRANT THAT: (I) THE OPERATION OR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (II) THE QUALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS. 8.2 YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET AND BLOCKCHAINS, AND THAT THE INVENTIONSERVICES MAY BE SUBJECT TO LIMITATIONS, REGENTS’ PATENT RIGHTSDELAYS, LICENSED PRODUCTSAND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT DELIVERY FAILURES, OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE LIABLE FOR ANY LOST PROFITSSECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, COSTS THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. 8.3 YOU ACCEPT RESPONSIBILITY OF PROCURING SUBSTITUTE GOODS ALL ACTIVITIES AND CONTENTS GENERATED BY YOU VIA THE SERVICES. 8.4 YOU FURTHER ACKNOWLEDGE THAT WE DO NOT ACT AS YOUR BROKER-DEALER, INTERMEDIARY, AGENT OR SERVICESADVISOR WITH RESPECT TO ANY REQUEST YOU MAKE OR INSTRUCT US TO MAKE VIA EVIS OR SERVICES AND OWE YOU NO FIDUCIARY DUTY. ANY COMMUNICATION BY US TO YOU SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, LOST BUSINESSTAX, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, ACCOUNTING OR FOR FINANCIAL ADVICE. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, USE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED ACCESS TO THIS AGREEMENT FOR ALL CAUSES OF ACTION EVIS SHALL NOT BE CONSTRUED AS THE FACILITATION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH SALE OR EXCHANGE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES SECURITIES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESCOMMODITIES AS AN EXCHANGE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license (a) Seller warrants that the Products covered by this Agreement will meet the specifications for such Products as reflected on Seller's then current Product data sheets, that Seller will convey good title thereto, and the associated INVENTION are provided WITHOUT WARRANTY that such Products shall be delivered free from any lawful security interest or encumbrance. (b) EXCEPT AS SET FORTH IN SECTION 8(a) ABOVE, NEITHER SELLER NOR ANY MANUFACTURER OR OTHER SELLER (OR ANY AGENT ON THEIR BEHALF, SUCH AGENTS HAVING NO AUTHORITY IN SUCH RESPECT), MAKES ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF MERCHANTABILITY ANY KIND, EITHER EXPRESS OR IMPLIED, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCTS SOLD, OR THE USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, USE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT ELIGIBILITY OF THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE PRODUCTS FOR ANY LOST PROFITSPARTICULAR TRADE USAGE, COSTS ALL OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESWHICH ARE HEREBY EXPRESSLY DISCLAIMED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringementUNINTENDED CONSEQUENCES MAY RESULT FROM THE USE OR APPLICATION OF THE PRODUCTS DUE TO, except as provided in Article 18; orBUT NOT LIMITED TO, SUCH FACTORS AS PRESENCE OF OTHER MATERIALS, OR THE MANNER OF USE OR APPLICATION, ALL OF WHICH ARE BEYOND THE CONTROL OF SELLER OR MANUFACTURER. IN NO CASE SHALL SELLER OR MANUFACTURER BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES RESULTING FROM THE USE OR HANDLING OF THE PRODUCTS. ALL SUCH RISKS SHALL BE ASSUMED BY BUYER AND BY THE ULTIMATE CONSUMER. (d) Conferring by implicationEach ConAgra Distribution Company that purchases Products will be deemed to have assumed all risks and liabilities whatsoever resulting from transportation, estoppelhandling, or otherwise any license or rights under any patents storage, use, and disposal of REGENTS other than REGENTS' PATENT RIGHTS as defined hereinthe Products after delivery of the Products, regardless of whether such patents Products are dominant used singly or subordinate to REGENTS’ PATENT RIGHTS; orin combination with other substances. (e) An obligation Notwithstanding any other provisions of this Agreement, ConAgra Foods agrees that, if so requested by Seller in advance, to furnish cause any know-how not ConAgra Distribution Company to return to Seller any Products that are, or are claimed to be, damaged or defective, or otherwise to dispose of such Products as Seller may direct. (f) Except as otherwise expressly provided in this Agreement, no claim of any kind whatsoever, whether arising in contract, tort, negligence, breach of warranty, strict liability, or under any other legal theory, as to Products delivered or for non-delivery of Products shall be greater in amount than the patents purchase price of the Products with respect to which damages are claimed, and patent applications under REGENTSSeller's sole liability to ConAgra Foods or to any ConAgra Distribution Company, if any, and the sole remedy in respect of any such claim, shall in no event exceed such purchase price. Seller may satisfy any such liability at its option either by (i) replacing such Products, or (ii) refunding to such buyer (by cash or credit) the purchase price of such Products. (g) Under no circumstances shall either party or their respective affiliates be liable to the other party for consequential, incidental, special or indirect damages. (h) Any advice furnished by Seller or its agents with reference to the use of the Products is given gratis and Seller assumes no obligation or liability for the advice given or the results obtained and any such Products advice furnished by Seller shall not constitute a representation, warranty or guarantee as to any matter, all such advice being given and accepted at the risk of ConAgra Foods and the ConAgra Distribution Company buying the Product or the ultimate consumers. No statements or suggestions contained in Seller's or its affiliates' PATENT RIGHTSliterature are to be construed as inducements to infringe any patent.

