Common use of Warranty and Limitation of Liability Clause in Contracts

Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR (B) YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.

Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Program and Services provided by E-HAZARD hereunder shall materially conform with the written product and service specifications, descriptions and documentation delivered by E-HAZARD. EXCEPT AS PROVIDED IN THIS PARAGRAPH, ALL USE SERVICES ARE DELIVERED WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS OR A PARTICULAR PURPOSE. CUSTOMER’S SOLE REMEDY FOR E-HAZARD’S BREACH OF ALL WARRANTIES HEREUNDER OR ANY TERM OR CONDITION OF THIS AGREEMENT, IS AS SET FORTH IN THIS PARAGRAPH. IN NO EVENT SHALL E-HAZARD BE LIABLE TO CUSTOMER OR THIRD PARTIES UNDER THIS AGREEMENT FOR ANY AMOUNT IN EXCESS OF THE LICENSED SOFTWARE IS FEES ACTUALLY PAID BY CUSTOMER TO E-HAZARD FOR SERVICES PROVIDED HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ARISING OF SUCH CLAIMS. E-HAZARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOOD WILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHETHER DERIVED FROM THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE WHATSOEVER OR OTHERWISE, REGARDLESS OF WHETHER E-HAZARD WAS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND WHETHER SUCH LIABILITY WAS BASED UPON TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRACT, PRODUCT LIABILITY, OR ANY OTHER CLAIM AT YOUR SOLE RISK LAW OR IN EQUITY. THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN SHALL BE APPLICABLE TO AND THAT SHALL INURE Initial: Enter Initials TO THE LICENSED SOFTWARE IS PROVIDED "AS IS" BENEFIT OF E-HAZARD AND "AS AVAILABLE." VICTORIA METRICSITS OFFICERS, ITS SUBSIDIARIES AND DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS PARTNERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER IRREVOCABLY WAIVES ANY STATE, FEDERAL, OR LOCAL LAW, REGULATION, OR STATUTE THAT WOULD OTHERWISE LIMIT OR PROHIBIT LIMITATIONS OF OR GENERAL RELEASES OF LIABILITY. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO COMPLY TO THE FULLEST EXTENT POSSIBLE WITH ANY APPLICABLE LAW, REGULATION, OR STATUTE PROHIBITING OR LIMITING THE EXCLUSION OR LIMITATION OF DAMAGES OR THE DISCLAIMER OF WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING REPRESENTATIONS. WITHOUT LIMITING THE LICENSED SOFTWAREFOREGOING, E-HAZARD IS NOT AN INSURER. THE AMOUNT E-HAZARD CHARGES CUSTOMER ARE NOT INSURANCE PREMIUMS. SUCH CHARGES ARE BASED UPON THE VALUE OF THE SERVICES, PROGRAMS AND EQUIPMENT E-HAZARD PROVIDES AND ARE UNRELATED TO THE VALUE OF CUSTOMER’S PROPERTY, ANY PROPERTY OF OTHERS LOCATED IN CUSTOMER’S PREMISES, OR ANY BODILY OR OTHER RISK OR LOSS ON CUSTOMER’S PREMISES. E-HAZARD’S SERVICES, PROGRAM AND EQUIPMENT DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO IDENTIFY, TRAIN, OR DISCLOSE. E-HAZARD MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES THEREFROM. ACCORDINGLY, E-HAZARD DOES NOT UNDERTAKE ANY RISK THAT CUSTOMER’S PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS SOLELY WITH CUSTOMER, NOT E-HAZARD. INSURANCE, IF ANY, COVERING SUCH RISK SHALL BE OBTAINED BY CUSTOMER. E-HAZARD SHALL HAVE NO LIABILITY FOR LOSS, DAMAGE OR INJURY DUE DIRECTLY OR INDIRECTLY TO EVENTS, OR THE CONSEQUENCES THEREFROM, WHICH THE PROGRAM OR SERVICES ARE INTENDED TO DETECT OR AVERT. CUSTOMER SHALL LOOK EXCLUSIVELY TO ITS INSURER AND NONNOT TO E-INFRINGEMENTHAZARD TO PAY CUSTOMER IN THE EVENT OF ANY SUCH LOSS, TOGETHER WITH ANY DAMAGE OR INJURY. CUSTOMER RELEASES AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, WAIVES FOR ITSELF AND ITS LICENSORS DO NOT REPRESENT INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER FROM E-HAZARD ARISING AS A RESULT OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR WARRANT TO YOU THAT: (A) YOUR USE INJURY OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, CUSTOMER OR (B) YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMSANOTHER PERSON.

