Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWCompany warrants that the Products, THE MANUAL IS PROVIDED ON AN "AS IS" BASISwhen shipped, WITHOUT WARRANTY OF ANY KINDcontain the ingredients in the amounts specified on the labels thereof, AND NIKONsubject to any standard deviations or overages permitted by good manufacturing practices. COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGREGARDING THE PRODUCTS, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, THEIR FITNESS FOR A PARTICULAR PURPOSE ANY PURPOSE, THEIR QUALITY, OR NON- INFRINGEMENTTHEIR MERCHANTABILITY. TO THE MAXIMUM GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL LEGALLY PERMITTED. IN NO EVENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL COMPANY BE LIABLE TO YOU CUSTOMER OR ANY OTHER ENTITY OR PERSON FOR ANY LOST PROFITS OR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKONWHETHER FOR BREACH OF CONTRACT, ITS EMPLOYEESTORT, DISTRIBUTORSSTRICT LIABILITY, DEALERS BREACH OF WARRANTY, NEGLIGENCE, OR AGENTS HAVE OTHERWISE, AND WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, LOSSESIN NO EVENT SHALL COMPANY BE LIABLE FOR THE COST OF PROCUREMENT FROM THIRD PARTIES OF ANY SUBSTITUTE GOODS. TO THE GREATEST EXTENT LEGALLY PERMITTED, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE THE CUMULATIVE LIABILITY OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERCOMPANY FOR ANY AND ALL CLAIMS OR DAMAGES ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR ANY DISTRIBUTOR AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE TOTAL CASH AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT OR OMISSION GIVING RISE TO SUCH LIABILITY. Customer agrees to store or arrange for storage of the Products in suitable conditions, including but not limited to those special storage conditions indicated on the labels, which may require storage in a cool, dry place or refrigerated. In no event will Company accept returns or issue credits for Products deemed to have been stored in unsuitable conditions, whether damage or degradation is caused by excessive heat, humidity, light or other problem.

Warranty and Disclaimer. a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALSOFTWARE, OR THAT THE MANUAL SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUALSOFTWARE, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.

Warranty and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ALL SOFTWARE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “WHERE AS” BASIS AND TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWLAW LUMENVOX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING ANY PRODUCTS AND SERVICES, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ANY SUPPLEMENTS OR NON- INFRINGEMENT. UPDATES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE PRODUCT, NIKONINCLUDING WITHOUT LIMITATION, ITS EMPLOYEESANY (IF ANY) SERVICE PACK OR HOT FIXES PROVIDED TO YOU ARE NOT COVERED BY ANY WARRANTY OR CONDITION, DISTRIBUTORSEXPRESS OR IMPLIED. LUMENVOX' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, DEALERSAT LUMENVOX' OPTION FROM TIME TO TIME, AND AGENTS DO NOT WARRANT (A) RETURN OF THE PERFORMANCE PRICE PAID (IF ANY) FOR, OR (B) REPAIR OR REPLACEMENT OF, THE SOFTWARE PRODUCT THAT IS RETURNED TO LUMENVOX WITH A COPY OF OR YOUR RECEIPT. YOU WILL RECEIVE THE RESULTS REMEDY ELECTED BY LUMENVOX WITHOUT CHARGE, EXCEPT THAT YOU ARE RESPONSIBLE FOR ANY EXPENSES YOU MAY OBTAIN INCUR (E.G., COST OF INTERACTING WITH LUMENVOX, INSTALLATION, ETC.). OUTSIDE THE UNITED STATES OR CANADA, NEITHER THESE REMEDIES NOR ANY PRODUCT SUPPORT SERVICES OFFERED BY LUMENVOX ARE AVAILABLE WITHOUT PROOF OF PURCHASE. LUMENVOX IS NOT RESPONSIBLE IF FAILURE OF THE SOFTWARE PRODUCT HAS RESULTED FROM THE MANUALACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE, OR A VIRUS. THE SOFTWARE PRODUCT MAY NOT BE FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR IN A SCHEDULE ATTACHED TO THIS AGREEMENT, LUMENVOX MAKES NO REPRESENTATION, WARRANTY OR GUARANTY: (1) AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OF THE SOFTWARE, DOCUMENTATION OR GENERATED OUTPUT; (2) THAT THE MANUAL SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA OF YOURS; (4) THAT INSTALLED SOFTWARE WILL BE FREE OF SECURITY FLAWS; OR (5) ANY WARRANTIES RELATED TO THE CERTIFIED PRODUCTS, YOUR SERVICES, OR THE PERFORMANCE, SUFFICIENCY, OR CHARACTERISTICS THEREOF. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. LUMENVOX AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, ALL WITH REGARD TO THE SOFTWARE PRODUCT. NO AGENT OF LUMENVOX IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERTO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF LUMENVOX AS SET FORTH HEREIN.

