Common use of WARRANTY DISCLAIMER; LIMITATION OF LIABILITY Clause in Contracts

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS.” PLAYON MAKES NO WARRANTIESAND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENTNON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FITNESS FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A PARTICULAR PURPOSEDISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, UBISOFT’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL EITHER PARTY UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR ANY LIMITED UNDER APPLICABLE LAW. FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSXXXX AGAINST YOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND PRERELEASE SOFTWARE PROVIDED BY PLAYON ARE IS PROVIDED “AS IS.” PLAYON MAKES NO " SYMANTEC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS, INCLUDING BUT NOT TO LIMITED TO ANY IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED. SYMANTEC MAKES NO WARRANTY THAT THE PRERELEASE BACKUP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SYMANTEC OR ITS LICENSORS BE LIABLE TO THE OTHER OR ANY THIRD PARTY YOU FOR ANY INDIRECT SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, ANY LOST PROFITS OR INCIDENTAL DAMAGES WHATSOEVER LOST DATA ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OUT OF THE PARTIES HEREUNDER WHETHER USE OR NOT A PARTY INABILITY TO USE THE PRERELEASE SOFTWARE, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT NO CASE SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYONSYMANTEC’S OR ITS PERSONNEL’S GROSS NEGLIGENCE LICENSORS’ LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE PRERELEASE SOFTWARE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR TEN U.S. DOLLARS (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSU.S. $10.00).

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. The Pre-release Services are not at the level of performance or compatibility of a final, generally available product offering. The Pre-release Services have not been completely tested and will contain defects or deficiencies, some of which cannot or may not be corrected. Pre-release Services may not operate as expected. You acknowledge that all use, testing, research and development performed by you pursuant to this Test Agreement are done entirely at your own risk. You further acknowledge that the Pre-release Services and their use may result in unexpected results, loss of data, or other unpredictable damage or loss to you. THE PRE-RELEASE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE IS PROVIDED “AS IS.” PLAYON MAKES NO " WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS, INCLUDING BUT NOT TO LIMITED TO ANY IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY WE OR OUR LICENSORS BE LIABLE TO THE OTHER OR ANY THIRD PARTY YOU FOR ANY INDIRECT SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, ANY LOST PROFITS OR INCIDENTAL DAMAGES WHATSOEVER LOST DATA ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OUT OF THE PARTIES HEREUNDER WHETHER USE OR NOT A PARTY HAS INABILITY TO USE THE PRE-RELEASE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM NO CASE SHALL OUR OR OUR LICENSORS’ LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS GREATER OF THE PRICE YOU PAID TO SCHOOL UNDER THIS AGREEMENT. FOR THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO PRE-RELEASE SERVICES OR TEN U.S. DOLLARS (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSU.S. $10.00).

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE CERTIFICATION CURRICULUM AND ALL PROGRAM-RELATED SERVICES) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, ANY SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESINTUIT OR ITS SUPPLIERS, EXPRESSQUICKBOOKS OR OTHER SOFTWARE, IMPLIED ANY TRAINING GUIDE, AND/OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND ANY OTHER RELATED MATERIALS INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. PARTICIPANT ACKNOWLEDGES AND AGREES THAT SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE COMMENCEMENT DATE OF PARTICIPANT INITIAL PROGRAM MEMBERSHIP. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS IN DURATION MAY NOT APPLY TO CERTAIN PARTICIPANTS. IN NO EVENT WILL EITHER PARTY SHALL INTUIT OR ITS SUPPLIERS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESAMOUNTS IN EXCESS OF THE FEES PAID BY PARTICIPANTSTO INTUIT HEREUNDER FOR ONE MEMBERSHIP PERIOD, NOR SHALL INTUIT OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, INCLUDING CONSEQUENTIALWITHOUT LIMITATION, SPECIAL, LOST BUSINESS OR INCIDENTAL DAMAGES WHATSOEVER PROFITS ARISING FROM ANY MATTERS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER INTUIT OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED ITS SUPPLIERS HAVE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGE DAMAGES. THE REMEDIES SET FORTH HEREIN SHALL BE MEMBER'S SOLE AND WHETHER BASED ON A EXCLUSIVE REMEDIES FOR ANY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, THESE TERMS AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSCONDITIONS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EFI M AKES NO REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESSUPPORT SERVICES, SOFWTARE, OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IM PLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEM ENT OR ANY OTHER COMM UNICATION. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIM S ANY IMPLIED WARRANTY OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEM ENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHROIZED TO M AKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEM ENT. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIM S RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEM ENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIM ITED TO THE AM OUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AM OUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEM ENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIM ATE OF ANY LOSS AND DAM AGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OM ISSION BY EFI AND/OR ITS SUPPLIERS. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO THE OTHER FOR COST OF PROCUREM ENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIM S, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAM AGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENSE AGREEM ENT. THIS LIM ITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSDAM AGES.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE ALGORITHMS AND/OR SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE ALGORITHMS AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE ALGORITHMS AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO THE ALGORITHMS AND/OR SERVICES AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGETORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREIN. FOR CLARITY, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S UP42 HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSTHE PRODUCTS AND ALGORITHMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON PRODUCTS ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT PRODUCTS WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE SAME WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO ANY PRODUCTS AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EFI M AKES NO REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESSUPPORT SERVICES, SOFWTARE OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IM PLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEM ENT OR ANY OTHER COMM UNICATION. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIM S ANY IMPLIED WARRANTY OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEM ENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHOROISED TO M AKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS AGREEM ENT. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIM S RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/OR THIS LICENCE AGREEM ENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE), SHALL BE LIM ITED TO THE AM OUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AM OUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENCE AGREEM ENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIM ATE OF ANY LOSS AND DAM AGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OM ISSION BY EFI AND/OR ITS SUPPLIERS. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO FOR THE OTHER COST OF PROCUREM ENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIM S OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAM AGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENCE AGREEM ENT. THIS LIM ITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSDAM AGES.