Warranties. 17.1 This license 53BThe Seller warrants that the Technical Data are prepared in accordance with the state of art at the date of their conception. Should any Technical Data prepared by the Seller contain non-conformity or defect, the sole and exclusive liability of the associated INVENTION Seller shall be to take all reasonable and proper steps to correct such Technical Data. Notwithstanding the above, no warranties of any kind are provided WITHOUT given for the COC Data, as set forth in Clause 14.9. 54BTHE WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE SELLER AND/OR ITS SUPPLIERS AND REMEDIES OF THE BUYER SET FORTH IN THIS CLAUSE 14 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE SELLER AND/OR ITS SUPPLIERS AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, ITS SUPPLIERS AND/OR THEIR INSURERS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: 55BANY WARRANTY AGAINST HIDDEN DEFECTS (GARANTIE DES VICES CACHES); 56BANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FITNESS; 57BANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; 58BANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER CONTRACTUAL OR DELICTUAL AND WHETHER OR NOT ARISING FROM THE SELLER’S AND/OR ITS SUPPLIERS’ NEGLIGENCE, ACTUAL OR IMPUTED; AND 59BANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR A PARTICULAR PURPOSE LOSS OR DAMAGE TO ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART THEREOF OR ANY OTHER WARRANTYTECHNICAL DATA DELIVERED HEREUNDER. 60BTHE SELLER AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY, EXPRESSED HOWSOEVER ARISING, FOR LOSS OF USE, REVENUE OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, PROFIT OR FOR ANY INDIRECTOTHER DIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT. 61BFOR THE PURPOSES OF THIS CLAUSE 14.11.2, CONSEQUENTIAL“THE SELLER” SHALL INCLUDE THE SELLER, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR ITS AFFILIATES ARISING OUT AND ANY OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHEIR RESPECTIVE INSURERS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided LANDLORD HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, NOR DOES LANDLORD MAKE ANY HEREIN REGARDING THE CONDITION OF THE PREMISES OR ANY PART THEREOF, INCLUDING, WITHOUT WARRANTY OF MERCHANTABILITY OR LIMITATION, THE PREMISES' FITNESS FOR A ANY PARTICULAR PURPOSE USE OR OCCUPANCY. LANDLORD FURTHER HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, BOTH EXPRESS AND IMPLIED IN LAW, WITH RESPECT TO THE CONDITION, HABITABILITY, OR SUITABILITY OF THE PREMISES, OR ANY PART THEREOF, FOR THE USE AND PURPOSES PERMITTED HEREUNDER OR ANY OTHER WARRANTYPURPOSE, EXPRESSED AND LANDLORD DOES NOT REPRESENT OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY WARRANT THAT THE INVENTIONPREMISES OR ANY PART THEREOF COMPLIES WITH ANY LAWS RELATING TO THE USES AND OCCUPANCY THEREOF. TENANT FULLY UNDERSTANDS THAT THERE MAY BE CERTAIN REPAIRS AND ALTERATIONS REQUIRED FOR THE CONTINUED LICENSING AND/OR CERTIFICATION OF THE PREMISES, REGENTS’ PATENT RIGHTSAND TENANT SHALL BE FULLY RESPONSIBLE FOR THE COST OF AND FOR EFFECTUATING ANY AND ALL ALTERATIONS, LICENSED PRODUCTSREPAIRS AND REPLACEMENTS REQUIRED TO BE MADE FOR THE CONTINUED LICENSING AND CERTIFICATION OF THE PREMISES, LICENSED SERVICES OR LICENSED METHOD WILL AS WELL AS ALL ALTERATIONS AND REPLACEMENTS REQUIRED TO MAINTAIN AND PRESERVE THE PREMISES IN THE CONDITION CALLED FOR HEREIN. THE PARTIES HEREBY ACKNOWLEDGE THAT LANDLORD IS NOT INFRINGE RESPONSIBLE FOR, AND TENANT SHALL HOLD LANDLORD HARMLESS IN CONNECTION WITH, ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE SUCH REPAIRS, REPLACEMENTS, AND ALTERATIONS TO THE PREMISES FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESREASON WHATSOEVER. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY 9.01 LESSOR SHALL HAVE NO LIABILITY TO LESSEE FOR ANY CLAIM, LOSS, OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS) CAUSED OR ALLEGED TO BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY, OR CONSEQUENTLY BY THE EQUIPMENT OR ANY ITEM OF MERCHANTABILITY EQUIPMENT, BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, OR BY ANY INCIDENT, WHATSOEVER IN CONNECTION THEREWITH, ARISING IN STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, OR IN ANY WAY RELATED TO OR ARISING OUT OF THIS LEASE. THE LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING THOSE OF MERCHANTABILITY, DURABILITY, CONDITION, AND FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE EQUIPMENT AND EXPRESSLY DISCLAIMS THE SAME. FURTHER, THE LESSEE CONFIRMS THAT IT DECIDED TO LEASE THE EQUIPMENT ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY OTHER WARRANTYSTATEMENTS, EXPRESSED REPRESENTATIONS, OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY WARRANTIES MADE BY THE LESSOR, AND THE LESSEE ACKNOWLEDGES THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES LESSOR IS NOT A MANUFACTURER OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION VENDOR OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED PART OF THE POSSIBILITY OF SUCH DAMAGESEQUIPMENT. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEAs to each Item of Equipment, SUBLICENSEESLessor hereby assigns to Lessee, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation without recourse, during the term hereof all applicable manufacturer's warranties which by REGENTS as their terms are so assignable. The Lessee shall take all reasonable action to enforce such warranties to the validityextent so assigned. All claims or actions on any warranty so assigned shall be made and prosecuted by the Lessee at its sole expense, enforceability or scope and the Lessor shall have no obligation to claim any warranty. The Lessee shall keep the Lessor informed of any REGENTS' PATENT RIGHTS; or (b) A such claim or action by the Lessee, and any recovery under such warranty shall be payable jointly to the Lessor and the Lessee, as their interests may appear. All proceeds of such recovery shall be used to repair or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in replace the patents and patent applications under REGENTS' PATENT RIGHTSEquipment.

Warranties. 17.1 This license (“Asset Manager/Dealer/Sales Agent”) shall not offer any warranties on the sale of an Equipment item except to the extent a warranty is required by law and the associated INVENTION are provided cannot be disclaimed. The following language shall appear in bold, all capital letters on each ▇▇▇▇ of sale, purchase order or other contract for sale used in connection with a sale of an Equipment item: “TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ITEM SOLD IS BEING SOLD ON AN “AS IS – WHERE IS” BASIS, WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDPURPOSE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL SELLER SHALL NOT BE LIABLE FOR ANY LOST LOSS OF REVENUES OR PROFITS, COSTS OF PROCURING INCONVENIENCE, EXPENSE FOR SUBSTITUTE GOODS EQUIPMENT OR SERVICESSERVICE, LOST BUSINESSSTORAGE CHARGES, ENHANCED LOSS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTCAUSED BY THE USE OR MISUSE OF, OR INABILITY TO USE THE ITEM SOLD. IN NO EVENT SHALL SELLER’S LIABILITY EXCEED AMOUNT BUYER PAID TO SELLER TO PURCHASE THE ITEM SOLD. BUYER ASSUMES ALL RISK AND LIABILITY FOR ANY INDIRECTLOSS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DAMAGE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES INJURY TO BUYER AND BUYER’S PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF USE OR RELATED MISUSE OF, OR INABILITY TO THIS AGREEMENT FOR ALL CAUSES USE THE ITEM SOLD. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF ACTION OF ANY KIND (INCLUDNG TORTINCIDENTAL OR CONSEQUENTIAL DAMAGES, CONTRACTOR DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES, NEGLIGENCE, STRICT LIABILITY, THE ABOVE LIMITATIONS AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESEXCLUSIONS MAY NOT APPLY TO YOU. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSTATE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.”