Warranty and Disclaimer. a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALAPPLICATION, OR THAT THE MANUAL APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUALAPPLICATION, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL APPLICATION IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.

Warranty and Disclaimer. RED OAK WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF DOWNLOAD FROM THE RED OAK WEB SITE. UNDER NO CIRCUMSTANCES WILL THE FOREGOING LIMITED WARRANTY APPLY AS TO ANY FAILURES OF THE SOFTWARE DISCOVERED AFTER THE NINETY (90) DAY PERIOD. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT ANY FAILURE OF THE SOFTWARE RESULTS FROM ACCIDENT, ABUSE, MISAPPLICATION, MISUSE, ABNORMAL USE OR VIRUS. EXCEPT FOR THE LIMITED WARRANTY CONTAINED IN THIS SECTION 7, AND TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, THE MANUAL SOFTWARE IS PROVIDED ON AN "TO YOU “AS IS" BASIS” AND RED OAK AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS LIMITATION THE IMPLIED WARRANTIES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKONNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RED OAK, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOUR SOLE REMEDY, AND RED OAK'S AND ITS LICENSORS ENTIRE LIABILITY, FOR ANY INDIRECTBREACH OF THE LIMITED WARRANTY CONTAINED IN THIS SECTION 7 SHALL BE THAT RED OAK SHALL, CONSEQUENTIAL OR INCIDENTAL DAMAGESAT ITS SOLE OPTION, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION(A) RETURN THE AMOUNT RECEIVED BY RED OAK (IF ANY) FOR THE SOFTWARE UNDER THIS AGREEMENT, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED (B) UPON RETURN OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE TO RED OAK, LOSSES, REPAIR OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE REPLACE THE PORTION OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERSOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY.

Warranty and Disclaimer. Limited Datto Hardware Warranty. Warranty terms for physical hardware Devices are available on an Online Portal. YOU ACKNOWLEDGE THAT THE PRODUCTS, INCLUDING ANY SERVICES, ARE PROVIDED AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASISWE DISCLAIM ALL OTHER PROMISES, WITHOUT WARRANTY OF ANY KIND, REPRESENTATIONS AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KINDWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, DATA SECURITY, QUIET ENJOYMENT, TITLE, AND/OR NON- INFRINGEMENTNON-­‐INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS WE DO NOT WARRANT THAT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALPRODUCTS WILL MEET ANY CONTENT OWNER, ADMINISTRATOR, OR THAT THE MANUAL WILL MEET YOUR USER REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL ANY PRODUCT WILL BE SECURE, UNINTERRUPTED, ERROR-FREEOR ERROR-­‐FREE, FREE OF HARMFUL COMPONENTS OR THAT ALL ERRORS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT’S COMPLIANCE WITH LAWS AND REGULATIONS SPECIFICALLY APPLICABLE TO ANY CONTENT OWNER OR INDUSTRY AND DISCLAIM ALL LIABILITY ASSOCIATED THEREWITH. THE PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER RISKS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR FREE OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WE DISCLAIM ANY DUTIES OF VIRUSESA BAILEE, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A XXXXXX (ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, TRANSMISSION OR SHIPMENT OF CONTENT BY US. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES WE MAKE NO WARRANTY OF ANY KIND, WHETHER LOSS EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY COMPONENTS IN ANY PRODUCTS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF PROFITSMERCHANTABILITY, BUSINESS INTERRUPTIONTITLE, NON-­‐INFRINGEMENT, QUALITY OF INFORMATION, QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE THIRD PARTY COMPONENTS. YOU SHOULD CONSULT THE RESPECTIVE VENDOR OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED MANUFACTURER OF THE POSSIBILITY THIRD PARTY COMPONENT FOR WARRANTY AND PERFORMANCE INFORMATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY RESELLER, ADMINISTRATOR OR OTHER PARTY WILL CREATE ANY ADDITIONAL DATTO WARRANTIES, ABROGATE THE DISCLAIMERS SET FORTH ABOVE OR IN ANY WAY INCREASE THE SCOPE OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEROUR OBLIGATIONS HEREUNDER.