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS.” PLAYON MAKES NO WARRANTIESAND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENTNON- INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FITNESS FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A PARTICULAR PURPOSEDISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, UBISOFT’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL EITHER PARTY UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR ANY LIMITED UNDER APPLICABLE LAW. FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSXXXX AGAINST YOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES INSITEPRO AND SOFTWARE PROVIDED BY PLAYON ANY AUTHORIZED DERIVATIVE WORKS ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT INSITEPRO WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF INSITEPRO WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO INSITEPRO AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SUPPORT AGREEMENT, THE SERVICES ARE PERFORMED AND SOFTWARE ALL DELIVERABLES PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES" WITHOUT ANY ADDITIONAL WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSINNOVATION EXPRESSLY EXCLUDES ALL OTHER EXPRESS AND IMPLIED TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES PROVIDED HEREUNDER ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES TERMS OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR (i) ANY INDIRECT LOSS; (ii) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR LOSSES; (iii) ANY DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE OR LOSS OF DATA ARISING OUT OF THIS SUPPORT AGREEMENT OR WITH RESPECT TO THE SERVICES OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESDELIVERABLES, INCLUDING CONSEQUENTIALWHETHER IN CONTRACT, SPECIALTORT, NEGLIGENCE OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR OTHER FORM OF ACTION EVEN IF THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED APPRISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND THIS SECTION SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. INNOVATION'S TOTAL LIABILITY (TO END USER FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL DAMAGES UNDER OR IN CONNECTION WITH THIS SUPPORT AGREEMENT SHALL NOT EXCEED 100% OF THE AMOUNTS AMOUNT OF FEES PAID BY END USER FOR THE SERVICES GIVING RISE TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN LIABILITY DURING THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS12-MONTH PERIOD.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON EFI MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SUPPORT SERVICES, SOFTWARE, OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMM UNICATION. TO THE MAXIM UM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIM S ANY IMPLIED WARRANTY OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEM ENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEMENT. TO THE MAXIM UM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAM AGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS SUPPLIERS. TO THE MAXIM UM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO THE OTHER FOR COST OF PROCUREM ENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIMS, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAM AGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT DAM AGES. Contrat de maintenance et d’assistance logicielles de niveau 1pour EFI’s JobFlow Software Les obligations d’EFI au titre du présent Contrat de maintenance et d’assistance logicielles (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY ci-après « CMAL » ou le présent « Contrat ») concernant EFI’s JobFlow Software (FOR ALL CLAIMS IN THE AGGREGATE« le Logiciel ») TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSse limitent aux conditions exposées ci-après.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES GRAINGER’S WARRANTY DISCLAIMER AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “LIMITATION OF LIABILITY APPLY TO SOURCED PRODUCTS. WARRANTY DISCLAIMER. GRAINGER SHALL HAVE NO LIABILITY FOR, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS IS.” PLAYON MAKES NO WARRANTIESSET FORTH IN THIS AGREEMENT, EXPRESSINCLUDING, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS WITHOUT LIMITATION I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; II) ANY WARRANTY OR AFFIRMATION OF FACT RELATED TO MISUSE, IMPROPER SELECTION, RECOMMENDATION, OR MISAPPLICATION OF ANY PRODUCT; AND III) ANY WARRANTY OR AFFIRMATION OF FACT THAT THE CATALOGS, LITERATURE, AND WEBSITES IT PROVIDES ACCURATELY ILLUSTRATE AND DESCRIBE PRODUCTS. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR LIMITATION OF LIABILITY. ANY THIRD PARTY LIABILITY FOR ANY INDIRECT DAMAGESCONSEQUENTIAL, INCLUDING CONSEQUENTIALINCIDENTAL, SPECIAL, EXEMPLARY, OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER ARISING FROM OR IS EXPRESSLY DISCLAIMED. GRAINGER’S LIABILITY IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT EVENTS SHALL NOT EXCEED THE AMOUNTS PURCHASE PRICE PAID FOR THE SOURCED PRODUCT THAT GIVES RISE TO SCHOOL UNDER THIS AGREEMENTANY LIABILITY. GRAINGER’S PAYMENT OF SUCH AMOUNT SHALL BE THE LIMITATION FINAL AND EXCLUSIVE REMEDY IN THE IMMEDIATELY PRECEDING SENTENCE DOES EXHAUSTION OR UNAVAILABILITY OF ANY OTHER REMEDY SPECIFIED HEREIN AND SHALL NOT APPLY BE CONSTRUED OR ALLEGED BY PROGRAM PARTICIPANT TO (I) PLAYON’S OR HAVE FAILED OF ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSESSENTIAL PURPOSE.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “EXCEPT AS IS.” PLAYON MAKES NO WARRANTIESEXPRESSLY SET FORTH HEREIN, EXPRESS, IMPLIED OR OTHERWISE AND PROVIDER SPECIFICALLY DISCLAIMS THE ANY OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE CUSTOMER’S HARDWARE, SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. IN NO EVENT WILL EITHER PARTY PROVIDER SHALL NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESPUNITIVE, INCLUDING CONSEQUENTIALEXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR INCIDENTAL DAMAGES WHATSOEVER CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST REVENUES OR PROFITS, LOSS OF USE OR EQUIPMENT DOWN TIME, AND LOSS OF OR CORRUPTION TO DATA) ARISING FROM OUT OF OR IN ANY WAY RELATED RELATING TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS AGREEMENT, REGARDLESS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. CUSTOMER XXXXXX AGREES THAT PROVIDER'S TOTAL LIABILITY FOR ANY AND WHETHER BASED ON A ALL LIABILITIES CLAIMS, OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWSOEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BREACH OF CONTRACTCONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE)TORT, PRODUCT STRICT LIABILITY, STATUORY LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENTSHALL NOT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) , EXCEED FEES PAID TO SCHOOL UNDER OR IN CONNECTION WITH PROVIDER DURING THE PREVIOUS 12-MONTH PERIOD. THE PARTIES ACKNOWLEDGE AND AGREE TO THE FOREGOING LIABILITY RISK ALLOCATION. ANY CLAIM BY CUSTOMER AGAINST PROVIDER RELATING TO THIS AGREEMENT SHALL NOT EXCEED MUST BE MADE IN WRITING AND PRESENTED TO PROVIDER WITHIN SIX (6) MONTHS AFTER THE AMOUNTS PAID TO SCHOOL UNDER DATE ON WHICH THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S AGREEMENT EXPIRES OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSIS OTHERWISE TERMINATED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. SIGNIFY PROVIDES YOU ACCESS TO THE APP AND USE OF THE SERVICES FREE OF CHARGE AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS ON AN "AS-IS.” PLAYON MAKES NO WARRANTIES" AND "AS-AVAILABLE" BASIS, EXPRESSWITHOUT WARRANTY OF ANY KIND. SIGNIFY AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED EXPRESS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE APP AND ITS CONTENT. NEITHER SIGNIFY NOR LICENSORS AND SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE APP OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR THE SERVICES (INCLUDING ANY INFORMATION AND MATERIALS OR CONTENT ON OR IN THE APP) WILL BE CORRECT, COMPLETE, ACCURATE, SECURE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS. SIGNIFY HAS NO DUTY TO UPDATE, SUPPLEMENT, SUPPORT, MAINTAIN OR OTHERWISE MODIFY THE APP OR THE SERVICES AT ANY TIME. IN NO EVENT WILL EITHER PARTY SIGNIFY, OR ANY AFFILIATES OR OWNERS OR LICENSORS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESINDIRECT, INCLUDING CONSEQUENTIALINCIDENTAL, SPECIAL, EXEMPLARY, OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING FROM OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT CONNECTION WITH THESE TERMS AND/OR YOUR USE OF THE APP OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER SERVICES WHETHER OR NOT A PARTY HAS BEEN SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH DAMAGE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONTRACTLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TORT (INCLUDING NEGLIGENCE)SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCT SIGNIFY OR ITS AFFILIATES' OR IT'S LICENSORS' AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN OTHERWISE WITH RESPECT TO THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN APP OR THE AGGREGATE) TO SCHOOL UNDER SERVICES OR IN CONNECTION WITH THIS AGREEMENT CONTENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO AMOUNT OF FIFTY EURO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS€50.00).

