Common use of Warranty and Limitation of Liability Clause in Contracts

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that: 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENT. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR

Warranty and Limitation of Liability. 6.1 6.1. Licensee expressly acknowledges and agrees that: 6.1.1 6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 6.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE Nutrient Low-Code Products 6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 6.5. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 6.6. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 7.1 Licensee expressly acknowledges and agrees that: 6.1.1 7.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 7.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 7.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 7.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 7.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS; 6.2.2 7.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 7.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 7.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 7.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 7.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology, except the necessity of purchasing appropriate licenses of the "iOS SDK" software from Apple Inc. or "Android SDK" software from Google Inc. as described in Section 3.1. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 7.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included may be accessed via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/acknowledgements/. In order to fulfill the various open source licenses included in these license agreements Licensee is obliged to make available the information regarding third party products and the appropriate licenses included which is accessible via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/acknowledgements/ to Licensee's end users by including it into Licensee's end user license agreements. 7.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatever with respect to manufacture, use, sale, or other disposition by Licensee of products made with or derived from methods employed with Licensed Technology. 7.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 7.1. Licensee expressly acknowledges and agrees that: 6.1.1 7.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 7.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 7.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 7.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 7.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 7.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 7.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 7.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 7.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (Ii) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (ii) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 7.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 7.5. The Licensed Technology uses a number of third-party libraries and technologies according to specific license agreements (“Acknowledgments”) which ship within the ▇▇▇▇▇▇▇▇▇.▇▇▇ Products. 7.6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 7.7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that: 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 6.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 6.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included are accessible via ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/acknowledgements. 6.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 6.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that: 6.1.1 LICENSED 3.1 LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SCRIPPS TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIESOR PATENT RIGHTS, ENDORSEMENTS, GUARANTEES, CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIEDANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY CONDITIONSEXPRESS, ENDORSEMENTSIMPLIED, GUARANTEES, REPRESENTATIONS OR STATUTORY WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY, OR ARISING FROM A STATUTE OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENT. 6.2 IN PARTICULARUSAGE, AND WITHOUT LIMITING THE FOREGOINGLICENSOR DISCLAIMS ALL SUCH EXPRESS, IMPLIED, OR STATUTORY WARRANTIES. LICENSOR MAKES NO WARRANTY THAT: 6.2.1 OR REPRESENTATION AS TO THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THE PATENT RIGHTS OR THE SCRIPPS TECHNOLOGY, OR THAT ANY LICENSED TECHNOLOGY PRODUCT, LICENSED PROCESS, PATENT RIGHTS, OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 LICENSED SCRIPPS TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECUREFREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR FREE OF DEFICIEN- CIES THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS OR SCRIPPS TECHNOLOGY COVERED BY THIS AGREEMENT. FURTHER, LICENSOR HAS MADE NO INVESTIGATION AND INTERRUPTIONS MAKES NO REPRESENTATION OR WORK ACCURATELY; 6.2.3 WARRANTY THAT THE RELEVANT LICENSED PATENT RIGHTS OR THE SCRIPPS TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTEDARE SUITABLE FOR LICENSEE’S PURPOSES. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR 3.2 IN NO EVENT SHALL NOT EITHER PARTY BE LIABLE FOR ANY DIRECTINDIRECT, IN- DIRECTSPECIAL, INCIDENTAL, SPECIALEXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOST PROFITS OR EXPECTED SAVINGS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, CONSEQUENTIAL EXCEPT WITH RESPECT TO LICENSEE’S INDEMNITY OBLIGATIONS UNDER SECTION 11. LICENSOR’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OR EXEMPLARY DAMAGESOTHER RELIEF OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, INCLUDING WHETHER BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TOTO NEGLIGENCE OR STRICT LIABILITY), DAMAGES FOR LOSS OR ANY OTHER GROUNDS, AND REGARDLESS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING OUT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR RESULTING FROM OTHER LIMITATION OF LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND INDEPENDENT OF THE USE OR OTHER PROVISIONS BECAUSE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE INABILITY TO USE LICENSED TECHNOLOGY ORPARTIES.