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT (a) WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (I) WARRANTY WITH RESPECT TO THE INTENDED OR EXPECTED FUNCTIONAL OPERATION OF THE PRODUCTS; (II) WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY; (III) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE; (IV) WARRANTY OF TITLE; OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR (V) WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS AGAINST INFRINGEMENT OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTRIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU SHALL USE THE PRODUCTS CONSISTENT WITH THE LABELING AND END USER INSTRUCTIONS. PRODUCTS MANUFACTURED BY A THIRD PARTY (“THIRD PARTY PRODUCT”) MAY CONSTITUTE, CONTAIN, BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO OR PACKAGED TOGETHER WITH, THE PRODUCTS. FOR THE AVOIDANCE OF DOUBT, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INDIRECTTHIRD PARTY PRODUCT, INCIDENTALINCLUDING ANY (I) WARRANTY WITH RESPECT TO THE INTENDED OR EXPECTED FUNCTIONAL OPERATION OF SUCH PRODUCTS; (II) WARRANTY OF MERCHANTABILITY; (III) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTY OF TITLE; OR (V) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, CONSEQUENTIALCOURSE OF DEALING, PUNITIVECOURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHERWISE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) ANY STATEMENTS ON THE SITE OR ANY MATERIALS OR PRODUCTS WE DISTRIBUTE OR SELL HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”) OR U.S. ENVIRONMENTAL PROTECTION AGENCY (“EPA”). NEITHER THE PRODUCTS NOR THE COMPONENTS OF THE PRODUCTS AVAILABLE ON THE SITE HAVE BEEN APPROVED, REGISTERED, OR ENDORSED BY THE FDA, EPA, OR ANY REGULATORY AGENCY. THE PRODUCTS ON THE SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE INFORMATION ON THE SITE OR OTHER MATERIALS WE MAY PROVIDE TO YOU ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSSUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE.

Warranties. 17.1 This license 7.1 Each party represents and warrants that it has, and will maintain, the associated INVENTION are provided full legal right and authority to enter into the Agreement and to grant the rights granted by it under the Agreement. 7.2 CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS USING THE SERVICE, INCLUDING ALL OPPORTUNITY AND ACCOUNT INFORMATION AND ALL OTHER INFORMATION AND CONTENT, AT ITS OWN RISK, AND THAT THE SERVICES AND ALL SUCH INFORMATION AND CONTENT ARE MADE AVAILABLE ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY WARRANTIES OF MERCHANTABILITY ANY KIND. PARTNERTAP DOES NOT WARRANT THE ACCURACY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE SERVICE AND USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL SUCH INFORMATION AND CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTNERTAP DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTYNON-INFRINGEMENT WHETHER ARISING BY A COURSE OF DEALING, EXPRESSED USAGE OR IMPLIEDTRADE PRACTICE OR COURSE OF PERFORMANCE. REGENTS MAKES NO REPRESENTATION OR WARRANTY PARTNERTAP DOES NOT WARRANT THAT THE INVENTIONSERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, REGENTS’ PATENT RIGHTSOR WILL BE SECURE, LICENSED PRODUCTS, LICENSED SERVICES UNINTERRUPTED OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE ERROR FREE. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY LOST PROFITS, COSTS HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTANY FUTURE FUNCTIONALITY, OR FOR ON ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ORAL OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, WRITTEN PUBLIC COMMENTS OR AFFILIATES ARISING OUT ADVERTISING OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES PARTNERTAP IN ITS PURCHASE OF ACTION THE SERVICE. PARTNERTAP PROVIDES NO WARRANTIES OF ANY KIND (INCLUDNG TORTWITH RESPECT TO SERVICES PROVIDED ON A BETA, CONTRACTEVALUATION, NEGLIGENCEOR TRIAL BASIS, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOPEN SOURCE SOFTWARE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT EXCEPT AS OTHERWISE EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE CONVEYANCE OF THE PROPERTIES SHALL BE MADE, AND ANY ASSIGNMENT AND BILL OF SALE EXECUTED PURSUANT HERETO SHALL BE EXECUTED, WITH A LIMI▇▇▇ WARRANTY OF TITLE AS DEFINED IN SECTION 5 ABOVE; WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OR REPRESENTATION AS TO THE MERCHANTABILITY OR OF ANY PERSONAL PROPERTY, SUCH PERSONAL PROPERTY'S FITNESS FOR A PARTICULAR PURPOSE ANY PURPOSE, THE VALIDITY, EXISTENCE OR EFFECTIVENESS OF ANY OTHER WARRANTYLEASE OR LEASEHOLD ESTATE COVERED HEREBY, EXPRESSED SELLER'S PREDECESSORS' COMPLIANCE WITH ANY OF THE OBLIGATIONS OR IMPLIED. REGENTS MAKES NO REPRESENTATION COVENANTS, EXPRESS, IMPLIED OR WARRANTY THAT THE INVENTIONSTATUTORY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES UNDER ANY LEASE OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTLEASEHOLD ESTATE COVERED HEREBY, OR FOR A ' NY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTY OR REPRESENTATION WHATSOEVER, IN ADDITION, SELLER SHALL MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE ACCURACY OR COMPLETENESS OF ANY INDIRECTDATA, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINFORMATION OR MATERIALS HERETOFORE OR HEREAFTER FURNISHED BUYER IN CONNECTION WITH THE PROPERTIES, OR AS TO THE QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OF THE PROPERTIES TO PRODUCE HYDROCARBONS. ANY AND ALL SUCH DATA, INFORMATION AND OTHER SPECIAL DAMAGES SUFFERED MATERIALS FURNISHED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED SELLER ARE PROVIDED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYBUYER AS A CONVENIENCE, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED ANY RELIANCE ON OR USE OF THE POSSIBILITY OF SUCH DAMAGESSAME SHALL BE AT BUYER'S SOLE RISK. REGENTS WILL NOT BE LIABLE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEIN THIS AGREEMENT, SUBLICENSEESBUYER ACCEPTS THE PROPERTIES N THEIR "AS IS, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESWHERE IS" CONDITION WITH ALL FAULTS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 5.1 Each party represents and warrants that it has the associated INVENTION are provided full corporate power and authority to execute the Agreement and each Order Form. 5.2 THE SERVICES, AND ALL INFORMATION, REPORTS, ESTIMATES, CONTENT, AND OTHER MATERIALS PROVIDED OR MADE AVAILABLE TO CUSTOMER BY APP ▇▇▇▇▇ IN CONNECTION WITH THE SERVICES AND AGREEMENT (THE “AA CONTENT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY WARRANTIES OF MERCHANTABILITY ANY KIND AND APP ▇▇▇▇▇ DOES NOT GUARANTEE THE ACCURACY OR AVAILABILITY OF ANY SERVICES OR AA CONTENT. THE SERVICES AND AA CONTENT ARE NOT INTENDED AS, AND SHOULD NOT BE RELIED ON AS ADVICE, GUIDANCE, OR DIRECTION, AND CUSTOMER MUST USE ITS INDEPENDENT BUSINESS JUDGEMENT IN THE CONDUCT OF ITS BUSINESS. TO THE FULLEST EXTENT PERMITTED BY LAW, APP ▇▇▇▇▇ DISCLAIMS ANY AND ALL OTHER WARRANTIES (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WHETHER ARISING BY A COURSE OF DEALING, USAGE OR ANY OTHER WARRANTY, EXPRESSED TRADE PRACTICE OR IMPLIEDCOURSE OF PERFORMANCE. REGENTS MAKES NO REPRESENTATION OR WARRANTY CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE INVENTIONSERVICES AND AA CONTENT PROVIDED HEREUNDER RELY ON AND/OR ARE BASED ON INFORMATION, REGENTS’ PATENT RIGHTSCONTENT, LICENSED PRODUCTSMATERIALS, LICENSED AND SERVICES OBTAINED THROUGH A VARIETY OF METHODOLOGIES FROM THIRD PARTY SOURCES THAT ARE NOT AFFILIATED WITH OR LICENSED METHOD WILL CONTROLLED BY APP ▇▇▇▇▇, AND ACCORDINGLY, APP ▇▇▇▇▇ CANNOT AND DOES NOT INFRINGE MAKE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR REPRESENTATIONS AS TO, AND HEREBY DISCLAIMS ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES AND ALL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES ASSOCIATED WITH THE ADEQUACY, SUFFICIENCY, COMPLETENESS, CURRENCY, PROVENANCE, RIGHTS, OR OTHER ATTRIBUTES OF ACTION SUCH SERVICES AND AA CONTENT, OR APP ▇▇▇▇▇’S COLLECTION AND PROCESSING THEREOF. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY KIND (INCLUDNG TORTFUTURE FUNCTIONALITY, CONTRACTOR ON ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF APP ▇▇▇▇▇, NEGLIGENCEIN ITS PURCHASE OF THE SERVICES, STRICT LIABILITYNOR IS IT RELYING ON THE SERVICES OR AA CONTENT AS A SOURCE OF ADVICE, GUIDANCE, OR DIRECTION IN THE CONDUCT OF ITS BUSINESS, AND BREACH OF WARRANTYACCORDINGLY, ALL ACTS, OMISSIONS, AND DECISIONS CUSTOMER UNDERTAKES OR MAKES (OR REFRAINS FROM MAKING OR UNDERTAKING) EVEN IF REGENTS HAS BEEN ADVISED THROUGH THE USE OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEESERVICES, SUBLICENSEESAA CONTENT, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHERWISE ARE CUSTOMER’S SOLE RESPONSIBILITY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license ECOG warrants during the Term that the SAAS Services will be free of material defects and will function in substantial conformance to its documentation provided to Customer by ECOG, which provision may be through ECOG’s website, and which documentation sets out a description of the SAAS Services and the associated INVENTION are provided instructions for use of the SAAS Services. ECOG DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONS PERFORMED BY THE SAAS SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE SAAS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE SAAS SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND ECOG DISCLAIMS ANY AND ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN, INCLUDING, WITHOUT WARRANTY LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR ANY OTHER WARRANTYNOT ECOG KNOWS, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONHAS REASON TO KNOW, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTHAS BEEN ADVISED, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION IS OTHERWISE IN FACT AWARE OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE). REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED PERMITTED BY APPLICABLE LAW, ECOG FURTHER DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, AND/OR LICENSED REPRESENTATIONS OF TITLE AND NON- INFRINGEMENT. THE SAAS SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing ECOG OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ECOG’S OBLIGATIONS HEREUNDER. No action for breach of the limited warranty set forth in this AGREEMENT is or will Section 9 may be construed as: commenced more than one (a1) A warranty or representation by REGENTS as to year following the validity, enforceability or scope expiration of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSTerm.

Warranties. 17.1 This license and the associated INVENTION are provided 6.1 DATA AND DATA PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY, REPRESENTATION OR ASSURANCE OF ANY KIND. TPICAP, ITS AFFILIATES AND DATA PROVIDERS AND ITS AND THEIR RELATED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND (INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY TIMELINESS, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, CORRESPONDENCE WITH ANY METHODOLOGY OR DESCRIPTION, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT TPICAP KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OF, OR IS OTHERWISE IN FACT AWARE OF ANY OTHER WARRANTYSUCH PURPOSE)), EXPRESSED WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA PRODUCTS OR THE DATA. REGENTS MAKES NO REPRESENTATION SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY LOSSES RESULTING FROM ITS RELIANCE ON DATA PRODUCTS OR WARRANTY THE DATA. SUBSCRIBER ACKNOWLEDGES AND UNDERSTANDS THAT (I) THIS AGREEMENT IS SUBJECT TO ANY CURRENT OR FUTURE REQUIREMENTS OF TPICAP’S DATA SUPPLIERS UNDER TPICAP’S AGREEMENTS WITH SUCH DATA SUPPLIERS, AND (II) AVAILABILITY OF THE INVENTIONDATA IS CONDITIONED UPON THE MARKET ACTIVITY OF TPICAP’S DATA SUPPLIERS, REGENTS’ PATENT RIGHTSWHICH MAY BE AN AFFILIATE, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTAND IS SUBJECT TO CHANGE BASED ON SUCH ACTIVITY. 17.2 REGENTS WILL 6.2 TPICAP SHALL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS DELAY OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, FAILURE TO PROVIDE A DATA PRODUCT OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF PERFORM THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS SERVICES TO THE EXTENT ASSIGNED CAUSED BY SUBSCRIBER’S FAILURE TO HAVE OR LICENSED BY REGENTS’ INVENTORS TO BE IN COMPLIANCE WITH AN APPLICABLE THIRD PARTIESPARTY AGREEMENT. 17.3 Nothing in this 6.3 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DELAY IN PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS (OTHER THAN SUBSCRIBER’S OBLIGATIONS TO PAY THE LICENSE FEE) UNDER THIS AGREEMENT is or will be construed as:OR AN ORDER FORM TO THE EXTENT THAT SUCH DELAY OR NON-PERFORMANCE IS CAUSED BY A FORCE MAJEURE EVENT. SUBSCRIBER SHALL BE ENTITLED TO TERMINATE AN AFFECTED ORDER FORM IF A FORCE MAJEURE EVENT CONTINUES FOR MORE THAN 28 CONSECUTIVE DAYS. (a) A warranty or representation by REGENTS as to the validity6.4 TPICAP DISCLAIMS ANY AND ALL RESPONSIBILITY IN RESPECT OF, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeAND LIABILITY FOR, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSTHIRD PARTY DATA AND ANY DERIVED DATA.

Warranties. 17.1 This license A. By Ocean Spray. Subject to Northland’s warranty in Section 4.D., Ocean Spray represents and warrants to Northland that the Concentrate and the associated INVENTION are provided WITHOUT Ocean Spray Concentrate as of the time of delivery to Northland complies with Applicable Law, is not adulterated and is fit for human consumption. EXCEPT AS SET FORTH IN THIS SECTION 17A, OCEAN SPRAY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONCENTRATES, WHETHER EXPRESS OR IMPLIED AND EITHER IN FACT OR BY OPERATION OF LAW, AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE AND NONINFRINGEMENT. B. Disclaimer by Northland. OCEAN SPRAY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT (i) NORTHLAND IS TRANSFERRING ANY NON-COMMITTED CONCENTRATE PURCHASED BY OCEAN SPRAY HEREUNDER AS IS, WHERE IS AND WITH ALL FAULTS OTHER THAN THOSE FAULTS DUE TO THE BREACH OF NORTHLAND’S WARRANTIES HEREUNDER AND (ii) NEITHER NORTHLAND NOR ANY OTHER PERSON IS MAKING, AND OCEAN SPRAY IS NOT RELYING ON, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, OTHER THAN THOSE PROVIDED IN THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER CONCERNING THE NON-COMMITTED CONCENTRATE, OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO OCEAN SPRAY BY NORTHLAND OR ANY OTHER WARRANTY, EXPRESSED PERSON OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT OTHERWISE OBTAINED BY OCEAN SPRAY CONCERNING THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTNON-COMMITTED CONCENTRATE. 17.2 REGENTS WILL C. Disclaimer by Ocean Spray. NORTHLAND SPECIFICALLY ACKNOWLEDGES AND AGREES THAT OCEAN SPRAY IS NOT BE LIABLE FOR MAKING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED REPRESENTATIONS AND WARRANTIES TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS NORTHLAND RELATING TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as PESTICIDE SCREENING PROGRAMS AS DESCRIBED IN EXHIBIT 1. Notwithstanding anything to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined contrary herein, regardless of whether such patents are dominant the Pesticide Screening Program shall not affect the representation and warranty made by Northland in Section 2.C or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.Section 4.D.