Warranty and Disclaimer. COMPANY AGREES THAT SUBSCRIPTION OF A ROUTING PREFIX OR INTERNET KEYWORD DOES NOT CONFER IMMUNITY FROM OBJECTION TO EITHER THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSUBSCRIPTION OR USE OF THE ROUTING PREFIX OR INTERNET KEYWORD BY THIRD PARTIES, COMPANY ACKNOWLEDGES AND AGREES THAT THE REALNAMES SERVICE AND THE ROUTING PREFIX AND THE INTERNET KEYWORDS) (COLLECTIVELY, THE MANUAL IS "SERVICES") ARE BEING PROVIDED ON AN "AS IS," BASISWITH "ALL FAULTS," AND THAT REALNAMES MAKES NO REPRESENTATIONS OR WARRANTIES, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOAND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS AFFILIATED PARTIES, ANY IMPLIED WARRANTY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF MERCHANTABILITYSUCH SERVICES OR THAT ANY OF SUCH SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR WILL MEET THE NEEDS OF ANY PARTY OR THAT THE ROUTING PREFIXES OR INTERNET KEYWORDS SUBSCRIBED UNDER THIS AGREEMENT WILL BE ACCESSIBLE THROUGH ANY PARTICULAR BROWSER, SEARCH ENGINE OR OTHER METHOD OF DISTRIBUTION. WITHOUT LIMITING THE FOREGOING, REALNAMES DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTPURPOSE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL IN NO EVENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL REALNAMES BE LIABLE TO YOU THE COMPANY FOR ANY INDIRECTFAILURE, CONSEQUENTIAL DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OTHER NON PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERREALNAMES SERVICE.

Warranty and Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF XXXXXX PLAY APP IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, AND TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, THE MANUAL IS XXXXXX PLAY APP, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY . WE DISCLAIM ANY WARRANTY ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR EXPRESS, IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTPURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD- PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS WE DO NOT WARRANT THE PERFORMANCE THAT YOUR USE OF XXXXXX PLAY APP WILL BE UNINTERRUPTED OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALERROR FREE, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS XXXXXX PLAY APP OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR ITS SERVERS ARE FREE OF VIRUSESVIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ACCURACY OR RELIABILITY OF INFORMATION IN XXXXXX PLAY APP. NEITHER NIKON, THE COMPANY NOR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS AFFILIATED OR AGENTS RELATED ENTITIES OR VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU ANY PERSON OR ENTITY FOR ANY INDIRECTDIRECT OR INDIRECT LOSS, CONSEQUENTIAL DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGESOTHERWISE), LOSSES ORINJURY, EXPENSES CLAIM, OR LIABILITY OF ANY KINDKIND OR CHARACTER WHATSOEVER, WHETHER LOSS REGARDLESS OF PROFITSTHE THEORY OF LIABILITY (CONTRACT, BUSINESS INTERRUPTIONTORT, OR OTHERWISE ARISING OUT OF OTHERWISE), BASED UPON OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS YOUR USE OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESINABILITY TO USE MUBERT PLAY APP, OR EXPENSESANY INFORMATION OR MATERIALS PROVIDED VIA MUBERT PLAY APP. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART IF YOU ARE DISSATISFIED WITH XXXXXX PLAY APP OR ANY OF THIS AGREEMENT ITS MATERIALS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND NO USE OF THE MANUAL EXCLUSIVE REMEDY IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERTO DISCONTINUE USING MUBERT PLAY APP.

Warranty and Disclaimer. PUBLISHER WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWDATE OF PURCHASE AS EVIDENCED BY A COPY OF THE SALES RECEIPT OR PACKING SLIP. PUBLISHER's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE REPLACEMENT OF THE DEFECTIVE MEDIA OR REFUND OF THE PURCHASE PRICE (AT PUBLISHER's ELECTION) UPON RETURN OF THE SOFTWARE TO PUBLISHER WITH A COPY OF YOUR PROOF OF PURCHASE. PUBLISHER WILL HAVE NO RESPONSIBILITY TO REPLACE ANY MEDIA DAMAGED BY ACCIDENT, ABUSE OR MISAPPLICATION. ANY IMPLIED WARRANTIES AND/OR CONDITIONS ON THE MANUAL MEDIA, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OR DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT WARRANTY WARRANTIES AND/OR CONDITIONS OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, KIND EITHER EXPRESS OR IMPLIED. PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTPURPOSE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO PUBLISHER DOES NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT FUNCTIONS CONTAINED IN THE OPERATION OF THE MANUAL SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSESTHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. TO FURTHERMORE, PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS USE OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED RESULTS OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER SOFTWARE AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE LIMITATIONS OF LIABILITIES DESCRIBED IN THIS DISCLAIMERSECTION ALSO APPLY TO THE THIRD PARTY SUPPLIERS OF MATERIALS USED IN THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE BY PUBLISHER OR AN AUTHORISED REPRESENTATIVE OF PUBLISHER SHALL CREATE WARRANTIES AND/OR CONDITIONS OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. YOU (AND NOT PUBLISHER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Warranty and Disclaimer. SELLER WARRANTS TO BUYER THAT ANY PRODUCTS SOLD HEREUNDER WILL BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS UNDER NORMAL CONDITIONS OF USE FOR SIX (6) MONTHS FROM THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DATE OF DELIVERY TO BUYER. THIS WARRANTY WILL SURVIVE ACCEPTANCE OF THE MANUAL PRODUCTS. THE FOREGOING WARRANTY IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY IN LIEU OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXCLUDES ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIEDIMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. SELLER'S LIABILITY AND BUYER'S SOLE REMEDY HEREUNDER FOR A BREACH OF WARRANTY IS EXPRESSLY LIMITED, AT SELLER'S ELECTION, TO REPAIR OR REPLACEMENT (IN THE FORM ORIGINALLY SHIPPED) OF PRODUCTS NOT COMPLYING WITH THIS AGREEMENT, OR TO THE REPAYMENT OF, OR CREDITING BUYER WITH, AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH PRODUCTS. ANY CLAIM BY BUYER WITH REFERENCE TO THE PRODUCTS SOLD HEREUNDER FOR ANY CAUSE SHALL BE DEEMED WAIVED BY BUYER UNLESS SUBMITTED TO SELLER IN WRITING WITHIN NINETY (90) DAYS FROM THE DATE BUYER DISCOVERED, OR SHOULD HAVE DISCOVERED, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERCLAIMED BREACH.