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that: 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS; 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 6.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology, except the necessity of purchasing appropriate licenses of the "iOS SDK" software from Apple Inc. or "Android SDK" software from Google Inc. as described in Section 3.1. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 6.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included may be accessed via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/acknowledgements/. 6.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 6.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 i. Licensee expressly acknowledges and agrees that: 6.1.1 a. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 b. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 ii. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 a. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 b. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 c. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 d. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 iii. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. iv. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. v. The Licensed Technology uses a number of third-party libraries and technologies according to specific license agreements. These third party products and the appropriate licenses included are accessible via ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/hc/en-us/articles/115007611927-3rd-Party-Open-Source-Licenses. vi. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. vii. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 7.1. Licensee expressly acknowledges and agrees that: 6.1.1 7.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 7.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ▇.▇.▇. ▇▇ ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 7.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 7.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 7.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 7.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 7.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 7.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 7.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 7.5. The Licensed Technology uses a number of third-party libraries and technologies according to specific license agreements. These third party products and the appropriate licenses included are accessible via ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/hc/en-us/articles/115007611927-3rd-Party-Open-Source-Licenses. 7.6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 7.7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that: 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PUR- POSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENT. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS; 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR

Warranty and Limitation of Liability. 6.1 6.1. Licensee expressly acknowledges and agrees that: 6.1.1 6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 6.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 6.5. Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included are accessible via: ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/acknowledgements. 6.6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no 6.7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 6.1. Licensee expressly acknowledges and agrees that: 6.1.1 6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 6.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF Nutrient Software Development Kits 6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 6.5. The Licensed Technology uses a number of third-party libraries and technologies according to specific license agreements (“Acknowledgments”) which ship within the Nutrient Products.. A list of third-party acknowledgements is available at ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇/acknowledgements. In the case of Nutrient .NET SDK and Nutrient DocuVieware, Acknowledgements are provided by means of a text file within the relevant installer package. 6.6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 6.7. THE POSSIBILITY OF SUCH DAMAGES)FOREGOING LIMITATIONS, (I) ARIS- ING OUT OF OR RESULTING FROM EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY ORMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that: 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENT. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY 8.1 KHB-Soft WARRANTS ONLY THAT: 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY 8.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONSLICENCES GRANTED HEREUNDER; 6.2.2 LICENSED TECHNOLOGY 8.1.2 IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES AVAILABLE AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 UPDATED FOR A REASONABLE PERIOD FROM THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTEDDATE ON WHICH YOU PURCHASED THE GAME. 6.3 LICENSEE EXPRESSLY UNDERSTANDS 8.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ▇▇▇▇ AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS LAW: 8.2.1 THE FOREGOING WARRANTIES SET OUT ABOVE DEFINE IN FULL THE EXTENT OF KHB-Soft’S LIABILITY, WARRANTIES AND REGULATIONSYOUR REMEDIES AND KHB-Soft ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF THOSE WARRANTIES SUBJECT AS SET OUT IN THIS ▇▇▇▇; 8.2.2 KHB-Soft AND ITS LICENSORS LIABILITY WILL BE LIMITED TO THE FEE PAID BY YOU FOR THE RIGHT TO USE THE GAME; 8.2.3 KHB-Soft EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT FRAUDULENT REPRESENTATIONS), LICENSOR SHALL WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT; 8.2.4 KHB-Soft AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY DIRECTCONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, IN- DIRECTERRORS OR DEFICIENCIES IN IT, INCIDENTALDAMAGE TO PROPERTY, SPECIALLOST DATA, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USECOMPUTER FAILURE OR MALFUNCTION, DATA LOSS OF BUSINESS, LOSS OF INFORMATION OR OTHER INTANGIBLE LOSSES (LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF LICENSOR IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING OUT OF OR RESULTING FROM LOSS; 8.2.5 THE GAME IS NOT FOR COMMERCIAL USE OR USE IN A COMMERCIAL ENVIRONMENT AND KHB-Soft AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS; 8.2.6 KHB-Soft AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE INABILITY TO GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY KHB-Soft OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT; 8.2.7 THE GAME IS PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; 8.2.8 KHB-Soft DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED; 8.2.9 YOU INSTALL AND USE LICENSED TECHNOLOGY ORTHE GAME AT YOUR OWN RISK. 8.3 THIS ▇▇▇▇ SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY KHB-Soft’S NEGLIGENCE.

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that: 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "5.1. OTHER THAN AS IS" AND "AS AVAILABLE" BASIS AND THE USE EXPRESSLY SET FORTH HEREIN, 77 VISIONS MAKES NO REPRESENTATION OR WARRANTY OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIESANY KIND, ENDORSEMENTS, GUARANTEES, CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, REGARDING (I) THE LICENSED MATERIAL, (II) CAPTION INFORMATION ACCOMPANYING LICENSED MATERIAL, (III) THIRD-PARTY DIGITAL DELIVERY SYSTEMS, (IV) THE AVAILABILITY OR USEOPERATION OF THE DIGITAL ARCHIVE WHETHER ACCESSED VIA THE INTERNET OR OTHERWISE OR (V) THE AVAILABILTY OR OPERATION OF EQUIPMENT, SOFTWARE OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED SERVICE PROVIDED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENT. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR THIRD PARTIES. 77 VISIONS SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECTGENERAL, IN- DIRECTPUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOST PROFITS OR OTHER INTANGIBLE LOSSES (DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF LICENSOR 77 VISIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING OUT . SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR RESULTING FROM LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. 5.2. THE USE REPRESENTATIONS AND WARRANTIES MADE BY 77 VISIONS IN THIS AGREEMENT APPLY ONLY TO THE LICENSED MATERIAL AS DELIVERED BY 77 VISIONS AND WILL BE INVALID IF THE LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR THE INABILITY TO USE LICENSED TECHNOLOGY ORIF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.