Warranty and Limitation of Liability. YOU 9.1 EXCEPT AS EXPRESSLY UNDERSTAND SET FORTH HEREIN, SPRYKER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SOFTWARE AND AGREE THAT ALL USE OF SERVICES AND THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICSSPRYKER SP GLOBAL PROGRAM, ITS SUBSIDIARIES AND AFFILIATESWHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWAREWARRANTIES, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OR NON-INFRINGEMENT, TOGETHER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INCLUDING WITH ANY AND RESPECT TO THE PERFORMANCE, FUNCTIONALITY, QUALITY, BENEFITS OR AVAILABILITY OF ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING. SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER. IN NO EVENT WILL SPRYKER BE LIABLE TO SOLUTION PARTNER (OR SOLUTION PARTNER’S AFFILIATED COMPANY) FOR ANY CLAIM, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT LOSS OR WARRANT TO YOU THAT: (A) YOUR USE DAMAGE ARISING OUT OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATION OR (B) YOUR USE AVAILABILITY OF THE LICENSED SOFTWARE AND SERVICES ACCESSED OR USED AS PART OF SOLUTION PARTNER’S PARTICIPATION IN THE SPRYKER SP GLOBAL PROGRAM. 9.2 IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SPRYKER TOGETHER WITH ALL OF ITS AFFILIATED COMPANIES ARISING OUT OF OR RELATED TO PARTS OF ARRANGEMENT EXCEED THE FEES PAID BY SOLUTION PARTNER IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL BE UNINTERRUPTED, TIMELY, SECURE APPLY WHETHER AN ACTION IS IN CONTRACT OR FREE FROM ERRORTORT AND REGARDLESS OF THE THEORY OF LIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN THE ABOVE LIMITATIONS ON LIABILITY SHALL EXCLUDE NOT APPLY TO SPRYKER’S INDEMNIFICATION OBLIGATIONS UNDER CLAUSE BELOW. 9.3 IN NO EVENT WILL SPRYKER OR LIMIT VICTORIA METRICS'S WARRANTY ITS AFFILIATED COMPANIES HAVE ANY LIABILITY ARISING OUT OF OR LIABILITY RELATED TO THE PARTS OF ARRANGEMENT FOR LOSSES WHICH MAY ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SPRYKER OR ITS AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SPRYKER OR ITS AFFILIATED COMPANIES REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT BE LAWFULLY EXCLUDED OR LIMITED APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.

Warranty and Limitation of Liability. YOU Seller warrants marketable title, free and clear of all taxes, claims, liens and encumbrance, to all Products sold and delivered hereunder. Seller further warrants that the Products shall conform to the descriptions in the Confirmation. EXCEPT AS EXPRESSLY UNDERSTAND SET FORTH HEREIN, SELLER MAKES NO OTHER REPRESENATION OR WARRANTY CONCERNING THE PRODUCTS, AND AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED BY SELLER. PRODUCT SOLD HEREUNDER IS SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY SELLER IN WRITING. SELLER’S SOLE OBLIGATION FOR A REMEDY TO BUYER SHALL BE REPLACEMENT OF NON-CONFORMING PRODUCTS. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE LICENSED SOFTWARE PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES. No claim by Buyer of any kind whether as to quality or amount of Product delivered or non-delivery, shall be greater in amount then the purchase price for the Product in respect of which damages are claimed. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, REGARDLESS OF WHETHER SUCH LIABILITY IS AT YOUR SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICSBASED ON BREACH OF CONTRACT, ITS SUBSIDIARIES AND AFFILIATESTORT, STRICT LIABILITY OR OTHERWISE, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY EVEN IF ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, VICTORIA METRICSARISING OUT OF, ITS SUBSIDIARIES AND AFFILIATESOR AS A RESULT OF, AND ITS LICENSORS DO NOT REPRESENT THE SALE, DELIVERY, SERVICING, USE OR WARRANT TO YOU THAT: (A) YOUR USE LOSS OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR (B) YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMSPRODUCT SOLD HEREUNDER.

Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND A. FOR PURPOSES OF THIS PARAGRAPH 8, "PROVIDER" INCLUDES PROVIDER, ANY AFFILIATED AND AGREE THAT ALL USE SUBSIDIARY COMPANIES OF PROVIDER, ANY SUBPROVIDERS AND SUPPLIERS OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATESFOREGOING, AND ITS LICENSORS MAKE THE DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, SUBPROVIDERS AND SUPPLIERS OF ALL OF THEM. B. PROVIDER MAKES NO WARRANTY OR GUARANTEE, EXPRESS WARRANTIES OR IMPLIED, WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT, AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE, INCLUDING PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. C. PROVIDER SHALL NOT BE LIABLE FOR INDIRECT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING INCIDENTAL, CONSEQUENTIAL, RELIANCE OR USAGE IN TRADE. NO ADVICE SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR INFORMATIONLOST REVENUES, WHETHER ORAL OR WRITTENNOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. D. PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGE THAT CUSTOMER MAY SUFFER ARISING OUT OF USE, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. PROVIDER SHALL CREATE NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF CUSTOMER'S NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY WARRANTY NOT OTHER METHOD. EXCEPT AS EXPRESSLY STATED SET FORTH IN OR CONTEMPLATED BY THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICTORIA METRICSIN ANY INSTANCE INVOLVING PERFORMANCE OR NONPERFORMANCE BY PROVIDER WITH RESPECT TO SERVICES OR PRODUCTS PROVIDED HEREUNDER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: CUSTOMER'S SOLE REMEDY SHALL BE (A) YOUR USE IN THE CASE OF SERVICES, REFUND OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTSPRO RATA PORTION OF THE PRICE PAID FOR SERVICES WHICH WERE NOT PROVIDED, OR (B) YOUR USE IN THE CASE OF PRODUCTS, REPAIR OR RETURN OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTEDDEFECTIVE PRODUCT TO PROVIDER FOR REFUND. E. THESE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, TIMELYWHETHER IN CONTRACT, SECURE WARRANTY, STRICT LIABILITY OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSTORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OF ANY KIND, WHETHER ACTIVE OR PASSIVE, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. F. PROVIDER SHALL NOT BE RESPONSIBLE FOR (1) ANY DAMAGE TO CUSTOMER’S EQUIPMENT, (2) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, ITS EMPLOYEES, AGENTS, SUBPROVIDERS, SUPPLIERS OR LICENSEES, (3) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS, (4) INABILITY OF CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (5) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (6) SERVICES PROVIDED BY OTHER SERVICE PROVIDERS, OR (7) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET. G. PROVIDER AND CUSTOMER EACH UNCONDITIONALLY AND IRREVOCABLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL WITH RESPECT TO ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, ANY DEALINGS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF, AN / OR THE RELATIONSHIP BETWEEN THE PARTIES, WHICH WAIVER IS INTENDED TO INCLUDE, WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIESCONTRACT CLAIMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROLTORT CLAIMS, AND LIFE SUPPORT ALL OTHER COMMON LAW OR WEAPONS SYSTEMSSTATUTORY CLAIMS.

Warranty and Limitation of Liability. OREGON AND ITS PROVIDERS PROVIDE ACCESS TO THE DIBELS DATA SYSTEM ON AN "AS IS, WITH ALL DEFECTS" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE TO BEAR ALL RISKS ASSOCIATED WITH THE DIBELS DATA SYSTEM. NEITHER OREGON NOR ITS PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, NEITHER OREGON NOR ITS PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON OR ITS PROVIDERS KNOW OF SUCH PURPOSE), OR THAT ALL THE USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK DIBELS DATA SYSTEM WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. NEITHER OREGON NOR ITS PROVIDERS SHALL BE HELD LIABLE FOR ANY DAMAGES WITH RESPECT TO ANY CLAIM BY YOU OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS AGREEMENT OR USE OF THE DIBELS DATA SYSTEM. YOU HEREBY SAVE, HOLD HARMLESS, DISCHARGE AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, RELEASE OREGON AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES PROVIDERS AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWAREOF ITS AND THEIR RESPECTIVE AGENTS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITYSERVANTS, FITNESS FOR A PARTICULAR PURPOSE EMPLOYEES AND NON-INFRINGEMENTVOLUNTEERS, TOGETHER WITH FROM ANY AND ALL WARRANTIES ARISING LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES OR DEMANDS OF ANY KIND AND NATURE WHATSOEVER WHICH MAY ARISE FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) CONNECTION WITH YOUR USE OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR (B) YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMSDIBELS DATA SYSTEM.

Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "EXCEPT AS IS" AND "AS AVAILABLE." VICTORIA METRICSSET FORTH UNDER THIS AGREEMENT, ITS SUBSIDIARIES AND AFFILIATESEACH PARTY DOES NOT MAKE, AND ITS LICENSORS MAKE NO HEREBY EXCLUDES AND DISCLAIMS, ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS WARRANTIES AND DISCLAIM ALL OR IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE(EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING IMPLIED WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE, TOGETHER COMPATIBILITY WITH THIRD PARTY PRODUCTS, PROFITABILITY OR MARKETABILITY OF THE SIMILARWEB IP RIGHTS OR THE SIMILARTECH IP. TO THE EXTENT THAT ANY AND ALL WARRANTIES ARISING FROM COURSE JURISDICTION DOES NOT ALLOW THE EXCLUSION OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATIONCERTAIN IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE SHALL CREATE ANY THE EXCLUSIONS OF EACH PARTY’S WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING LIMITED WARRANTY SECTION SHALL APPLY IN SUCH JURISDICTION TO THE GENERALITY OF THE FOREGOING, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR (B) YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND THIS AGREEMENT DOES NOT EXCLUDE ANY WARRANTIES THAT MAY NOT BE EXCLUDED BY LAW AND ACKNOWLEDGE THAT ANY LIABILITY ARISING HEREUNDER SHALL BE LIMITED TO THE LICENSED SOFTWARE IS NOT DESIGNEDCORRECTION OR REPLACEMENT OF THE APPLICABLE TECHNOLOGY AT SIMILARWEB’S OPTION AND AT LICENSEE’S EXPENSE. IN NO EVENT SHALL SIMILARWEB BE LIABLE FOR ANY INDIRECT, INTENDED INCIDENTAL, SPECIAL OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSCONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATIONLOSS OF PROFITS, OPERATION REVENUE, DATA, OR USE, INCURRED BY LICENSEE , WHETHER IN AN ACTION IN CONTRACT OR TORT, IN ANY WAY ARISING FROM THIS AGREEMENT, EVEN IF SIMILARWEB OR ANY OTHER PERSON HAS BEEN ADVISED OF NUCLEAR FACILITIESTHE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMSSIMILARWEB’S LIABILITY IN ANY EVENT AND UNDER ANY CIRCUMSTANCES, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMSSHALL NOT EXCEED USD 1,000.

Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE ACKNOWLEDGE THAT ALL USE OF YOU ARE USING THE LICENSED SOFTWARE IS WEBSITE AT YOUR SOLE RISK AND THAT OWN RISK. THE LICENSED SOFTWARE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO ICJ HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWAREIMPLIED, INCLUDING IMPLIED BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTOR ANY OTHER WARRANTY, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING CONDITION, GUARANTEE OR USAGE IN TRADE. NO ADVICE OR INFORMATIONREPRESENTATION, WHETHER ORAL ORAL, IN WRITING OR WRITTENIN ELECTRONIC FORM, OBTAINED FROM VICTORIA METRICS INCLUDING BUT NOT LIMITED TO THE ACCURACY OR ELSEWHERE SHALL CREATE COMPLETENESS OF ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTINFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO ICJ DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. ICJ SHALL NOT BE LIABLE TO YOU THAT: (A) OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTSWEBSITE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO RELEASE ICJ AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (BACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTEDTHIS SITE. ICJ reserves the right and sole discretion to change, TIMELYlimit, SECURE OR FREE FROM ERRORterminate, modify, temporarily or permanently cease to provide the ICJ Website or any part thereof to any user or group of users, without prior notice and for any reason or no reason. NOTWITHSTANDING THE FOREGOINGIn the event you or ICJ terminate this Agreement, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMSyou must immediately stop using the ICJ Website.

Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND ▇▇▇▇▇▇ ACKNOWLEDGES AND AGREE THAT ALL USE AGREES THERE IS NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE LICENSED SOFTWARE IS PRODUCT OR SERVICES, EITHER EXPRESSED, IMPLIED OR AT YOUR SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARELAW, INCLUDING IMPLIED WARRANTIES OF AS TO ITS SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH OR ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATIONOTHER MATTER, WHETHER ORAL USED ALONE OR WRITTENIN COMBINATION WITH OTHER PRODUCT OR MATERIALS. LESSEE ACKNOWLEDGES THAT THE PRODUCT IS OF THE QUALITY, OBTAINED FROM VICTORIA METRICS DESIGN, SIZE, CAPACITY AND MANUFACTURE SELECTED BY LESSEE. LESSEE RENTS THE PRODUCT IN AN “AS IS” CONDITION. LESSEE ACKNOWLEDGES AND AGREES THAT RECON SHALL NOT BE LIABLE TO ANY PERSON OR ELSEWHERE SHALL CREATE PARTY FOR ANY WARRANTY NOT EXPRESSLY STATED LOSSES ARISING IN THIS AGREEMENT. WITHOUT LIMITING CONNECTION WITH (i) THE GENERALITY RENTAL CONTRACT, THE PRODUCT OR THE SERVICES, (ii) ANY INADEQUACY, DEFICIENCY OR DEFECT THEREIN, (iii) THE INSTALLATION, OPERATION, USE, CARE, MAINTENANCE, REPAIR OR RETURN THEREOF, (iv) ANY DELAY IN DELIVERING OR PROVIDING ANY OF THE FOREGOING, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT (v) FAILING TO YOU THAT: (A) YOUR USE PROVIDE ANY OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTSFOREGOING, OR (Bvi) YOUR USE ANY DAMAGE WHATSOEVER AND HOWSOEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER THEORY OF LIABILITY. THE LICENSED SOFTWARE WILL BE UNINTERRUPTEDSOLE AND EXCLUSIVE REMEDY OF LESSEE FOR ANY LIABILITY OF RECON AND ITS REPRESENTATIVES HEREUNDER, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY OR INCLUDING LIABILITY FOR LOSSES WHICH MAY NEGLIGENCE, SHALL BE THE REPAIR AND/OR REPLACEMENT OF ANY DEFECTIVE PRODUCT AND SHALL NOT BE LAWFULLY EXCLUDED INCLUDE ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND INDIRECT, PUNITIVE, EXEMPLARY OR LIKE DAMAGES (INCLUDING LOST PROFITS, REVENUE OR SALES, OR COSTS OF PROCUREMENT FOR SUBSTITUTE PRODUCT, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR WORK STOPPAGE), OR ANY DAMAGES RELATING IN ANY WAY TO ANY NEW, EXISTING OR CONTINUING ENVIRONMENTAL CONTAMINATIONS IN ANY AMOUNT HOWEVER CAUSED AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNEDWHETHER ARISING UNDER CONTRACT, INTENDED TORT, STRICT LIABILITY, NEGLIGENCE OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OTHER THEORY OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMSLIABILITY.

Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND A. FOR PURPOSES OF THIS PARAGRAPH 7, "AT&T" INCLUDES AT&T, ANY AFFILIATED AND AGREE THAT ALL USE SUBSIDIARY COMPANIES OF AT&T, ANY SUBCONTRACTORS AND SUPPLIERS OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATESFOREGOING, AND ITS LICENSORS MAKE THE DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, SUBCONTRACTORS AND SUPPLIERS OF ALL OF THEM. B. NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING TARIFFED SERVICES ARE PROVIDED UNDER THIS AGREEMENT. PRODUCTS OR SERVICES SOLD OR PROVIDED UNDER ANOTHER CONTRACT OR UNDER TARIFF ARE GOVERNED SOLELY BY THE LICENSED SOFTWARETERMS OF THAT CONTRACT OR TARIFF, INCLUDING ANY WARRANTIES, GUARANTEES, OR OTHER OBLIGATIONS OF AT&T UNDER THAT CONTRACT OR TARIFF. AT&T MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT, AND AT&T EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH PURPOSE. C. AT&T'S LIABILITY TO CUSTOMER ON ACCOUNT OF ANY AND ALL WARRANTIES ARISING FROM COURSE ACTS OR OMISSIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED THE GREATER OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE $25,000 FOR EACH SITE PROVISIONED FOR SERVICES UNDER THIS AGREEMENT OR (B) THE AMOUNTS PAID BY CUSTOMER FOR SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE INCIDENT GIVEN RISE TO THE CLAIM FOR DAMAGES, IN NO EVENT TO EXCEED AN AGGREGATE OF $50,000 IN THE CASE OF (A) OR (B). HOWEVER, NOTHING IN THIS SUBPARAGRAPH 7.C. LIMITS AT&T'S LIABILITY FOR DIRECT DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY, OR FOR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY AT&T'S NEGLIGENCE. D. AT&T SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT AT&T HAS BEEN ADVISED OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTSPOSSIBILITY OF SUCH DAMAGES. AT&T SHALL NOT BE LIABLE FOR ANY DAMAGE THAT CUSTOMER MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF AT&T. AT&T SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF CUSTOMER'S NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. EXCEPT AS EXPRESSLY SET FORTH IN OR CONTEMPLATED BY THIS AGREEMENT, IN ANY INSTANCE INVOLVING PERFORMANCE OR NONPERFORMANCE BY AT&T WITH RESPECT TO SERVICES OR PRODUCTS PROVIDED HEREUNDER, CUSTOMER'S SOLE REMEDY SHALL BE (A) IN THE CASE OF SERVICES, REFUND OF A PRO RATA PORTION OF THE PRICE PAID FOR SERVICES WHICH WERE NOT PROVIDED, OR (B) YOUR USE IN THE CASE OF PRODUCTS, REPAIR OR RETURN OF THE LICENSED SOFTWARE DEFECTIVE PRODUCT TO AT&T FOR REFUND. AT THE OPTION OF AT&T, EXCEPT AS EXPRESSLY SET FORTH IN OR CONTEMPLATED BY THIS AGREEMENT, IN THE CASE OF REFUND FOR LOST SERVICES, CREDIT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VICTORIA METRICS'S WARRANTY ISSUED ONLY FOR PERIODS OF LOST SERVICE GREATER THAN TWENTY-FOUR (24) HOURS. E. THESE LIMITATIONS OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSTORT, INCLUDING WITHOUT LIMITATIONLIMITATION NEGLIGENCE OF ANY KIND, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION WHETHER ACTIVE OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROLPASSIVE, AND LIFE SUPPORT SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. F. AT&T SHALL NOT BE RESPONSIBLE FOR (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, ITS EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR WEAPONS SYSTEMSLICENSEES, (2) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS, (3) INABILITY OF CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICES PROVIDED BY OTHER SERVICE PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.

Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL USE OF 8.1 THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VICTORIA METRICSWITHOUT ANY WARRANTY OF ANY KIND, ITS SUBSIDIARIES AND AFFILIATESEITHER EXPRESS OR IMPLIED, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWAREINCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VICTORIA METRICS OR ELSEWHERE SHALL CREATE ANY WARRANTY . 8.2 Redburst DOES NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING WARRANT THAT THE GENERALITY OF THE FOREGOING, VICTORIA METRICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR (B) YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTEDERROR- FREE(INCLUDING, TIMELY, SECURE OR WITHOUT LIMITATION; FREE FROM ERROR. NOTWITHSTANDING VIRUS ETC.) OR THAT SUCH ERRORS WILL BE CORRECTED, AND THE FOREGOINGLICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION,LOSS OF DATA, NOTHING HEREIN REPAIR OR DAMAGE CAUSED BY SUCH ERRORS. 8.3 Redburst SHALL EXCLUDE NOT BE LIABLE TO THE LICENSEE OR LIMIT VICTORIA METRICS'S WARRANTY TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY UNDER THE APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT . 8.4 NOTWITHSTANDING THE LICENSED GENERALITY OF CLAUSE 8.3 ABOVE, Redburst EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.5 IN THE EVENT Redburst INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS NOT DESIGNED, INTENDED LIMITED TO THE LICENSE FEE PAID BY THE LICENSEE FOR THE SOFTWARE (EXCEPT FOR DEATH OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMSPERSONAL INJURY ARISING FROM Redburst's NEGLIGENCE).