Warranty and Disclaimer. Slingshot shall use reasonable efforts consistent with prevailing industry standards to perform the Services in a professional and workmanlike manner. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE ALLOWED BY LAW, THE MANUAL IS PROVIDED ON AN "EXCEPT AS IS" BASISOTHERWISE UNAMBIGUOUSLY AND EXPRESSLY SET FORTH IN THIS AGREEMENT, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER SLINGSHOT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT IN RELATION TO OR NON- INFRINGEMENT. ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, AS TO ANY OF THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSERVICES, NIKONTHE DASHBOARD, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM SLINGSHOT IP. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT THE MANUALSERVICES ARE PROVIDED “AS IS”. SLINGSHOT DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE WILL CORRECT ALL SERVICE ERRORS, (B) ANY SOFTWARE THAT MAY BE USED AS PART OF THE MANUAL SERVICE WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY US, AND (C) THE SERVICE WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. COMPANY ACKNOWLEDGES THAT SLINGSHOT DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. SLINGSHOT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SLINGSHOT IS NOT RESPONSIBLE FOR ANY ERRORS OR ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE MANUAL WILL BE UNINTERRUPTEDSERVICES THAT ARISE FROM YOUR CONTENT, ERROR-FREEYOUR APPLICATIONS, THIRD- PARTY APPLICATIONS, OR FREE THIRD-PARTY CONTENT. FOR ANY BREACH OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWWARRANTY, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS COMPANY’S EXCLUSIVE REMEDY AND SLINGSHOT’S ENTIRE LIABILITY SHALL BE LIABLE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY. IF SLINGSHOT CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, COMPANY OR SLINGSHOT MAY TERMINATE THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERTERMINATION.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWTSRI hereby represents and warrants that it has full right and power to enter into this Agreement. TSRI MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISTECHNOLOGY, RESEARCH TOOLS, BIOLOGICAL MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT WARRANTY OF LIMITATION, ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR NON- INFRINGEMENTARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE VALIDITY OR SCOPE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALPATENT RIGHTS, OR THAT THE MANUAL ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL MEET YOUR REQUIREMENTS BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDPATENT RIGHTS, ERROR-FREE, RESEARCH TOOLS OR FREE OF VIRUSESBIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS IN NO EVENT SHALL TSRI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR INCIDENTAL DAMAGESDAMAGES (INCLUDING, LOSSES ORWITHOUT LIMITATION, EXPENSES OF ANY KIND, WHETHER DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONPROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR OTHERWISE FOR INJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR RESULTING FROM IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE MANUALAMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, HOWEVER CAUSEDWHETHER BASED ON CONTRACT, EVEN IF NIKONTORT (INCLUDING, ITS EMPLOYEESBUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), DISTRIBUTORSOR ANY OTHER GROUNDS, DEALERS OR AGENTS HAVE AND REGARDLESS OF WHETHER TSRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESAND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OTHER LIMITATION OF THIS AGREEMENT LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND NO USE INDEPENDENT OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEROTHER PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES.