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SUPPORT AGREEMENT, THE SERVICES ARE PERFORMED AND SOFTWARE PROVIDED BY PLAYON ARE ALL DELIVERABLES PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT ANY ADDITIONAL WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSITW EXPRESSLY EXCLUDES ALL OTHER EXPRESS AND IMPLIED TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES PROVIDED HEREUNDER ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES TERMS OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR (i) ANY INDIRECT DAMAGESLOSS; (ii) ANY INCIDENTAL, INCLUDING CONSEQUENTIAL, SPECIALINDIRECT, SPECIAL OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER OR LOSSES; (iii) ANY DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE OR LOSS OF DATA ARISING FROM OR IN ANY WAY RELATED TO OUT OF THIS AGREEMENT OR WITH RESPECT TO THE RIGHTS SERVICES OR OBLIGATIONS ANY DELIVERABLES, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHER FORM OF ACTION EVEN IF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED APPRISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND THIS SECTION SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYONFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ITW’S MAXIMUM TOTAL LIABILITY (TO END USER FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL DAMAGES UNDER OR IN CONNECTION WITH THIS SUPPORT AGREEMENT SHALL NOT EXCEED 100% OF THE AMOUNTS AMOUNT OF FEES PAID BY END USER FOR THE SERVICES GIVING RISE TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN LIABILITY DURING THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS12- MONTH PERIOD.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE INSITEPRO IS PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT INSITEPRO WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF INSITEPRO WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO INSITEPRO AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESSnapfinger does not warrant that Snapfinger or the System will operate without interruption or be error-free. SNAPFINGER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY SNAPFINGER SHALL NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING CONSEQUENTIALWITHOUT LIMITATION, SPECIALDAMAGES BASED ON LOSS OF PROFIT, LOSS OF DATA OR COMPUTER TIME, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM ALTERATION OR ERRONEOUS TRANSMISSION OF DATA, EVEN IF SNAPFINGER IS ADVISED IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. SNAPFINGER’S TOTAL LIABILITY TO SUBSCRIBER UNDER ANY PROVISION OF THIS AGREEMENT (OTHER THAN INDEMNIFICATION UNDER SECTION 5) OR FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES RELATING TO THE SYSTEM OR SNAPFINGER (WHETHER BASED ON A BREACH OF TORT, CONTRACT, TORT (INCLUDING NEGLIGENCEOR OTHERWISE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN EXCLUDING CLAIMS BASED UPON THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING OF SNAPFINGER, SHALL BE LIMITED TO THE AMOUNT PAID BY SUBSCRIBER TO SNAPFINGER WITHIN THE PRIOR 3 MONTH PERIOD FOR THE SERVICES GIVING RISE TO THE LIABILITY. EACH OF THE PARTIES RELIED ON THIS LIMITATION IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSENTERING INTO THIS AGREEMENT.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON EFI MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SUPPORT SERVICES, SOFTWARE OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR OTHERWISE AND IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIMS THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHOROISED TO MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/OR THIS LICENCE AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENCE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO FOR THE OTHER COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIMS OR ANY THIRD PARTY FOR ANY INDIRECT SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING CONSEQUENTIALHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENCE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT DAMAGES. Contrat de maintenance et d’assistance logicielles de niveau 1 pour EFI’s JobMaster Software Les obligations d’EFI au titre du présent Contrat de maintenance et d’assistance logicielles (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY ci-après « CMAL » ou le présent « Contrat ») concernant EFI’s JobMaster Software (FOR ALL CLAIMS IN THE AGGREGATE« le Logiciel ») TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSse limitent aux conditions exposées ci-après.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE SERVICE IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES, " AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS STATUTORY OR ARISING FROM CUSTOM OR TRADE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. IN PITNEY BOWES ACCEPTS NO EVENT RESPONSIBILITY FOR ERRORS OR TECHNICAL DIFFICULTIES WITH THE FUNCTIONALITY OF THE SERVICE, AND DOES NOT GUARANTEE THAT YOUR SERVICE WILL EITHER PARTY BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE SERVICE, LIKE ALL SOFTWARE RELATED PRODUCTS, MAY BE SUBJECT TO KNOWN OR UNKNOWN ANOMALIES, WHICH MAY AFFECT ITS ABILITY TO PERFORM POSTAGE PRINTING ON ADDRESSESPUT INTO THE SERVICE. FOR EXAMPLE, DEPENDING ON THE ACCURACY OF YOUR LIST AND THE CITIESTO WHICH YOU MAIL, INCORRECT CODING MAY OCCUR. YOU UNDERSTAND AND AGREE THAT PITNEY BOWES IS NOT RESPONSIBLE OR LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT SUCH ANOMALIES. PITNEY XXXXX IS NOT LIABLE FOR ANY DAMAGES, INCLUDING CONSEQUENTIALLOST PROFITS, LOST SAVINGS, LOST POSTAGE, OR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY), LOSS OF BUSINESS, DECREASE IN THE VALUE OF ANY SECURITIES OR CASH POSITION, TIME, MONEY, GOODWILL, ARISING FROM OUT OF OR IN ANY WAY RELATED CONNECTION WITH THE USE OR INABILITY TO THIS AGREEMENT OR USE THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY SERVICE EVEN IF PITNEY XXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOUR SOLE REMEDY IS TO TERMINATE USE OF THE SERVICE. PITNEY BOWES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND WHETHER BASED ON A BREACH CONTROL OF CONTRACTANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, TORT (INCLUDING NEGLIGENCE)AND IN SUCH CASE, PRODUCT LIABILITY OR OTHERWISEYOU AGREE TO COOPERATE WITH PITNEY BOWES IN DEFENSE OF SUCH CLAIM. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM NO EVENT SHALL PITNEY XXXXX' LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL EXCEED $50.00. SOME STATES DO NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. ALLOW THE LIMITATION IN OR EXCLUSION OF LIABILITY FOR INCIDENTALS OR CONSEQUENTIAL DAMAGES, SO THE IMMEDIATELY PRECEDING SENTENCE DOES ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Notwithstanding the above, any limitation of liability is subject to the provisions of Tenn. Code Xxx. §12- 3-701. The State of Tennessee shall have no liability except as specifically provided in this Agreement. In no event will the State be liable to Pitney Xxxxx or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time, money, goodwill, or any indirect, special, incidental, punitive, exemplary or consequential damages of any nature, whether based on warranty, contract, statute, regulation, tort (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGEincluding but not limited to negligence), PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION or any other legal theory that may arise under this Agreement or otherwise. YOUR MAXIMUM LIABILITY FOR A BREACH OF THIS AGREEMENT WILL BE LIMITED TO INDEMNIFY SCHOOL THE THEN CURRENT COMMERCIAL LIST PRICE FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSUCH BREACH AS IF THE BREACH HAD NOT OCCURRED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE 3DBI PRODUCTS AND/OR SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE 3DBI PRODUCTS AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE 3DBI PRODUCTS AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO THE 3DBI PRODUCTS AND/OR SERVICES AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL FCPS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL OBTAINED FROM PLAYON’S LIABILITY INSURANCE IN RESPECT OF THE UNDERLYING CLAIM MADE BY FCPS UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. ALL SERVICES AND PRODUCTS (IF ANY) PROVIDED BY LS UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS-IS” BASIS. LS DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS (IF ANY) PROVIDED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. LS DISCLAIMS ANY AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO ALL REPRESENTATIONS AND WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. LS’S TOTAL LIABILITY TO PUBLISHER FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY PUBLISHER TO LS HEREUNDER FOR THE TWELVE MONTH PERIOD PRIOR TO LS’S ACT GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WITH RESPECT TO THE OBLIGATIONS UNDER SECTION 7 IN NO EVENT WILL EITHER PARTY SHALL LS OR PUBLISHER, THEIR PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR ANY THIRD PARTY FOR ANY INDIRECT SPECIAL DAMAGES, INCLUDING CONSEQUENTIALWITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, SPECIALREVENUES, BUSINESS, USE, DATA OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER OTHER INTANGIBLES, WHETHER OR NOT A PARTY HAS SUCH DAMAGES WERE FORESEEABLE AND EVEN IF LS OR PUBLISHER HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACTDAMAGES. Publisher acknowledges that due to the nature of the Internet its Digital Media Files may be sold in geographic territories for which it does not have Territorial Rights. Publisher, TORT (INCLUDING NEGLIGENCE)therefore, PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSwaives any claim for damages against LS for sales of its Digital Media Files in territories for which it does not have the right to sell or distribute the Digital Media Files.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. I. No Warranties THE SERVICES SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND SOFTWARE INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES" AND ON AN "AS AVAILABLE" BASIS, EXPRESSWITHOUT WARRANTIES OF ANY KIND, IMPLIED EITHER EXPRESS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON- INFRINGEMENT. IN TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AXP MAKES NO EVENT WARRANTIES THAT THE SERVICE WILL EITHER PARTY MEET YOUR REQUIREMENTS AND SHALL NOT BE LIABLE TO FOR THE OTHER USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICE UNDER ANY THIRD PARTY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, AXP'S NEGLIGENCE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT USE OF THE SERVICE'S 'FRAUD REPORTING' FEATURE DOES NOT GUARANTEE AGAINST FRAUD, AND THAT AXP MAKES NO WARRANTY THAT SECURITY BREACHES WILL NOT OCCUR. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, DAMAGE TO YOUR EQUIPMENT OR INCIDENTAL DAMAGES WHATSOEVER ARISING LOSS OF DATA THAT RESULTS FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY DOWNLOAD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH MATERIAL AND/OR DATA. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSUPPLEMENT.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON SPONSOR MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES (INCLUDING THIRD-PARTY WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE). IN NO EVENT WILL EITHER PARTY SHALL THE INDEMNIFIED PARTIES BE LIABLE TO THE OTHER OR ANY THIRD PARTY CUSTOMER FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PENAL, PUNITIVE OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN OF ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR NATURE IN CONNECTION WITH THE USE OF THE CUSTOMER PORTAL, EQUIPMENT OR PARTICIPATION IN THIS AGREEMENT SHALL NOT EXCEED PROGRAM. TO THE AMOUNTS PAID TO SCHOOL UNDER FULLEST EXTENT ALLOWED BY LAW AND AS PART OF THE CONSIDERATION FOR PARTICIPATION IN THIS AGREEMENT, THE CUSTOMER WAIVES AND RELEASES THE INDEMNIFIED PARTIES FROM ALL OBLIGATIONS (OTHER THAN PROVISION OF THE EQUIPMENT, AND FOR ANY AND ALL LIABILITY OR CLAIMS ARISING IN CONNECTION WITH THE EQUIPMENT, THE CUSTOMER PORTAL, OR ANY WORK OR SERVICES OF THE CONTRACTOR. CUSTOMER AGREES TO LOOK SOLELY TO THE LIMITATION MANUFACTURER OF THE EQUIPMENT AND TO THE CONTRACTOR FOR ANY CLAIMS ASSOCIATED WITH THE EQUIPMENT OR CONTRACTOR SERVICES, RESPECTIVELY. MANUFACTURER SHALL PROVIDE REMOTE ACCESS TO ITS THERMOSTAT VIA ITS WEB-BASED PORTAL OR APP. AT THE TIME OF THE ENROLLMENT, CUSTOMERS MAY REVIEW AND ACCEPT THE MANUFACTURER’S TERMS AND CONDITIONS TO UTILIZE SUCH PORTAL OR APP. CUSTOMER AGREES THAT THE INDEMNIFIED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH ACTS OR OMISSIONS OF THE MANUFACTURER OF THE SMART THERMOSTAT, INCLUDING WITHOUT LIMITATION, ANY BREACH OR MISUSE OF CUSTOMER DATA WHILE IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSPOSSESSION OF SUCH MANUFACTURER.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE VERIZON AND ITS APPLICABLE AFFILIATES, LICENSORS AND SUPPLIERS PROVIDE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESAND DISCLAIM ALL REPRESENTATIONS OR WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSINCLUDING, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT SERVICES SHALL BE ERROR-FREE OR COMPLETELY SECURE. IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST DATA, LOST PROFITS, LOST REVENUES, BUSINESS INTERRUPTION, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESOTHER INDIRECT, INCLUDING CONSEQUENTIALINCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS EXEMPLARY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE PARTIES HEREUNDER THEORY OF LIABILITY, WHETHER OR NOT A SUCH PARTY HAS BEEN ADVISED KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES AND WHETHER BASED ON A BREACH OR NOT THE REMEDIES PROVIDED FOR HEREIN FAIL OF CONTRACTTHEIR ESSENTIAL PURPOSE, TORT (INCLUDING NEGLIGENCE)OR WHETHER FORESEEABLE OR NOT, PRODUCT LIABILITY ARISING FROM THE PERFORMANCE OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE NONPERFORMANCE OF THIS AGREEMENT, PLAYONOR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH OR RELATED TO VERIZON SYSTEMS, NETWORKS, COMPONENTS OR PROCESSES, ANY VERIZON SERVICES, EQUIPMENT, SOFTWARE OR DOCUMENTATION. VERIZON SHALL NOT BE LIABLE FOR BANDWIDTH THEFT OR OTHER MALICIOUS ACTS BY THIRD PARTIES. EACH PARTY’S MAXIMUM AGGREGATE LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR AND DAMAGES IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED IS LIMITED TO THE AMOUNTS LESSER OF (1) DIRECT DAMAGES PROVEN BY THE OTHER PARTY OR (2) THE AMOUNT OF FEES OR CHARGES PAID TO SCHOOL UNDER THIS AGREEMENTVERIZON FOR SERVICES GIVING RISE TO THE CLAIM DURING THE 12-MONTH PERIOD BEFORE THE DATE ON WHICH ANY CLAIM AROSE. THE LIMITATION LIMITATIONS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE DOES THIS SECTION 12 SHALL NOT APPLY TO (I) PLAYONCUSTOMER’S OR ITS PERSONNELPAYMENT OBLIGATIONS, INFRINGEMENT OF VERIZON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.RIGHTS, AND CUSTOMER’S INDEMNIFICATION OBLIGATIONS,

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU USE THE SERVICES AND SOFTWARE PROVIDED BY PLAYON SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “ON AN "AS IS.” PLAYON MAKES NO WARRANTIES" AND "AS AVAILABLE" BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY, EXPRESSNOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR SERVICES OR VERIFY THE IDENTITY OF OUR USERS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IMPLIED WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-­‐INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, OR ANY PART THEREOF, WILL BE AVAILABLE OR OPERATE IN NO EVENT AN UNINTERRUPTED OR ERROR-­‐FREE MANNER OR THAT ERRORS OR DEFECTS WILL EITHER PARTY BE LIABLE CORRECTED, AND WE DISCLAIM ALL LIABILITY RELATED THERETO. NOTWITHSTANDING ANYTHING TO THE OTHER CONTRARY IN THIS AGREEMENT, NONE OF MAVEN OR ANY THIRD PARTY OF OUR AFFILIATES OR EMPLOYEES SHALL BE CUMULATIVELY LIABLE FOR (A) ANY INDIRECT DAMAGES IN EXCESS OF THE FEES YOU PAID TO MAVEN DURING THE MOST RECENT 30 DAY PERIOD, OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING CONSEQUENTIALBUT NOT LIMITED TO LOSS OF PROFITS, SPECIALLOST TIME OR GOOD WILL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND DAMAGES, WHETHER BASED ON A BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE. IN ADDITIONSOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, AND NOTWITHSTANDING ANY OTHER PROVISION IN SO THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGEwithout regard to conflicts of law principles). The parties agree to submit to the exclusive jurisdiction of any California State court or any United States Federal court sitting in California over any suit, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSaction or other proceeding brought by any party arising out of or relating to this Agreement.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PLATFORM IS SUPPLIED ON AN “AS IS.” PLAYON MAKES NO WARRANTIESAND “AS AVAILABLE“ BASIS. COMPANY, COMPANY'S LICENSORS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENTNON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PLATFORM TO ACHIEVE YOUR INTENDED RESULTS, AND FITNESS FOR A PARTICULAR PURPOSETHE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY COMPANY, COMPANY'S LICENSORS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE TO FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE OTHER USE OF THE PLATFORM OR ANY RELATED THIRD PARTY FOR SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY INDIRECT DAMAGESKIND, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR WHETHER IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCEFOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), PRODUCT LIABILITY CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATEB) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.DIRECT LOSS;

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES SDK IS LICENSED WITH ALL FAULTS AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED ON AN “AS IS.AS-­‐IS” PLAYON BASIS. DATAMI MAKES NO WARRANTIESNO, EXPRESSAND HEREBY DISCLAIMS ALL, IMPLIED REPRESENTATIONS OR OTHERWISE AND SPECIFICALLY DISCLAIMS WARRANTIES WHATSOEVER WITH RESPECT TO THE SDK, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-­‐ INFRINGEMENT. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SDK AND ANY DEVELOPMENT ARE AT DEVELOPER’S SOLE RISK, AND DEVELOPER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF ANY DATA, SOFTWARE, HARDWARE OR NETWORK. IN NO EVENT WILL EITHER PARTY SHALL DATAMI BE LIABLE TO THE OTHER DEVELOPER OR TO ANY THIRD PARTY FOR ANY INDIRECT DAMAGESDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES OR COSTS (INCLUDING ATTORNEYS’ OR EXPERTS’ FEES) OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL WHATSOEVER UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING CONSEQUENTIALWITHOUT LIMITATION, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS USE OF THE PARTIES HEREUNDER WHETHER SDK, DEVELOPMENTS OR NOT A PARTY USE THEREOF OR OTHERWISE, UNDER ANY LEGAL THEORY, EVEN IF DATAMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY DAMAGES OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSCOSTS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON EFI MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SUPPORT SERVICES, SOFTWARE, OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR OTHERWISE AND IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIMS THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO THE OTHER FOR COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIMS, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAMAGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.Tier 1 Software Maintenance and Support Agreement for EFI’s JobMaster Software

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU USE THE SERVICES AND SOFTWARE PROVIDED BY PLAYON SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “ON AN "AS IS.” PLAYON MAKES NO WARRANTIES" AND "AS AVAILABLE" BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY, EXPRESSNOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR SERVICES OR VERIFY THE IDENTITY OF OUR USERS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IMPLIED WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, OR ANY PART THEREOF, WILL BE AVAILABLE OR OPERATE IN NO EVENT AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL EITHER PARTY BE LIABLE CORRECTED, AND WE DISCLAIM ALL LIABILITY RELATED THERETO. NOTWITHSTANDING ANYTHING TO THE OTHER CONTRARY IN THIS AGREEMENT, NONE OF MAVEN OR ANY THIRD PARTY OF OUR AFFILIATES OR EMPLOYEES SHALL BE CUMULATIVELY LIABLE FOR (A) ANY INDIRECT DAMAGES IN EXCESS OF THE FEES YOU PAID TO MAVEN DURING THE MOST RECENT 30 DAY PERIOD, OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING CONSEQUENTIALBUT NOT LIMITED TO LOSS OF PROFITS, SPECIALLOST TIME OR GOOD WILL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND DAMAGES, WHETHER BASED ON A BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE. IN ADDITIONSOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, AND NOTWITHSTANDING ANY OTHER PROVISION IN SO THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGEwithout regard to conflicts of law principles). The parties agree to submit to the exclusive jurisdiction of any California State court or any United States Federal court sitting in California over any suit, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSaction or other proceeding brought by any party arising out of or relating to this Agreement.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “EXCEPT AS IS.” PLAYON MAKES NO WARRANTIESEXPRESSLY SET FORTH HEREIN, EXPRESS, IMPLIED OR OTHERWISE AND PROVIDER SPECIFICALLY DISCLAIMS THE ANY OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR- FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE CUSTOMER’S HARDWARE, SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. IN NO EVENT WILL EITHER PARTY PROVIDER SHALL NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESPUNITIVE, INCLUDING CONSEQUENTIALEXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR INCIDENTAL DAMAGES WHATSOEVER CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST REVENUES OR PROFITS, LOSS OF USE OR EQUIPMENT DOWN TIME, AND LOSS OF OR CORRUPTION TO DATA) ARISING FROM OUT OF OR IN ANY WAY RELATED RELATING TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS AGREEMENT, REGARDLESS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. CUSTOMER XXXXXX AGREES THAT PROVIDER'S TOTAL LIABILITY FOR ANY AND WHETHER BASED ON A ALL LIABILITIES CLAIMS, OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWSOEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BREACH OF CONTRACTCONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE)TORT, PRODUCT STRICT LIABILITY, STATUORY LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENTSHALL NOT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT , EXCEED THE AMOUNTS FEES PAID TO SCHOOL UNDER THIS AGREEMENTPROVIDER DURING THE PREVIOUS 12-MONTH PERIOD. THE LIMITATION IN PARTIES ACKNOWLEDGE AND AGREE TO THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSFOREGOING LIABILITY RISK ALLOCATION.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES PLATFORM — INCLUDING ALL OF ITS CONTENTS, INFORMATION, AND SOFTWARE PROVIDED THE MANNER BY PLAYON ARE WHICH IT OPERATES — IS PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESAND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND SPECIFICALLY DISCLAIMS CONDITIONS WITH RESPECT TO THE IMPLIED PLATFORM, CONTENT, AND ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED ON THE PLATFORM OR THE AVAILABILITY OF ANY PRODUCT OR RESULTS THAT YOU MAY OBTAIN THROUGH THE PLATFORM. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN NO EVENT THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF WHIRLPOOL, ITS HEIRS, SURVIVORS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTERESTS, SUCCESSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS. WHIRLPOOL WILL EITHER PARTY NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESINDIRECT, INCLUDING INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER OF ANY KIND ARISING OUT OF OR RELATED YOUR USE OF OR INABILITY TO USE THE PLATFORM, ITS CONTENT, OR FROM ANY PRODUCTS OR IN THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY WAY RELATED DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, OR UNAUTHORIZED ACCESS TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS USE OF THE PARTIES HEREUNDER PLATFORM OR USER CONTENT, REGARDLESS OF WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER DAMAGES ARE BASED ON A BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE. IN ADDITIONANY OTHER LEGAL THEORY, AND NOTWITHSTANDING EVEN IF WHIRLPOOL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WHIRLPOOL WILL NOT BE LIABLE FOR DAMAGES OF ANY OTHER PROVISION KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS THIS SECTION AND ELSEWHERE IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT) ARE ALSO MADE ON BEHALF OF THE AFFILIATED ENTITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION IN OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE IMMEDIATELY PRECEDING SENTENCE DOES ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSYOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE DATA AND/OR SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE DATA AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE DATA AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO THE DATA AND/OR SERVICES AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGETORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREIN. FOR CLARITY, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S UP42 HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSTHE PRODUCTS AND DATA.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ALL PROGRAM-RELATED SERVICES) IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, ANY SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESINTUIT OR ITS SUPPLIERS, EXPRESSQUICKBOOKS OR OTHER SOFTWARE, IMPLIED ANY TRAINING GUIDE, AND/OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND ANY OTHER RELATED MATERIALS INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR MERCHANTABILITY, OR THEIR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN PROGRAM MEMBERS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE COMMENCEMENT DATE OF SUCH MEMBER’S INITIAL PROGRAM MEMBERSHIP. HOWEVER, SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS IN DURATION MAY NOT APPLY TO CERTAIN MEMBERS. IN NO EVENT WILL EITHER PARTY SHALL INTUIT OR ITS SUPPLIERS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESAMOUNTS IN EXCESS OF THE FEES PAID BY YOU TO INTUIT HEREUNDER FOR THE MOST RECENT MEMBERSHIP PERIOD, NOR SHALL INTUIT OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, INCLUDING CONSEQUENTIALWITHOUT LIMITATION, SPECIAL, LOST BUSINESS OR INCIDENTAL DAMAGES WHATSOEVER PROFITS ARISING FROM ANY MATTERS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER INTUIT OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED ITS SUPPLIERS HAVE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGE DAMAGES. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND WHETHER BASED ON A EXCLUSIVE REMEDIES FOR ANY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, THESE TERMS AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSCONDITIONS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON EFI MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SUPPORT SERVICES, SOFTWARE, OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR OTHERWISE AND IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIMS THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO THE OTHER FOR COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIMS, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAMAGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT DAMAGES. Contrat de maintenance et d’assistance logicielles de niveau 1 pour Fiery XF Les obligations d’EFI au titre du présent Contrat de maintenance et d’assistance logicielles (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY ci-après « CM AL » ou le présent « Contrat ») concernant Fiery XF (FOR ALL CLAIMS IN THE AGGREGATE« le Logiciel ») TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSse limitent aux conditions exposées ci-après.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT FOR THE SERVICES WARRANTIES SET FORTH IN THIS AGREEMENT, EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESREPRESENTATIONS, EXPRESSWHETHER EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A USE AND/OR PARTICULAR PURPOSEPURPOSES. IN NO EVENT WILL EITHER EXCEPT FOR DAMAGES AVAILABLE FOR BREACH OF ARTICLE 7, AND EXCEPT FOR INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 8, NEITHER PARTY SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES OR PROFITS OF CUSTOMER AND/OR ITS CUSTOMERS, AGENTS AND DISTRIBUTORS, OR OF SUPPLIER, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO CONNECTION WITH THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER AGREEMENT, WHETHER OR NOT A SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES BROADLY, AND WHETHER BASED ON TO ANY AND ALL PRODUCTS MANUFACTURED AND SUPPLIED HEREUNDER, AND SHALL NOT BE CONSTRUED TO APPLY ONLY TO DAMAGES OCCURRING AS A RESULT OF BREACH OF CONTRACTANY PRODUCT WARRANTIES, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING BUT SHALL ALSO APPLY TO ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH DAMAGES OCCURRING AS A CONSEQUENCE OF THIS AGREEMENT OR ANY BREACH HEREOF. ALL LIMITATIONS OF LIABILITY, PURSUANT TO THE TERMS HEREIN, SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. EXCEPT FOR DAMAGES ARISING FROM [*] OR DAMAGES AVAILABLE FOR [ * ], UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE TO CUSTOMER FOR ANY CLAIM UNDER THIS AGREEMENT IN AN AMOUNT EXCEEDING THE LIMITATION GREATER OF [ * ] OR [ * ]. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY SECURITIES AND EXCHANGE COMMISSION PURSUANT TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGERULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSAS AMENDED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN ¡°AS IS¡± AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “¡°AS IS.” PLAYON MAKES NO WARRANTIESAVAILABLE¡° BASIS. UBISOFT UBISOFT¡¯S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENTNON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FITNESS FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT, UBISOFT¡¯S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A PARTICULAR PURPOSEDISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, UBISOFT¡¯S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL EITHER PARTY UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT¡¯S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM UBISOFT¡¯S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR ANY LIMITED UNDER APPLICABLE LAW. FOR PURPOSES OF THIS SECTION 6, UBISOFT¡¯S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSXXXX AGAINST YOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROGRAM CONTENT IS PROVIDED BY PLAYON ARE PROVIDED “UNDER THIS AGREEMENT ‘AS IS.” PLAYON MAKES NO WARRANTIES’ WITHOUT WARRANTY OF ANY KIND, EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR WARRANTIES THAT THE PROGRAM CONTENT IS FREE OF DEFECTS. PARTICIPANT BEARS THE ENTIRE RISK IN CONNECTION WITH ITS USE OF THE PROGRAM CONTENT UNDER THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PROGRAM CONTENT IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF THE OTHER PARTY FOR OR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITIONNO EVENT WILL EITHER PARTY’S TOTAL, AND NOTWITHSTANDING ANY AGGREGATE LIABILITY TO THE OTHER PROVISION IN EXCEED THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY GREATER OF: (FOR ALL CLAIMS IN A) FIVE THOUSAND UNITED STATES DOLLARS (USD $5,000); OR (B) THE AGGREGATEPROGRAM FEES (IF ANY) TO SCHOOL PAID BY PARTICIPANT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED FOR THE AMOUNTS PAID ONE YEAR PERIOD PRIOR TO SCHOOL UNDER THIS AGREEMENTTHE EVENT GIVING RISE TO THE CLAIM. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES FOREGOING LIMITATIONS SHALL NOT APPLY TO (I) PLAYONA PARTY’S BREACH OF ITS CONFIDENTIALITY AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS OBLIGATIONS HEREUNDER, OR ITS PERSONNELTO A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; FRAUD OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSFRAUDULENT MISREPRESENTATION.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND The warranty set forth above in paragraph 4 is the only warranty provided to Licensee and except thereof ALL SOFTWARE IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO " WITHOUT WARRANTY OF ANY KIND. SONOPLOT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED IMPLIED, OR OTHERWISE AND SPECIFICALLY DISCLAIMS STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR- FREE OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. IN NO EVENT THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY LICENSEE. Local law In some jurisdictions may limit the foregoing limitation of liability. SONOPLOT ITS AGENT AND DEALERS WILL EITHER PARTY NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER OR ANY THIRD PARTY LICENSEE FOR ANY INDIRECT DAMAGESPUNITIVE, INCLUDING CONSEQUENTIALDIRECT, SPECIALINCIDENTAL, INDIRECT, SPECIAL OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM USE OF THE SOFTWARE OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS EVEN IF SONOPLOT AND ITS AGENTS AND DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. IN NO EVENT SHALL SONOPLOT'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGE, LOSSES, AND CAUSES OF ACTION (WHETHER BASED ON A BREACH OF CONTRACT, IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ) OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS LICENSE FEES ACTUALLY PAID DURING THE 12-MONTH PERIOD PRIOR TO SCHOOL UNDER THE DATE ON WHICH THE CLAIM AROSE, OR IF GRATER THE PURCHASE PRICE OF THE INSTRUMENT. THESE DISCLAIMERS OF LIABILITY WILL NOT BE AFFECTED IF ANY LIMITED REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SONOPLOT AND ITS LICENSOR DEALERS AND AGENTS AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AFFILIATES OR AGENTS FROM AND AGAINST ANY AND ALL DAMAGE, LIABILITY AND OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM LICENSEE USE OF THE SOFTWARE OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE SERVICE IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES, " AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS STATUTORY OR ARISING FROM CUSTOM OR TRADE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. IN PITNEY XXXXX ACCEPTS NO EVENT RESPONSIBILITY FOR ERRORS OR TECHNICAL DIFFICULTIES WITH THE FUNCTIONALITY OF THE SERVICE, AND DOES NOT GUARANTEE THAT YOUR SERVICE WILL EITHER PARTY BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE SERVICE, LIKE ALL SOFTWARE RELATED PRODUCTS, MAY BE SUBJECT TO KNOWN OR UNKNOWN ANOMALIES, WHICH MAY AFFECT ITS ABILITY TO PERFORM POSTAGE PRINTING ON ADDRESSESPUT INTO THE SERVICE. FOR EXAMPLE, DEPENDING ON THE ACCURACY OF YOUR LIST AND THE CITIESTO WHICH YOU MAIL, INCORRECT CODING MAY OCCUR. YOU UNDERSTAND AND AGREE THAT PITNEY XXXXX IS NOT RESPONSIBLE OR LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT SUCH ANOMALIES. PITNEY XXXXX IS NOT LIABLE FOR ANY DAMAGES, INCLUDING CONSEQUENTIALLOST PROFITS, LOST SAVINGS, LOST POSTAGE, OR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY), LOSS OF BUSINESS, DECREASE IN THE VALUE OF ANY SECURITIES OR CASH POSITION, TIME, MONEY, GOODWILL, ARISING FROM OUT OF OR IN ANY WAY RELATED CONNECTION WITH THE USE OR INABILITY TO THIS AGREEMENT OR USE THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY SERVICE EVEN IF PITNEY XXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOUR SOLE REMEDY IS TO TERMINATE USE OF THE SERVICE. PITNEY XXXXX RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND WHETHER BASED ON A BREACH CONTROL OF CONTRACTANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, TORT (INCLUDING NEGLIGENCE)AND IN SUCH CASE, PRODUCT LIABILITY OR OTHERWISEYOU AGREE TO COOPERATE WITH PITNEY XXXXX IN DEFENSE OF SUCH CLAIM. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM NO EVENT SHALL PITNEY XXXXX' LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL EXCEED $50.00. SOME STATES DO NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. ALLOW THE LIMITATION IN OR EXCLUSION OF LIABILITY FOR INCIDENTALS OR CONSEQUENTIAL DAMAGES, SO THE IMMEDIATELY PRECEDING SENTENCE DOES ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Notwithstanding the above, any limitation of liability is subject to the provisions of Tenn. Code Xxx. §12- 3-701. The State of Tennessee shall have no liability except as specifically provided in this Agreement. In no event will the State be liable to Pitney Xxxxx or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time, money, goodwill, or any indirect, special, incidental, punitive, exemplary or consequential damages of any nature, whether based on warranty, contract, statute, regulation, tort (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGEincluding but not limited to negligence), PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION or any other legal theory that may arise under this Agreement or otherwise. YOUR MAXIMUM LIABILITY FOR A BREACH OF THIS AGREEMENT WILL BE LIMITED TO INDEMNIFY SCHOOL THE THEN CURRENT COMMERCIAL LIST PRICE FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSUCH BREACH AS IF THE BREACH HAD NOT OCCURRED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT FOR THE SERVICES WARRANTIES SET FORTH IN THIS AGREEMENT, EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESREPRESENTATIONS, EXPRESSWHETHER EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A USE AND/OR PARTICULAR PURPOSEPURPOSES. IN NO EVENT WILL EITHER EXCEPT FOR DAMAGES AVAILABLE FOR BREACH OF ARTICLE 7, AND EXCEPT FOR INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 8, NEITHER PARTY SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES OR PROFITS OF CUSTOMER AND/OR ITS CUSTOMERS, AGENTS AND DISTRIBUTORS, OR OF SUPPLIER, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO CONNECTION WITH THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER AGREEMENT, WHETHER OR NOT A SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES BROADLY, AND WHETHER BASED ON TO ANY AND ALL PRODUCTS MANUFACTURED AND SUPPLIED HEREUNDER, AND SHALL NOT BE CONSTRUED TO APPLY ONLY TO DAMAGES OCCURRING AS A RESULT OF BREACH OF CONTRACTANY PRODUCT WARRANTIES, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING BUT SHALL ALSO APPLY TO ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH DAMAGES OCCURRING AS A CONSEQUENCE OF THIS AGREEMENT OR ANY BREACH HEREOF. ALL LIMITATIONS OF LIABILITY, PURSUANT TO THE TERMS HEREIN, SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNELEXCEPT FOR DAMAGES ARISING FROM SUPPLIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING OR DAMAGES AVAILABLE FOR BREACH OF ARTICLE 7, UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE TO CUSTOMER FOR ANY CLAIM UNDER THIS AGREEMENT IN PROPERTY DAMAGEAN AMOUNT EXCEEDING THE GREATER OF 50% OF THE AMOUNTS PAYABLE BY CUSTOMER TO SUPPLIER DURING THE PRIOR TWELVE MONTHS OR THREE MILLION DOLLARS ($3,000,000.00). [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSRULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.