Warranty and Limitation of Liability. 6.1 6.1. Licensee expressly acknowledges and agrees that: 6.1.1 6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 6.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2 6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. Nutrient Workflow Products 6.5. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 6.6. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 7.1 Licensee expressly acknowledges and agrees that: 6.1.1 7.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "„AS IS" “ AND "„AS AVAILABLE" “ BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S LICENSEE‘S SOLE RISK; 6.1.2 7.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS REPRE- SENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTAB- LE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 7.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 7.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 7.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS; 6.2.2 7.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 7.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALSMA- NUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 7.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 7.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT EX- TENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 7.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology, except the necessity of purchasing appropriate licenses of the „iOS SDK“ software from Apple Inc. or „Android SDK“ soft- ▇▇▇▇ from Google Inc. as described in Section 3.1. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 7.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party pro- ducts and the appropriate licenses included may be accessed via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/ack- nowledgements/. In order to fulfill the various open source licenses included in these license agreements Licensee is obliged to make available the information regarding third party products and the appropriate licenses included which is accessible via http:// ▇▇▇▇▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇/ to Licensee‘s end users by including it into Licensee‘s end user license agreements. 7.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no repre- sentations or warranties of any kind, either express or implied, and assumes no responsi- bilities whatever with respect to manufacture, use, sale, or other disposition by Licensee of products made with or derived from methods employed with Licensed Technology. 7.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that5.1 IQ CLASH WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT: 6.1.1 LICENSED TECHNOLOGY 5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND 5.1.2 THE GAMES (INCLUDING WITHOUT LIMITATION ANY VIRTUAL ITEMS THEREIN) WILL BE OF SATISFACTORY QUALITY. 5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ▇▇▇▇ AND TO THE MAXIMUM EXTENT PERMITTED BY LAW: 5.2.1 THE GAMES (INCLUDING WITHOUT LIMITATION VIRTUAL ITEMS THEREIN), ARE PROVIDED ON AN "AS IS" AND "“AS AVAILABLE" ” BASIS AND THE USE WITHOUT WARRANTY OR GUARANTEE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS AND REPRESENTATIONS WHETHER ANY KIND (EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE) OTHER THAN THOSE SET OUT IN THIS ▇▇▇▇; 6.1.3 NO ADVICE 5.2.2 IQ CLASH ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS ▇▇▇▇; 5.2.3 IQ CLASH AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO €100; 5.2.4 IQ CLASH AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INFORMATION, WHETHER ORAL INDIRECT LOSS OR WRITTEN, OBTAINED DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED GAMES AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN THIS AGREE- MENT. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 LICENSED TECHNOLOGY WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONSWE MAY BE OBLIGED TO REPAIR YOUR DEVICE); 6.2.2 LICENSED TECHNOLOGY 5.2.5 IQ CLASH DOES NOT GUARANTEE THAT THE OPERATION OF THE GAMES WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OF DEFICIEN- CIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND THAT ERRORS IN LICENSED TECHNOLOGY CAN OR WILL BE CORRECTED, OR THAT THE GAMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND 5.2.6 YOUR INSTALLATION AND USE OF THE GAMES AND VIRTUAL ITEMS IS AT YOUR OWN RISK. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR 5.3 THIS ▇▇▇▇ SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE LIABLE EXCLUDED OR LIMITED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR ANY DIRECTFRAUD, IN- DIRECTFRUADULENT MISREPRESENTATION, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA DEATH OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY ORPERSONAL INJURY CAUSED BY IQ CLASH’S NEGLIGENCE.

Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that: 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITYMERCHANTABLE QUALITY, SATISFAC- TORY SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENTAGREEMENT. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS; 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECTINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OROR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. 6.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology, except the necessity of purchasing appropriate licenses of the "iOS SDK" software from Apple Inc. or "Android SDK" software from Google Inc. as described in Section 3.1. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 6.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included may be accessed via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/acknowledgements/. 6.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 6.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.