Warranty and Disclaimer. TO TSRI hereby represents and warrants that it has full right and power to enter into this Agreement. TSRI MAKES NO OTHER WARRANTIES CONCERNING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWCONDUCT OR RESULTS OF THE RESEARCH PROGRAM, THE MANUAL IS PROVIDED ON AN "AS IS" BASISPATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS, BIOLOGICAL MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT WARRANTY OF LIMITATION, ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR NON- INFRINGEMENTARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE VALIDITY OR SCOPE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALPATENT RIGHTS, OR THAT THE MANUAL ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL MEET YOUR REQUIREMENTS BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDPATENT RIGHTS, ERROR-FREE, RESEARCH TOOLS OR FREE OF VIRUSESBIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS IN NO EVENT SHALL TSRI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR INCIDENTAL DAMAGESDAMAGES (INCLUDING, LOSSES ORWITHOUT LIMITATION, EXPENSES OF ANY KIND, WHETHER DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONPROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR OTHERWISE FOR INJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR RESULTING FROM IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE MANUALAMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, HOWEVER CAUSEDWHETHER BASED ON CONTRACT, EVEN IF NIKONTORT (INCLUDING, ITS EMPLOYEESBUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), DISTRIBUTORSOR ANY OTHER GROUNDS, DEALERS OR AGENTS HAVE AND REGARDLESS OF WHETHER TSRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESAND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR EXPENSESOTHER LIMITATION OF LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND INDEPENDENT OF THE OTHER PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF NOTHING IN THIS AGREEMENT AND NO USE SHALL LIMIT OR EXCLUDE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, PERSONAL INJURY OR DEATH CAUSED BY GROSS NEGLIGENCE OR ANY MATTER WHICH CANNOT, AS A MATTER OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERLAW CANNOT BE LIMITED OR EXCLUDED.

Warranty and Disclaimer. WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE JAIYE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE JAIYE SERVICE AT YOUR OWN RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER BY APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, XXXXX MAKES NO REPRESENTATIONS AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY WARRANTIES OR CONDITIONS OF ANY KINDSATISFACTORY QUALITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON- NON-INFRINGEMENT. LIMITATION OF LIABILITY YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE JAIYE SERVICE IS TO UNINSTALL ANY JAIYE SOFTWARE AND TO STOP USING THE JAIYE SERVICE. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE BY LAW, NIKONIN NO EVENT XXXX XXXXX, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORSAGENTS, DEALERSDIRECTORS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALSUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL LICENSORS BE LIABLE TO YOU FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ; (2) ANY KIND, WHETHER LOSS OF PROFITSUSE, BUSINESS INTERRUPTIONDATA, BUSINESS, OR OTHERWISE PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR RESULTING FROM INABILITY TO USE THE MANUALJAIYE SERVICE, HOWEVER CAUSEDREGARDLESS OF LEGAL THEORY, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE WITHOUT REGARD TO WHETHER XXXXX HAS BEEN ADVISED WARNED OF THE POSSIBILITY OF SUCH THOSE DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.PURPOSE; OR

Warranty and Disclaimer. 9.1 LICENSOR, THE FORMAT OWNERS AND THE LOGO OWNER MAKE NO REPRESENTATION OR WARRANTY AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWVALUE OR UTILITY OF THE INFORMATION TO BE SUPPLIED TO LICENSEE OR ITS AFFILIATES PURSUANT TO THIS AGREEMENT, SUCH AS BUT NOT LIMITED TO THE DVD FORMAT BOOKS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISDVD LOGO MANUAL, WITHOUT AND TECHNICAL INFORMATION AND SUPPORT, IF ANY, OR THE ABILITY OF LICENSEE OR ITS AFFILIATES TO MAKE USE THEREOF TO SECURE INTERCHANGEABILITY WITH OTHER DVD PRODUCTS. LICENSOR, FORMAT OWNERS, AND LOGO OWNER MAKE NO WARRANTY WHATSOEVER THAT THE USE OF INFORMATION SUPPLIED BY LICENSOR DOES NOT INFRINGE OR WILL NOT CAUSE INFRINGEMENT OF ANY KINDINTELLECTUAL PROPERTY RIGHT OWNED OR CONTROLLED BY ANY PERSON. LICENSEE UNDERSTANDS AND AGREES THAT THE LICENSOR, FORMAT OWNERS AND NIKONLOGO OWNER MAKE NO WARRANTY WHATSOEVER THAT ANY MANUFACTURE, ITS EMPLOYEESUSE, DISTRIBUTORSSALE, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY LEASE OR OTHER DISPOSAL OF LICENSED PRODUCTS WILL BE FREE FROM INFRINGEMENT OF ANY KINDTHIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IT IS EXPLICITLY UNDERSTOOD BY LICENSEE THAT LICENSOR AND FORMAT OWNERS CLAIM TO HAVE ISSUED OR PROSPECTIVE PATENTS PERTINENT TO THE LICENSED PRODUCTS, EITHER EXPRESS WHICH PATENTS ARE NOT LICENSED HEREUNDER. LICENSOR, FORMAT OWNERS AND LOGO OWNER MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, ANY AND EXPRESSLY DISCLAIM IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO AND ANY EQUIVALENTS UNDER THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES LAWS OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, JURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. INFORMATION DISCLOSURES RELATING TO THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERAGREEMENT.

Warranty and Disclaimer. 8.1 LICENSOR, OTHER FORMAT OWNERS AND LOGO OWNER MAKE NO REPRESENTATION OR WARRANTY AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWVALUE OR UTILITY OF THE INFORMATION TO BE SUPPLIED TO LICENSEE PURSUANT TO THIS AGREEMENT, SUCH AS BUT NOT LIMITED TO THE DVD FORMAT BOOKS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISDVD GRAPHICS STANDARDS MANUAL, WITHOUT AND TECHNICAL INFORMATION AND SUPPORT, IF ANY, OR THE ABILITY OF LICENSEE TO MAKE USE THEREOF TO SECURE INTERCHANGEABILITY WITH OTHER DVD PRODUCTS. LICENSOR, OTHER FORMAT OWNERS AND LOGO OWNER MAKE NO WARRANTY WHATSOEVER THAT THE USE OF INFORMATION SUPPLIED BY LICENSOR DOES NOT INFRINGE OR WILL NOT CAUSE INFRINGEMENT OF ANY KINDINTELLECTUAL PROPERTY RIGHT OWNED OR CONTROLLED BY ANY PERSON. LICENSEE UNDERSTANDS AND AGREES THAT THE LICENSOR, OTHER FORMAT OWNERS AND NIKONLOGO OWNER MAKE NO WARRANTY WHATSOEVER THAT ANY MANUFACTURE, ITS EMPLOYEESUSE, DISTRIBUTORSSALE, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY LEASE OR OTHER DISPOSAL OF LICENSED PRODUCTS WILL BE FREE FROM INFRINGEMENT OF ANY KINDTHIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IT IS EXPLICITLY UNDERSTOOD BY LICENSEE THAT LICENSOR AND OTHER FORMAT OWNERS CLAIM TO HAVE ISSUED OR PROSPECTIVE PATENTS PERTINENT TO THE LICENSED PRODUCTS, EITHER EXPRESS WHICH PATENTS ARE NOT LICENSED HEREUNDER. LICENSOR, OTHER FORMAT OWNERS AND LOGO OWNER MAKE NO REPRESENTATION AND WARRANTY, EXPRESSED OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, ANY AND EXPRESSLY DISCLAIM IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO AND ANY EQUIVALENTS UNDER THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES LAWS OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, JURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. INFORMATION DISCLOSURES RELATING TO THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERAGREEMENT.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWHCA LICENSED MATERIALS, THE MANUAL IS AND ANY OTHER DOCUMENTATION, MATERIALS AND/OR DATA PROVIDED ON AN "BY LICENSOR ARE PROVIDED “AS IS" BASIS, WITHOUT WARRANTY ” AND “WITH ALL FAULTS,” AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDKIND OR NATURE, AND NIKONWHETHER EXPRESS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, WORKMANSHIP, SUITABLIITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON- INFRINGEMENTTHE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. TO NO WARRANTY IS MADE BY LICENSOR ON THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWBASIS OF TRADE USAGE, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO COURSE OF DEALING OR COURSE OF TRADE. LICENSOR DOES NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL HCA LICENSED MATERIALS OR ANY OTHER INFORMATION, MATERIALS, DOCUMENTATION OR TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL THEREOF WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSESTHAT ALL ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED LICENSEE ACKNOWLEDGES THAT LICENSOR’S OBLIGATIONS UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERARE FOR LICENSEE’S BENEFIT ONLY. Licensor makes no warranty associated with the use of the HCA Licensed Materials to change any clinical outcome.

Warranty and Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, DATAMACAW PROVIDES THE MANUAL IS PROVIDED ON AN "AS SOFTWARE “AS-IS" BASIS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WITHOUT WARRANTY OF ANY KINDWHETHER EXPRESS, AND NIKONIMPLIED, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWPURPOSE, NIKONTITLE, ITS EMPLOYEES, DISTRIBUTORS, DEALERSACCURACY, AND AGENTS DO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. DATAMACAW DOES NOT WARRANT THE PERFORMANCE OF OR THE GUARANTEE ANY SPECIFIC RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT USE OF THE MANUAL WILL MEET YOUR REQUIREMENTS OR SOFTWARE. DATAMACAW MAKES NO WARRANTY THAT THE OPERATION OF THE MANUAL SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR FREE OF VIRUSESTHAT ALL DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED. TO YOU MUST DETERMINE WHETHER THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY, NEITHER NIKONPERFORMANCE, NOR ITS EMPLOYEESAND UNINTERRUPTIBILITY. YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR, DISTRIBUTORSAND DATAMACAW DISCLAIMS, DEALERS ANY AND ALL LOSS, LIABILITY, OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES ORINCLUDING TO YOUR DATA, EXPENSES OF ANY KINDSERVICES, WHETHER LOSS OF PROFITSBUSINESS, BUSINESS INTERRUPTIONREVENUES, OR OTHERWISE ARISING OUT OF OR PROFITS RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO YOUR USE OF THE MANUAL IS AUTHORIZED EXCEPT SOFTWARE. IN PARTICULAR, DATAMACAW WILL NOT, UNDER THIS DISCLAIMERANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. You are advised to use redundant and backup storage systems and to have a viable plan in place with said systems ("Disaster Recovery Plan") for the potential loss, corruption, overwrite, misplacement and/or any other possible variance of a data loss scenario including but not limited to computing resources errors or failures, Software errors or failures, you, your employee or designated operator errors or failures, and/or any other network or environmental factors on or around the Software. Further, due to the continual development of new techniques for intruding upon and attacking networks, DataMacaw does not warrant that the Software or any computing resources on which the Software is Used will be free of vulnerability to intrusion, virus attack or hacker attacks. The Software is not designed or intended for Use in activities requiring fail-safe performance, including, but not limited to, medical, nuclear, aviation, navigation, military, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High-Risk Activities") and you may not Use the Software for any such purposes. DataMacaw and its licensors expressly (a) disclaim any express or implied warranty of fitness and (b) disclaim and are released from any responsibility or liability for any and all damages that may be incurred due to the Use of the Software in such High-Risk Activities.

Warranty and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ALL SOFTWARE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “WHERE AS” BASIS AND TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWLAW LUMENVOX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING ANY PRODUCTS AND SERVICES, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ANY SUPPLEMENTS OR NON- INFRINGEMENT. UPDATES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE PRODUCT, NIKONINCLUDING WITHOUT LIMITATION, ITS EMPLOYEESANY (IF ANY) SERVICE PACK OR HOT FIXES PROVIDED TO YOU ARE NOT COVERED BY ANY WARRANTY OR CONDITION, DISTRIBUTORSEXPRESS OR IMPLIED. LUMENVOX'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, DEALERSAT LUMENVOX'S OPTION FROM TIME TO TIME, AND AGENTS DO NOT WARRANT (A) RETURN OF THE PERFORMANCE PRICE PAID (IF ANY) FOR, OR (B) REPAIR OR REPLACEMENT OF, THE SOFTWARE PRODUCT THAT IS RETURNED TO LUMENVOX WITH A COPY OF OR YOUR RECEIPT. YOU WILL RECEIVE THE RESULTS REMEDY ELECTED BY LUMENVOX WITHOUT CHARGE, EXCEPT THAT YOU ARE RESPONSIBLE FOR ANY EXPENSES YOU MAY OBTAIN INCUR (E.G., COST OF INTERACTING WITH LUMENVOX, INSTALLATION, ETC.). OUTSIDE THE UNITED STATES OR CANADA, NEITHER THESE REMEDIES NOR ANY PRODUCT SUPPORT SERVICES OFFERED BY LUMENVOX ARE AVAILABLE WITHOUT PROOF OF PURCHASE. LUMENVOX IS NOT RESPONSIBLE IF FAILURE OF THE SOFTWARE PRODUCT HAS RESULTED FROM THE MANUALACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE, OR A VIRUS. THE SOFTWARE PRODUCT MAY NOT BE FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR IN A SCHEDULE ATTACHED TO THIS AGREEMENT, LUMENVOX MAKES NO REPRESENTATION, WARRANTY OR GUARANTY: (1) AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OF THE SOFTWARE, DOCUMENTATION OR GENERATED OUTPUT; (2) THAT THE MANUAL SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA OF YOURS; (4) THAT INSTALLED SOFTWARE WILL BE FREE OF SECURITY FLAWS; OR (5) ANY WARRANTIES RELATED TO THE CERTIFIED PRODUCTS, YOUR SERVICES, OR THE PERFORMANCE, SUFFICIENCY, OR CHARACTERISTICS THEREOF. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. LUMENVOX AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, ALL WITH REGARD TO THE SOFTWARE PRODUCT. NO AGENT OF LUMENVOX IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERTO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF LUMENVOX AS SET FORTH HEREIN.

Warranty and Disclaimer. TO YOU AGREE THAT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE IS A TRIAL VERSION OF THE “SPONTANIA” DIALCOM SOFTWARE, AND THAT THE SOFTWARE CAN CONTAIN SOME BUGS, MALFUNCTIONS OR OTHER DEFECTS. DIALCOM SHALL NOT BE HELD LIABLE FOR ANY BUGS, MALFUNCTIONS OR OTHER DEFECTS CONTAINED IN, OR CAUSED BY YOUR USE OF, THE MANUAL SOFTWARE. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT BASIS AND DIALCOM MAKES NO WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. DIALCOM MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR NON- INFRINGEMENTFREE FROM INTERRUPTIONS OR OTHER FAILURES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE, NIKONALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY (AS EVIDENCE BY A COPY OF YOUR DOWNLOADING). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIALCOM, ITS EMPLOYEESDEALERS, DISTRIBUTORS, DEALERSAGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. THE THIRD PARTY SOFTWARE INCLUDED IN THE SOFTWARE, IF ANY, MAY ALSO CONTAINS LIMITATIONS OF WARRANTY AND AGENTS DO NOT WARRANT DISCLAIMERS. THESE LIMITATIONS OF WARRANTY OR DISCLAIMERS ARE CONTAINED IN THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION “ABOUT” PAGES OF THE MANUAL WILL BE UNINTERRUPTEDSOFTWARE AND ARE MADE A PART OF AND INCORPORATED BY REFERENCE INTO THIS XXXX. BY ACCEPTING THIS XXXX, ERROR-FREE, OR FREE OF VIRUSES. YOU ARE ALSO AGREEING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLIMITATIONS OF WARRANTY AND THE DISCLAIMERS, NEITHER NIKONIF ANY, NOR ITS EMPLOYEESSET FORTH THEREIN. PLEASE REVIEW THE “ABOUT” PAGES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERAVAILABLE BY CLICKING here.

Warranty and Disclaimer. SUBJECT TO THE QUALIFICATIONS AND LIMITATIONS CONTAINED HEREIN, THE COMPANY WARRANTS THAT THE SERVICES WILL, IN ALL MATERIAL RESPECTS, CONFORM TO THE DESCRIPTION OF SERVICES PROVIDED IN THE SERVICES PORTFOLIO. EXCEPT AS SET EXPRESSLY FORTH IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW THE COMPANY MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR PARTICULAR PURPOSE, NON- INFRINGEMENT OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. MAINTENANCE AND SYSTEM REPAIRS, UPGRADES AND RECONFIGURATIONS MAY TEMPORARILY IMPAIR SERVICES. THE MANUAL FOREGOING WARRANTY IS PROVIDED ON AN "AS IS" BASISIN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS EXPRESS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, TITLE AND NON-INFRINGEMENT. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT ALTHOUGH COMPANY USES COMMERCIALLY REASONABLE EFFORTS TO IMPLEMENT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSERVICES TO PROTECT CUSTOMERS DATA, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO COMPANY DOES NOT WARRANT THE PERFORMANCE OF PROVIDE OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERGUARANTEE ABSOLUTE SECURITY.

Warranty and Disclaimer. TO TSRI hereby represents and warrants that it has full right and power to enter into this Agreement. TSRI MAKES NO OTHER WARRANTIES CONCERNING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWCONDUCT OR RESULTS OF THE RESEARCH PROGRAM, THE MANUAL IS PROVIDED ON AN "AS IS" BASISPATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS, BIOLOGICAL MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT WARRANTY OF LIMITATION, ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR NON- INFRINGEMENTARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE VALIDITY OR SCOPE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALPATENT RIGHTS, OR THAT THE MANUAL ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL MEET YOUR REQUIREMENTS BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDPATENT RIGHTS, ERROR-FREE, RESEARCH TOOLS OR FREE OF VIRUSESBIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS IN NO EVENT SHALL TSRI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR INCIDENTAL DAMAGESDAMAGES (INCLUDING, LOSSES ORWITHOUT LIMITATION, EXPENSES OF ANY KIND, WHETHER DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONPROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR OTHERWISE FOR INJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR RESULTING FROM IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE MANUALAMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, HOWEVER CAUSEDWHETHER BASED ON CONTRACT, EVEN IF NIKONTORT (INCLUDING, ITS EMPLOYEESBUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), DISTRIBUTORSOR ANY OTHER GROUNDS, DEALERS OR AGENTS HAVE AND REGARDLESS OF WHETHER TSRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESAND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OTHER LIMITATION OF THIS AGREEMENT LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND NO USE INDEPENDENT OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEROTHER PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES.