Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTServices provided hereunder are part of a telecommunications service available to the public from a network serving all System customers as an integrated System. System routes all communications through central points of control used by other public traffic. We do not guarantee that there will be no gaps, EACH interruptions or delays in Services. You may experience variations in Services and access times based upon the location involved, the other traffic on the System, or conditions of System. You may fail to obtain or maintain access due to a lack of coverage in a particular area, use of low powered portable equipment in areas where higher powered mobile equipment is needed, radio frequency propagation effects, the effects of weather, the effects of natural and constructed obstructions, equipment maintenance and upgrades, System facilities and changes, repairs and malfunctions, and public usage exceeding capacity. SERVICES MAY BE DEPENDENT UPON THIRD PARTY PROVIDERS AND MAY BE DISRUPTED OR CANCELED DUE TO ACTIONS OF NOVATIONTHE THIRD PARTY PROVIDERS. WE DO NOT MAKE ANY, VHAAND HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, UHC AND HPPI DISCLAIMS ALL STATUTORY, EXPRESS AND OR IMPLIED, REGARDING THE SYSTEM, EQUIPMENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES WE DO NOT WARRANT THAT IT ANY SERVICES WILL MEET ANY OF YOUR REQUIREMENTS OR THAT THE PERFORMANCE OF SERVICES OR CONTENT THEREON WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES UNINTERRUPTED, TIMELY, APPROPRIATE OR THAT USE FREE OF THE SERVICES, ACCESS TO PRODUCT DATA ERRORS OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEINACCURACIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO ANY WARRANTY REGARDING FEATURESFOR APPLICATIONS, SOFTWARE OR SERVICES CERTAIN EQUIPMENT IS SOLELY PROVIDED BY THIRD PARTIESTHE MANUFACTURER OR DEVELOPER. THE ONLY WARRANTIES ON THE EQUIPMENT ARE LIMITED WARRANTIES AVAILABLE AT XXX.XXXXXXXXXXXX.XXX. WE FURTHER DISCLAIM ANY HARM THAT MAY RESULT FROM THE USE OR MISUSE OF ANY EQUIPMENT, APPLICATIONS OR SOFTWARE, OR PORTION THEREOF.

Warranty Disclaimer. EXCEPT THE DATABASE TO WHICH CUSTOMER IS BEING GIVEN ACCESS IS ACTUALLY A COLLECTION OF DATABASES, MANY OF WHICH ARE PROVIDED BY THIRD PARTIES OVER WHOM DataTrax HAS NO CONTROL. THUS, DATABASE ACCESS IS PROVIDED AS EXPRESSLY SET FORTH IN IS. DataTrax MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO CUSTOMER OR ANY THIRD PARTY, WITH RESPECT TO SERVICES OR DATA MADE AVAILABLE BY MEANS OF THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTTRUTH, MERCHANTABILITY ACCURACY AND / OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSCORRECTNESS OF ANY INFORMATION CONTAINED IN SAID DATABASE, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTANY WARRANTIES OF MERCHANTABILITY OR QUALITY FOR THE ORDINARY PURPOSES FOR WHICH THE DATABASE IS USED, ANY WARRANTIES OF SYSTEM INTEGRATION, AND IMPLIED / OR ANY WARRANTIES ARISING FROM COURSE OF DEALING QUIET ENJOYMENT OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES DataTrax ASSUMES NO REPRESENTATION OR WARRANTY RESPONSIBILITY WITH RESPECT TO ACCURACY ANY USE OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN ANY OF THE SERVICES OR DATABASE INFORMATION MADE AVAILABLE BY DataTrax, AND THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY, EFFORT AND UTILITY IS WITH THE CUSTOMER. CUSTOMER ACKNOWLEDGES THAT USE IT IS IN NO SPECIAL RELATIONSHIP OF RELIANCE UPON DataTrax AND IS NOT RELYING UPON THE ADVICE, JUDGMENT, OR SKILL OF DataTrax EMPLOYEES OR AGENTS IN ENTERING INTO THIS AGREEMENT. THERE IS NO WARRANTY THAT THE DATABASE, OR INFORMATION CONTAINED THEREIN, WILL FULFILL ANY OF CUSTOMER'S PARTICULAR PURPOSES OR NEEDS. CUSTOMER AGREES THAT DataTrax SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR THE LOSS OF PROFIT, REVENUE, OR DATA ARISING OUT OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY SUBJECT MATTER OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.THIS AGREEMENT

Warranty Disclaimer. EXCEPT FOR ANY WARRANTY THAT MAY BE OFFERED BY ROCHE, THE TABLEAU SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE, IS PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC IS” AND HPPI TABLEAU MAKES NO WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE TABLEAU SOFTWARE AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED LIMITATION WARRANTIES OF NON-INFRINGEMENTTITLE, NONINFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE 7. Limitation of Damages and Remedies IN NO EVENT SHALL TABLEAU BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR USEOTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE TABLEAU SOFTWARE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH NOTWITHSTANDING ANYTHING IN THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD END USER AGREEMENT TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH CONTRARY, THE TOTAL LIABILITY OF TABLEAU TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN ANY EVENT EXCEED THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES FEES PAID BY CUSTOMER WITH RESPECT TO THE FUNCTIONALITY TABLEAU SOFTWARE. TABLEAU SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF TABLEAU HAS BEEN ADVISED OF THE GHX EXCHANGE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT TABLEAU WOULD NOT PERMIT CUSTOMER TO USE THE TABLEAU SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESEND USER AGREEMENT SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 15 OR IN THE SLA, EACH OF NOVATIONCLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, VHAQUIVERS SOLUTION AND QUIVERS SITE, UHC AND HPPI DISCLAIMS ALL EXPRESS THE INFORMATION AND IMPLIED WARRANTIESANY CONTENT CONTAINED THEREON, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SERVICE PROVIDER HEREBY QUIVERS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIESOTHER WARRANTIES OF ANY KIND, INCLUDINGEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING PURPOSE OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR WARRANTY WITH RESPECT TO ACCURACY SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF DATACLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE PROVIDER XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT IT CLIENT WILL BE ABLE TO CORRECT ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL REPORTED DEFECTS IN TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE SERVICES QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE UNINTERRUPTED OR ERROR-FREESOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER QUIVERS PROVIDES NO WARRANTIES WITH RESPECT TO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE FUNCTIONALITY PROVISION, OPERATION, OR USE OF GIFT CARDS, THE GHX EXCHANGE SOFTWARE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINREGULATIONS, SERVICE PROVIDER MAKES NO WARRANTY OR PRIVACY OR SECURITY REQUIREMENTS REGARDING FEATURES, SOFTWARE OR SERVICES INFORMATION PROVIDED BY THIRD PARTIESOR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENT, EACH INCLUDING BUT NOT LIMITED TO WARRANTIES OF NOVATIONMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, VHAEXPRESSED OR IMPLIED, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSMERCHANTABILITY, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE PROVIDER PROVIDES ALL OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER “ARE PROVIDED "AS IS.” SERVICE PROVIDER " WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIMS ALL IMPLIED WARRANTIESDISCLAIM ANY LIABILITY FOR, INCLUDINGINDIRECT, WITHOUT LIMITATIONCOMPENSATORY, WARRANTIES CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ANY KIND ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO ACCURACY OF DATARECEIVE, THE REPORTS. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICESMultex's and its Contributors shall not have any obligation or liability to BLP or any third party relating to, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEor arising (i) the supplying, furnishing or the failure to supply or furnish the Reports (including the information contained therein) or Services, (ii) errors or omissions in connecting, routing, processing, transmitting, distributing or displaying the Reports, or (iii) the accuracy of the Reports or securities or commodities information and prices, and related market and statistical information and prices displayed, carried or furnished by or through the Services. EXCEPT AS EXPRESSLY PROVIDED HEREINMultex and Contributors shall not have any liability for damages, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREdirect or indirect, special, consequential, compensatory, lost profits, for any defaults arising out of this Agreement. EXCEPT AS EXPRESSLY PROVIDED HEREINMultex maximum liability hereunder for any other cause not exculpated hereunder, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESwhether in tort or contract, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESshall not exceed the actual damages. Multex may discontinue and terminate providing all or a portion of the Reports upon ten (10) days prior notice (or such shorter notice if the Contributor so directs) (i) if the Contributor of such Reports notifies and directs Multex to discontinue or terminate providing the Reports, (ii) BLP has breached its agreement with the Contributor, (iii) Contributor has terminated its agreement with BLP, (iv) Contributor discontinues offering such Reports, (v) Contributor, for whatever reason, directs Multex to discontinue providing the Reports to BLP, (vi) BLP has not received authorization from Contributor to receive the Reports, and (vii) Contributor terminates its agreement with Multex. BLP recognizes and understands that Multex cannot and does not guarantee in any way, the content, timeliness, or availability of the Reports or Services. Accordingly, BLP agrees that Multex shall not have any obligation or liability to BLP (whether caused directly or indirectly) relating to or arising out of (i) the interruption, delay or failure in connecting, transmitting, routing, delivery, or distributing the Services or Reports, (ii) errors in connecting, transmitting, processing, disseminating, furnishing, displaying or distributing the Reports or Services, (iii) the unavailability of Reports or Services, (iv) the accuracy of the Reports (including the securities, pricing or commodities information contained therein) or the accuracy of the Reports as may be displayed, furnished or transmitted by or through the Services, (v) errors in entitling BLP with Reports that BLP is not entitled to receive or the failure to entitle BLP, (vi) the acts or omissions of the Contributors, including the termination or discontinuance of the Reports by Contributors to Multex or BLP. Multex's sole liability to BLP or any Third Party for claims, notwithstanding the form of such claims (e.g., contract, negligence or otherwise), arising out of items (i) through (vi) above, shall be to use reasonable efforts to resume the Services, make the Services or Reports available to BLP or correct any errors as promptly as reasonably and feasibly practicable.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SUPPLEMENTAL LICENSE AGREEMENT, EACH OF NOVATIONTHE PLA OR IN THE SETTLEMENT AGREEMENT, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY IMPLIED REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF NON-INFRINGEMENTANY KIND, MERCHANTABILITY EITHER EXPRESS OR FITNESS FOR A PARTICULAR PURPOSE IMPLIED, INCLUDING ANY EXPRESS OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO INCLUDING WITHOUT LIMITATION (1) FOR THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPURDUE COMPANIES, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE GHX EXCHANGE SOFTWARE AND PURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS SUPPLEMENTAL LICENSE AGREEMENT, THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINPLA OR THE SETTLEMENT AGREEMENT, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED OF EITHER PARTY HERETO OR THEIR AFFILIATES. FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION CLAIMED IN ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF IMPAX PRODUCTS BY IMPAX DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTIESPARTY WHO IS NOT AN AFFILIATE OF THE PURDUE COMPANIES. IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO IMPAX IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE IMPAX PRODUCT. FURTHER, IMPAX WILL NOT OWE ANY SUCH GUARANTEE OR WARRANTY TO ANY THIRD PARTIES ON BEHALF OF THE PURDUE COMPANIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH EXPLICITLY STATED IN SUBSECTIONS 12.1 AND 12.3 OF THIS AGREEMENT, EACH THE APPLICABLE STATEMENT OF NOVATIONWORK, VHAAND THE SERVICE LEVEL AGREEMENT, UHC AND HPPI TO THE EXTENT PERMITTED BY LAW, BYNDER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF PERFORMANCE OR RESULTS CUSTOMER MAY OBTAIN BY USING THE PRODUCT, AND IMPLIED WARRANTIESANY WARRANTY OF SATISFACTORY QUALITY, INCLUDINGMERCHANTABILITY, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER IN CONNECTION WITH RESPECT TO ANY PRODUCTS SOLD THROUGH CUSTOMER’S PURCHASE OF THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN PRODUCT UNDER THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER BYNDER DOES NOT WARRANT THAT IT THE PRODUCT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES MEET CUSTOMER REQUIREMENTS OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-ERROR FREE. EXCEPT THE PRODUCT IS PROVIDED “AS EXPRESSLY PROVIDED HEREINIS”, SERVICE PROVIDER PROVIDES NO WARRANTIES AND THE ENTIRE RISK AS TO ITS SATISFACTORY USE IS WITH RESPECT CUSTOMER. CUSTOMER ACKNOWLEDGES THAT IT HAS CARRIED OUT INDEPENDENT RESEARCH AND ANALYSIS AS TO THE FUNCTIONALITY APPROPRIATENESS OF THE GHX EXCHANGE SOFTWARE PRODUCT AND PROFESSIONAL SERVICES FOR ITS REQUIREMENTS, HAS RELIED UPON ITS OWN INDEPENDENT RESEARCH TO MAKE AN INFORMED DECISION TO SELECT BYNDER TO DELIVER THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINPRODUCT AND PROFESSIONAL SERVICES, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE AND HAS NOT RELIED UPON ANY WRITTEN OR SERVICES PROVIDED BY THIRD PARTIESORAL ADVICE FROM BYNDER.

Warranty Disclaimer. EXCEPT AS ‌ You acknowledge that the Solutions and Services may not satisfy all Your requirements or be free from defects. We warrant for a period of one year from the date on which installation of the Product or access to the Hosted Services is recorded, that the Products will be free from defects in materials and workmanship under normal use. OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT OUR OPTION, EITHER (A) RETURN OF THE PRICE PAID, IF ANY, OR (B) REPAIR OR REPLACEMENT OF THE PRODUCT THAT DOES NOT MEET OUR LIMITED WARRANTY. This Limited Warranty is void if failure of the Product has resulted from Your choice of equipment from a third party, from incorrect use by You or any third party or caused by accident, abuse, or misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDINGEITHER EXPRESS OR IMPLIED, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE OR OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SOLUTIONS, ACCOMPANYING WRITTEN MATERIALS, THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN , CUSTOM SOLUTIONS AND/OR RESULTING FROM THEIR PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENTAGREEMENT OR RESULTING FROM THE FURNISHING, PERFORMANCE, USE OR LOSS OF USE OF ANY PART OF THE SOLUTIONS, CUSTOM SOLUTIONS, OR ANY DATA, INFORMATION OR OTHER PROPERTY OF CUSTOMER, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF CUSTOMER’S BUSINESS, DELAYS, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS FAILURES, AND OTHER PROBLEMS INHERENT IN THE SERVICES OR THAT USE OF THE SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL OF WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY, ACCESS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO PRODUCT DATA OR LINKS YOU, BUT NOTE THAT TO THE MAXIMUM EXTENT PERMITTED, THE SUBSTANTIVE LAW GOVERNING THIS AGREEMENT IS DEFINED IN PROVISION 19.1 AND MAY NOT BE THE LAW OF YOUR JURISDICTION. IF YOU DO HAVE OTHER SUPPLIER MATERIALS STATURORY RIGHTS, YOU ACKNOWLEDGE THAT THE DURATION OF SUCH RIGHTS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT LIMITED TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED SHORTEST PERIOD PERMITTED BY THIRD PARTIESLAW.

Warranty Disclaimer. EXCEPT AS FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTIONS 7(a)-7(c), OF THIS AGREEMENT, EACH OF NOVATIONTHE SOFTWARE, VHA(INCLUDING INITIAL LICENSE CONFIGURATION), UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESPROFESSIONAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTRAINING SERVICES, SERVICE PROVIDER PROVIDES ALL DELIVERABLES, MAINTENANCE SERVICES, AND HOSTING SERVICES HEREUNDER ARE PROVIDED “AS IS.” SERVICE PROVIDER HEREBY AND OPIE EXPRESSLY DISCLAIMS ALL ANY EXPRESS, IMPLIED WARRANTIESOR STATUTORY WARRANTIES AND CONDITIONS (INCLUDING THOSE BY OUR SUPPLIERS), INCLUDING, WITHOUT LIMITATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES THAT THE SOFTWARE (INCLUDING INITIAL LICENSE CONFIGURATION), PROFESSIONAL SERVICES, TRAINING SERVICES, SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND HOSTING SERVICES WILL BE FREE OF INTERRUPTIONS OR ERRORS. OPIE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OPIE’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES ARISING OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD JURISDICTION TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESJURISDICTION.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 11.1, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLUBWORKS, INC. PRODUCTS AND ALL SERVICES ARE PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” AND WITH ALL FAULTS. CLUBWORKS, EACH INC. AND MEDALLIA: (I) DO NOT REPRESENT OR WARRANT THAT THE (A) CLUBWORKS, INC. PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, (B) ANY CLUB OWNER CONTENT, CLUBWORKS, INC. PRODUCTS DATA, OR OTHER STORED DATA WILL BE ACCURATE, OR NON-CORRUPTED, OR (C) THAT CLUBWORKS, INC. PRODUCTS WILL BE FREE OF NOVATIONANY VIRUSES OR MALICIOUS CODE WHICH CANNOT BE DETECTED USING COMMERCIALLY AVAILABLE PRODUCTS AND (II) SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, VHAEITHER EXPRESS OR IMPLIED, UHC WITH RESPECT TO CLUBWORKS, INC. PRODUCTS. CLUBWORKS, INC. PRODUCTS DATA, OR OTHER STORED DATA AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESANY RELATED SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTREGARDLESS OF ANY KNOWLEDGE OF CLUB OWNER’S PARTICULAR NEEDS. CLUB OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESFULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTNEITHER CLUBWORKS, INC. NOR MEDALLIA SHALL BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS FAILURES AND OTHER PROBLEMS INHERENT IN THE SERVICES OR THAT USE OF THE SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF CLUBWORKS, ACCESS INC., EXCEPT AS OTHERWISE STATED HEREIN. CLUBWORKS, INC. AND MEDALLIA MAKE NO REPRESENTATIONS OR WARRANTIES AS TO PRODUCT THE STATISTICAL SIGNIFICANCE OF CLUBWORKS, INC. PRODUCTS DATA OR LINKS ANY OTHER INFORMATION PROVIDED BY OR DERIVED FROM CLUBWORKS, INC. PRODUCTS OR THE SUITABILITY OF THIS DATA FOR USE IN ANY WAY, INCLUDING WITHOUT LIMITATION, TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED MAKE BUSINESS, ECONOMIC, EMPLOYMENT, FRANCHISE OR ERROR-FREEPROMOTIONAL DECISIONS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT IT IS CLUB OWNER’S SOLE RESPONSIBILITY TO DETERMINE THE FUNCTIONALITY SUITABILITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARECLUBWORKS, INC. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESPRODUCTS DATA FOR ALL USES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTHEREIN, EACH OF NOVATION, VHA, UHC ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, “AS-AVAILABLE” BASIS WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTANY KIND, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSAND, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFULLEST EXTENT PERMITTED BY LAW, EXTRAHOP AND ITS SUPPLIERS, SERVICE PROVIDER PROVIDES PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTFUNCTIONALITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING MERCHANTABILITY, OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER EXTRAHOP MAKES NO WARRANTY REGARDING FEATURESTHAT THE OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, SOFTWARE ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR SERVICES PROVIDED BE SECURE OR ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY THIRD PARTIESLAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT I.T. SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF NOVATIONANY KIND, VHAEXPRESS OR IMPLIED, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESWITH RESPECT TO ANY ITEMS OR SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSARISING BY USAGE OF TRADE, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING DEALING, OR COURSE OF PERFORMANCE WITH REGARD TO PERFORMANCE, AND EACH PARTY HEREBY DISCLAIMS THE SERVICESSAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTNECS DOES NOT REPRESENT OR WARRANT THAT ANY SERVICES OR NECS PROPERTY WILL BE FREE OF ERRORS, SERVICE PROVIDER MAKES NO REPRESENTATION DEFECTS OR WARRANTY WITH RESPECT TO ACCURACY OF DATAINACCURACIES, OR THAT THEY WILL BE ACCESSIBLE WITHOUT INTERRUPTION. SERVICE PROVIDER NECS DOES NOT WARRANT OR GUARANTEE THAT IT ANY TECHNICAL ASSISTANCE WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS RESULT IN THE SERVICES OR THAT USE A RESOLUTION OF THE SERVICESISSUES FOR WHICH THE ASSISTANCE WAS PROVIDED. NECS DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION SERVICE WILL FUNCTION ON ALL COMPUTERS. LIKEWISE, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT NECS DOES NOT GUARANTEE THAT ANY WEB FORM PROVIDED AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY PART OF THE GHX EXCHANGE SOFTWARE AND APPLICATION SERVICE WILL FUNCTION ON ALL BROWSERS OR OPERATING SYSTEMS. FOR THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINAVOIDANCE OF DOUBT, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESNOTWITHSTANDING SECTION 7.2, SOFTWARE OR ANY SERVICES PROVIDED BY THIRD PARTIESNECS IN BETA FORMAT ARE PROVIDED AS IS, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED, AND CUSTOMER UNDERSTANDS THAT ALL FUNCTIONS OF THE APPLICATION SERVICE MAY NOT BE AVAILABLE AT THE TIME OF THE BETA TEST.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “"AS IS.” " SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTHEREIN, EACH OF NOVATION, VHA, UHC ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, “AS-AVAILABLE” BASIS WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTANY KIND, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSAND, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFULLEST EXTENT PERMITTED BY LAW, EXTRAHOP AND ITS SUPPLIERS, SERVICE PROVIDER PROVIDES PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTFUNCTIONALITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING MERCHANTABILITY, OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER EXTRAHOP MAKES NO WARRANTY REGARDING FEATURESTHAT THE OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, SOFTWARE ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR SERVICES PROVIDED BE SECURE OR ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY THIRD PARTIESLAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT IT SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTExcept as set expressly provided in Solodev's Agreement, EACH OF NOVATIONSolodev is not liable for any delay or failure to perform its obligations under this Agreement, VHAwhere the delay or failure results from any act of God or other cause beyond its reasonable control (including, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESwithout limitation, INCLUDINGany mechanical, WITHOUT LIMITATIONelectronic, ANY IMPLIED WARRANTIES OF NONcommunications, or third-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGEparty supplier failure). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF MERCHANTABILITYDEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, NONINFRINGEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND IMPLIED OTHER SERVICES MADE AVAILABLE BY SOLODEV OR ANY THIRD PARTY VENDORS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS AND NEITHER SOLODEV, ITS PARENT COMPANY, NOR THEIR AFFILIATES AND SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO REGARDING THE SERVICES. EXCEPT FREE SERVICES AND BETA SERVICES ARE PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR WARRANTY WITH RESPECT TO ACCURACY OF DATADAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESDefects should be promptly reported via submitting electronic tickets to xxxx@xxxxxxx.xxx.

Warranty Disclaimer. BY INSTALLING, COPYING OR OTHERWISE USING LIGHTING ANALYSTS’ PRODUCTS, CUSTOMER AGREES TO TAKE AND USE LIGHTING ANALYSTS’ PRODUCTS “AS IS”. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN THIS AGREEMENTSECTION 6.1 (LIMITED WARRANTY) HEREOF, EACH OF NOVATION, VHA, UHC LIGHTING ANALYSTS MAKES AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED THE CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SOFTWARE, THE MATERIALS, THE PAYMENT SERVICES, IF ANY, THE MAINTENANCE, THE SUPPORT, AND/OR ANY SERVICES PROVIDED BY LIGHTING ANALYSTS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE PAYMENT SERVICES, THE LICENSED SOFTWARE, THE SOFTWARE, AND THEIR FUNCTIONALITY IN THE MATERIALS OR ANY COMMUNICATION WITH THE CUSTOMER CONSTITUTES DESCRIPTIVE INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, LIGHTING ANALYSTS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER LIGHTING ANALYSTS DOES NOT WARRANT THAT IT THE OPERATION OR OUTPUT OF THE SOFTWARE WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICESACCURATE, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, RELIABLE, COMPLETE OR UNINTERRUPTED. EXCEPT AS EXPRESSLY PROVIDED HEREINLIGHTING ANALYSTS DOES NOT WARRANT THAT THE SOFTWARE, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINMATERIALS, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESPAYMENT SERVICES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESHEREUNDER WILL BE FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER LIMITATIONS. Some states do not allow the exclusion of implied warranties, therefore the above exclusions may not apply to Customer, in which case any implied warranties are limited in duration to thirty (30) days from date of purchase.

Warranty Disclaimer. EXCEPT THE SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PENTAIR EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS WARRANTIES AND IMPLIED WARRANTIESCONDITIONS, INCLUDINGWHETHER EXPRESS, WITHOUT LIMITATIONIMPLIED, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTSTATUTORY OR OTHERWISE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSERVICE, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS INCLUDING ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE WITH REGARD TO PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOREGOING, SERVICE PROVIDER PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WARRANTY WORK WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT ANY OTHER APPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT IT ANY ERRORS OR DEFECTS CAN OR WILL BE ABLE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT AND USE OF THE SERVICESSERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES INCLUDING WITH RESPECT TO THE FUNCTIONALITY OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE GHX EXCHANGE SOFTWARE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE CLIENT SOFTWAREPROPER OPERATION, SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE. EXCEPT AS EXPRESSLY PROVIDED HEREINTHE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESIN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 13(A), THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS EXPRESSLY SET FORTH IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN THIS AGREEMENTCONNECTION HEREWITH. XXXXXX, EACH OF NOVATIONITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, VHATHE SOFTWARE SERVICES, UHC THE SERVICES, THE PROFESSIONAL SERVICES AND HPPI DISCLAIMS ALL EXPRESS ANY OTHER PRODUCTS, SERVICES AND IMPLIED WARRANTIESMATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING TITLE OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER XXXXXX DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO CORRECT THE SERVICES OR THE SOFTWARE SERVICES SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL REPORTED OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR THAT USE SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, XXXXXX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES, ACCESS TO PRODUCT DATA ) AND ASSUMES NO RESPONSIBILITY OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES LIABILITY WITH RESPECT TO THE FUNCTIONALITY FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE GHX EXCHANGE SOFTWARE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED SIGNED BY THIRD PARTIESAN AUTHORIZED SIGNING OFFICER OF XXXXXX.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS AGREEMENT, EACH OF NOVATIONCM MAKES NO WARRANTY, VHA(EXPRESS, UHC IMPLIED OR STATUTORY) AND HPPI HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH CONDITIONS, INCLUDING THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNON-INFRINGEMENT, AND IMPLIED WARRANTIES ANY WARRANTY ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE OF PERFORMANCE TRADE PRACTICE. ALL SERVICES PROVIDED BY CM ARE PERFORMED AND PROVIDED ON AN “AS-IS”, “AS AVAILABLE” AND “WITH REGARD TO THE SERVICESALL FAULTS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER CM DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR ITS WORK PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT DELAY. CUSTOMER ACKNOWLEDGES THAT THE FUNCTIONALITY AND INTERFACES OF THE SERVICES MAY CHANGE OVER TIME. TO THE EXTENT ANY OF THE SERVICES ENABLE CUSTOMER TO ACCESS ANY CRYPTOCURRENCY DATA SETS OF EITHER CRYPTOCURRENCY NETWORK OR MARKET DATA (“SERVICE DATA”) AND/OR ANY CORRELATIONS AND OTHER DERIVED ANALYTICS OF THE VARIOUS DATA THAT CM OR ITS LICENSORS HAVE GENERATED (“SERVICE ANALYSIS”), THEN CUSTOMER: (I) ACKNOWLEDGES AND AGREES THAT CM IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY OR COMPLETENESS OF ANY SERVICE DATA OR SERVICE ANALYSIS, AND (II) SHALL BE RESPONSIBLE AND LIABLE FOR ITS USE OF THE SERVICES, SERVICE DATA AND/OR SERVICE ANALYSIS. CM PROVIDES ACCESS TO PRODUCT CERTAIN DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT THROUGH ITS SERVICES TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES EXTENT IT IS PROVIDED BY ITS SOURCES (“THIRD PARTIESPARTY DATA”). CM DOES NOT MAINTAIN OR CONTROL SUCH THIRD-PARTY DATA PROVIDERS AND ACCORDINGLY IS NOT RESPONSIBLE FOR THE AVAILABILITY, COMPLETENESS, TIMELINESS, FACTUAL ACCURACY, OR NON-INFRINGEMENT OF SUCH THIRD PARTY DATA, WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER UNDERSTANDS THAT CM AND/OR THIRD-PARTY DATA PROVIDERS TO THE SERVICES MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR DATA FROM BEING ACCESSED UNDER THIS AGREEMENT.

Warranty Disclaimer. EXCEPT THE SERVICES, THEIR USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO GUARANTEES WITH RESPECT THERETO, EACH OF NOVATIONAND DOES NOT GUARNATEE THAT ANY INVENTORY WILL BE AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY COMPANY MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND NON-INFRINGEMENT), AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATAHEREIN. SERVICE PROVIDER COMPANY DOES NOT WARRANT THAT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES OR OTHER ACTIONS. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF ANY END USER OR RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL INSERTION ORDERS AND CAMPAIGNS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND INVENTORY. COMPANY WILL MAKE GOOD FAITH EFFORTS TO MEET SCHEDULED DELIVERY OF ADVERTISEMENTS AND ONLINE DATES, BUT MAKES NO GUARANTEE AND WILL HAVE LIABILITY FOR ITS FAILURE TO MEET SAID DATES, NOR WILL IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS HAVE ANY LIABLITY FOR THE CONTENT OF ANY ADVERTISEMENT OR ANY SITES, APPES OR MEDIA ON WHICH THE ADVERTISEMENT APPEARS, NOR FOR ANY INTERRUPTIONS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESSERVICE.

Warranty Disclaimer. EXCEPT THE PARTIES ACKNOWLEDGE THAT THE API, Content and any services are provided “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS.” COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE API OR ANY SERVICES, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT OF NONTHIRD-INFRINGEMENTPARTY RIGHTS, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR USETHAT SUCH API OR SERVICES WILL BE ERROR-FREE. SERVICE PROVIDER MAKES NO REPRESENTATIONS13. LIMITATION OF LIABILITY. COMPANY ITS OWNERS, WARRANTIES DIRECTORS, ASSIGNS, AND AFFILIATES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR COVENANTS TO ANY OTHER PARTY HEREUNDER LIABLE WITH RESPECT TO ANY PRODUCTS SOLD THROUGH SUBJECT MATTER OF THIS AGREEMENT OR THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, SERVICE PROVIDER PROVIDES ALL NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIESOR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, WARRANTIES BUT NOT LIMITED TO LOSS OF MERCHANTABILITY, FITNESS REVENUES AND LOSS OF PROFITS OR (C) FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS ANY AMOUNT IN THE SERVICES OR THAT USE AGGREGATE OF THE SERVICESAMOUNT PAID OR PAYABLE BY LICENSEE UNDER SECTION 7 (PROVIDED THAT, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL IF NO AMOUNTS HAVE BEEN PAID, SUCH CAP SHALL BE UNINTERRUPTED OR ERROR-FREEFIVE HUNDRED DOLLARS (US$500.00)). EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE COMPANY AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESITS LICENSORS SHALL NOT BE LIABLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC THE SITE AND HPPI DISCLAIMS ALL EXPRESS INFORMATION AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD SERVICES AVAILABLE THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “SITE ARE PROVIDED "AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ," WITH ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTFAULTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES"AS AVAILABLE". EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTIPARADIGMS, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT IT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE ABLE COMPLETE OR ACCURATE. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO CORRECT ALL REPORTED DEFECTS IN THE SITE OR THE OPERATION OF THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY FULLEST EXTENT PERMISSIBLE BY LAW, IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE GHX EXCHANGE SOFTWARE SERVICES ARE ACCESSED AND USED OVER THE CLIENT INTERNET. YOU ACKNOWLEDGE AND AGREE THAT IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. EXCEPT AS EXPRESSLY PROVIDED HEREINIPARADIGMS, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESITS AFFILIATES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESVENDORS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of iParadigms. iParadigms does not preview user Communications before they appear on the Site. iParadigms will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. iParadigms retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. iParadigms assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. iParadigms is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.

Warranty Disclaimer. Except for the limited warranty set forth herein, THE SERVICES ARE PROVIDED "AS IS" AND XXXXXXXX MAKES NO WARRANTY AS TO THEIR USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, XXXXXXXX, ITS SUPPLIERS AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, TO ANY MATTER INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICES TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTACHIEVE YOUR INTENDED RESULTS, AND IMPLIED WARRANTIES ARISING FOR THE CONFIGURATION OF, USE OF, AND RESULTS OBTAINED FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTWITHOUT LIMITING THE FOREGOING PROVISIONS, SERVICE PROVIDER XXXXXXXX MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT THE SERVICES WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT ANY INTERRUPTION IN THE SERVICES CAN RESULT IN UNRECOVERABLE DATA LOSS. XXXXXXXX DOES NOT PERFORM BACKUPS OR THAT USE OF THE SERVICESIMPLEMENT FAULT TOLERANT CONFIGURATIONS ON YOUR BEHALF. YOU ARE SOLELY RESPONSIBLE FOR ANY NEEDED BACKUP. Service levels are not in any way guaranteed by Xxxxxxxx, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEand you agree to look solely to Provider regarding downtime and service interruptions not caused by the Software. EXCEPT AS EXPRESSLY PROVIDED HEREINThe Services include online connection, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREbut do not include set-­‐up or configuration of the Software. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESXxxxxxxx shall have no responsibility for your integration of the Services with other systems or any non-­‐Xxxxxxxx software.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, EACH OF NOVATIONTHE SOFTWARE, VHASERVICES AND SUPPORT SERVICES ARE PROVIDED “AS IS” AND EXO MAKES NO WARRANTIES, UHC AND HPPI WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUPPORT SERVICES, SERVICES, DELIVERABLES, WORK SOFTWARE, SOFTWARES, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO PARTNER UNDER THIS AGREEMENT. EXO DOES NOT WARRANT THAT THE SUPPORT SERVICES, SERVICES, DELIVERABLES, WORK SOFTWARE, SOFTWARES, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO PARTNER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE SOFTWARES ARE DESIGNED TO MEET PARTNER’S BUSINESS REQUIREMENTS. EXO HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED OTHER WARRANTIES, INCLUDINGEITHER EXPRESS OR IMPLIED, WITHOUT LIMITATION, ANY IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY QUIET ENJOYMENT, ACCURACY OF DATA, SYSTEM INTEGRATION, COURSE OF PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO THE SUPPORT SERVICES, SERVICES, DELIVERABLES, WORK PRODUCT, SOFTWARES, THE DOCUMENTATION OR ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN MATERIALS FURNISHED OR PROVIDED TO PARTNER UNDER THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, . PARTNER ACKNOWLEDGES THAT THE SOFTWARES ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITYAIR OR SPACE TRAVEL, FITNESS FOR A PARTICULAR PURPOSEPOWER PLANT OPERATION, NONINFRINGEMENT, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER THAT EXO MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO LIABILITY IN CONNECTION WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT ANY USE OF THE SERVICES, ACCESS TO PRODUCT DATA SOFTWARES IN SUCH SITUATIONS AND PARTNER EXPRESSLY WARRANTS IT SHALL NOT USE OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO PROVIDE THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESSOFTWARES IN SUCH CIRCUMSTANCES.

Warranty Disclaimer. EXCEPT THE PACKAGE AND DOCUMENTATION ARE LICENSED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC IS,” AND HPPI CROSSFLOW DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CROSSFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT THE PACKAGE WILL MEET END USER’S REQUIREMENTS OR THAT OPERATION OF THE PACKAGE WILL BE ABLE TO CORRECT ALL REPORTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE SERVICES PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE CROSSFLOW’ PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. END USER ASSUME RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE END USER INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM END USER’S USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEPACKAGE. EXCEPT YOU SHALL BEAR THE ENTIRE RISK AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY QUALITY AND THE PERFORMANCE OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESPACKAGE.

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SETION 13(A), THE HOSTING SERVICES, THE SOFTWARE, AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS EXPRESSLY SET FORTH IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN THIS AGREEMENTCONNECTION HEREWITH. CITYVIEW, EACH OF NOVATIONITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, VHATHE HOSTING SERVICES, UHC AND HPPI DISCLAIMS ALL EXPRESS ANY OTHER PRODUCTS, SERVICES AND IMPLIED WARRANTIESMATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE OR NON-INFRINGEMENT. CITYVIEW DOES NOT REPRESENT OR WARRANT THAT THE HOSTING SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, AND IMPLIED SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE HOSTING SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, CITYVIEW DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUME NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. EXCEPT AS EXPRESSLY NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESCITYVIEW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTCLAUSE 14, EACH OF NOVATIONTHIS AGREEMENT EXCLUDES, VHAAND NECP HEREBY SPECIFICALLY AND CATEGORICALLY DISCLAIMS, UHC ANY AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, WITHOUT LIMITATIONORAL OR WRITTEN, WITH RESPECT TO THE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND DIGITAL BANKING TECHNOLOGIES, OR ANY IMPLIED COMPONENTS OR PARTS THEREOF, AND/OR ANY OTHER TECHNOLOGY PRODUCT OR SERVICE PROVIDED BY NECP TO CLIENT HEREUNDER, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY MARKETABILITY AND/OR FITNESS FOR A ANY PARTICULAR PURPOSE DEFINED OR USEUNDEFINED. SERVICE PROVIDER MAKES NO REPRESENTATIONS, NOR ARE THERE ANY WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR CREATED BY A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESPERFORMANCE, OR USAGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER NECP DOES NOT WARRANT THAT IT THE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND DIGITAL BANKING TECHNOLOGIES WILL MEET CLIENTS NEEDS, OR BE ABLE USABLE WITHOUT THE NEED TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OBTAIN LICENSES FROM THIRD PARTIES FOR PROPRIETARY PROCESSES OR TECHNOLOGIES; OR THAT USE ALL ERRORS CAN BE CORRECTED, OR THAT PROVISION OF THE IMPLEMENTATION SERVICES, ACCESS TO PRODUCT DATA INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND DIGITAL BANKING TECHNOLOGIES AND OTHER SOFTWARE OR LINKS TO OTHER SUPPLIER MATERIALS SERVICES USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY FOREGOING EXCEPTIONS ARE AN INTRINSIC AND ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE GHX EXCHANGE SOFTWARE AND BASIS FOR DETERMINING THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESCHARGES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN PAI AND ITS’ BANK SPONSOR, PROCESSORS AND NETWORKS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, THE DELIVERY SYSTEM OR RELATED COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO ATM OWNER UNDER THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, NONINFRINGEMENTEMPLOYEE, DISTRIBUTOR, REPRESENTATIVE OR DEALER OF PAI, ITS’ BANK SPONSOR, PROCESSOR OR NETWORK SHALL BE AUTHORIZED TO ENLARGE OR MODIFY SUCH WARRANTY. THE STATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PAI, PROCESSOR AND IMPLIED WARRANTIES NETWORK FOR DAMAGES ARISING FROM COURSE OUT OF DEALING OR COURSE IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF PERFORMANCE WITH REGARD THE SERVICES SYSTEM. THE COMPANY UNDERSTANDS AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE DEPLOYMENT OF THE ATM AND ASSOCIATED ATM EQUIPMENT AND MEETING ALL CURRENT NETWORK, GOVERNMENTAL AND REGULATORY STANDARDS TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTNO EVENT SHALL PAI, SERVICE PROVIDER MAKES NO REPRESENTATION ITS BANK SPONSOR, PROCESSOR OR NETWORK BE LIABLE, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY WITH RESPECT OR OTHERWISE, FOR ANY LOST PROFITS, LOSS OF BUSINESS, REVENUES OR FOR OTHER SPECIAL DAMAGES SUFFERED BY ATM OWNER, ITS CUSTOMERS OR OTHERS, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ATM OWNER’S INABILITY TO ACCURACY USE THE SERVICES SYSTEM OR LOSS OF DATA, EVEN IF THE BANK SPONSOR, NETWORK, PROCESSOR, PAI, OR THEIR AUTHORIZED AGENTS, EMPLOYEES, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDER DOES COMPANY AGREES THAT XXX IS NOT WARRANT THAT IT WILL RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME. THE CUMULATIVE LIABILITY OF PAI, IT’S BANK SPONSOR, PROCESSOR AND NETWORK UNDER OR RELATED TO THIS AGREEMENT SHALL BE ABLE LIMITED TO CORRECT ALL REPORTED DEFECTS THE TOTAL AMOUNT OF FEE INCOME EARNED BY ATM OWNER IN THE SERVICES PREVIOUS TWELVE (12) MONTHS. ATM OWNER AGREES THAT XXX IS NOT RESPONSIBLE FOR ANY NETWORK OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA PROCESSING SWITCH PROBLEMS OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESDOWNTIME.

Warranty Disclaimer. EXCEPT EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC IS” AND HPPI DISCLAIMS ALL EXPRESS “AS AVAILABLE” AND IMPLIED FONESOFT MAKES NO WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR USEANY STATE THEREOF OR ANY COUNTRY. SERVICE PROVIDER FONESOFT MAKES NO REPRESENTATIONS, REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR COVENANTS TO IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PARTY HEREUNDER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH RESPECT TO THE USE OF ANY PRODUCTS SOLD THROUGH RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES SO CERTAIN OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE SERVICES. EXCEPT EXTENT THAT FONESOFT CANNOT DISCLAIM ANY SUCH WARRANTY AS EXPRESSLY SET FORTH IN THIS AGREEMENTA MATTER OF APPLICABLE LAW, SERVICE PROVIDER MAKES NO REPRESENTATION OR THE SCOPE AND DURATION OF SUCH WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICESMINIMUM PERMITTED UNDER SUCH LAW. General Terms You authorize us to collect any payment owed by you hereunder from your payment method, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEas provided in your FoneSoft Office Plan Purchase Agreement. EXCEPT AS EXPRESSLY PROVIDED HEREINThis Rental Agreement, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREwhich is subject to and incorporates by reference the FoneSoft® Office Plan Purchase Agreement constitutes the complete, final, and exclusive embodiment of the entire agreement between you and the Company regarding the Rental Services. EXCEPT AS EXPRESSLY PROVIDED HEREINIn signing the Agreement, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESthe undersigned represents to FoneSoft that the undersigned has full power and authority to perform all of its obligations hereunder. This Rental Agreement is the binding obligation of the undersigned, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESenforceable against the undersigned in accordance with its terms. FoneSoft may, in its discretion, update or change the terms and conditions of this Rental Agreement, and the version of this Rental Agreement applicable to each Rental Device, is the version of this Rental Agreement then in effect at the start of the rental for that Rental Device, including the start of the rental for an upgrade Rental Device. This Phone Rental/Lease Program is offered and available to United States residents only.

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 13(A), THE SERVICES, THE SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS EXPRESSLY SET FORTH IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN THIS AGREEMENTCONNECTION HEREWITH. XXXXXX, EACH OF NOVATIONITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, VHATHE SERVICES, UHC THE PROFESSIONAL SERVICES AND HPPI DISCLAIMS ALL EXPRESS ANY OTHER PRODUCTS, SERVICES AND IMPLIED WARRANTIESMATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING TITLE OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER XXXXXX DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO CORRECT THE SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL REPORTED OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR THAT USE SOFTWARE CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, XXXXXX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES, ACCESS TO PRODUCT DATA ) AND ASSUMES NO RESPONSIBILITY OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES LIABILITY WITH RESPECT TO THE FUNCTIONALITY FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE GHX EXCHANGE SOFTWARE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED SIGNED BY THIRD PARTIESAN AUTHORIZED SIGNING OFFICER OF XXXXXX.

Warranty Disclaimer. EXCEPT AS You acknowledge that the Solutions and Services may not satisfy all Your requirements or be free from defects. We warrant for a period of one year from the date on which installation of the Product or access to the Hosted Services is recorded, that the Products will be free from defects in materials and workmanship under normal use. OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT OUR OPTION, EITHER (A) RETURN OF THE PRICE PAID, IF ANY, OR (B) REPAIR OR REPLACEMENT OF THE PRODUCT THAT DOES NOT MEET OUR LIMITED WARRANTY. This Limited Warranty is void if failure of the Product has resulted from Your choice of equipment from a third party, from incorrect use by You or any third party or caused by accident, abuse, or misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDINGEITHER EXPRESS OR IMPLIED, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-NON- INFRINGEMENT, TITLE OR OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SOLUTIONS, ACCOMPANYING WRITTEN MATERIALS, THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN , CUSTOM SOLUTIONS AND/OR RESULTING FROM THEIR PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENTAGREEMENT OR RESULTING FROM THE FURNISHING, PERFORMANCE, USE OR LOSS OF USE OF ANY PART OF THE SOLUTIONS, CUSTOM SOLUTIONS, OR ANY DATA, INFORMATION OR OTHER PROPERTY OF CUSTOMER, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF CUSTOMER’S BUSINESS, DELAYS, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS FAILURES, AND OTHER PROBLEMS INHERENT IN THE SERVICES OR THAT USE OF THE SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL OF WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY, ACCESS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO PRODUCT DATA OR LINKS YOU, BUT NOTE THAT TO THE MAXIMUM EXTENT PERMITTED, THE SUBSTANTIVE LAW GOVERNING THIS AGREEMENT IS DEFINED IN PROVISION 19.1 AND MAY NOT BE THE LAW OF YOUR JURISDICTION. IF YOU DO HAVE OTHER SUPPLIER MATERIALS STATURORY RIGHTS, YOU ACKNOWLEDGE THAT THE DURATION OF SUCH RIGHTS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT LIMITED TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED SHORTEST PERIOD PERMITTED BY THIRD PARTIESLAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER All Works and the Service is provided to End Users “AS IS” and “WITH ALL FAULTS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD THE ENTIRE RISK AS TO THE SERVICESSELECTION AND USE OF THE LOT’S CAVE SERVICE, OR ANY MODIFICATIONS THERETO, OR THE WORK, IS WITH AUTHOR AND END USERS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER LOT’S CAVE DOES NOT WARRANT THAT IT THE PRODUCT OR MODIFICATIONS WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN MEET THE SERVICES OR THAT USE REQUIREMENTS OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEEND USERS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY EXTENT THAT LOT’S CAVE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE GHX EXCHANGE SOFTWARE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE CLIENT SOFTWAREMINIMUM PERMITTED UNDER APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN15d. LIMITATION ON DAMAGES. IN NO CASE SHALL LOT’S CAVE BE LIABLE TO AUTHOR OR END USERS, SERVICE PROVIDER MAKES OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO WARRANTY REGARDING FEATURESCASE SHALL LOT’S CAVE OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, SOFTWARE MISPRICINGS, OR SERVICES PROVIDED BY THIRD PARTIESINACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the Author responsibility to monitor e-Book listings, and report errors to Lot’s Cave, in which case Lot’s Cave will, on a best-efforts basis, strive to work with the Author to correct the error. In the event that Lot’s Cave is found liable for any damages, for any reason whatsoever, Author hereby expressly agrees that in no event will Lot’s Cave’s liability to Author exceed the amounts collected by Lot’s Cave for the Author’s book in question.

Warranty Disclaimer. EXCEPT AIA AND THE ACD ONLINE SERVICE DO NOT PROVIDE LEGAL ADVICE. MOREOVER, AIA MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU ON AN INDIVIDUAL BASIS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE ACD ONLINE SERVICE FOR ANY PURPOSE OR WITH RESPECT TO YOUR ABILITY TO ACHIEVE YOUR INTENDED RESULT. UNLESS OTHERWISE AGREED, THE ACD ONLINE SERVICE AND ANY SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH IS” AND "AS AVAILABLE" WITHOUT WARRANTY OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESANY KIND, INCLUDING, WITHOUT LIMITATION, ANY ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD NON-INFRINGEMENT AS WELL AS ANY WARRANTY RELATED TO THE SERVICESUSE, OR THE RESULTS OF THE USE, OF THE ACD ONLINE SERVICE OR DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER AIA ALSO DOES NOT WARRANT THAT IT THE ACD ONLINE SERVICE WILL BE ABLE ENABLE YOU TO CORRECT ALL REPORTED DEFECTS MEET OR ACHIEVE ANY CERTIFICATION OR LEGAL STANDARD OR OPERATE ERROR- FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE SERVICES OR THAT USE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND PERFORMANCE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ACD ONLINE SERVICE PROVIDER PROVIDES NO WARRANTIES IS WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESYOU.

Warranty Disclaimer. EXCEPT ABB takes reasonable measures to incorporate accurate and reliable data in the ABB Services; however, ABB uses publicly available sources to collect the data and information incorporated into the ABB Services and cannot verify the accuracy, completeness or timeliness of any such data or information. Accordingly, except as specifically set forth in this Agreement, THE ABB SERVICES, AND ALL DATA AND RESULTS DERIVED THEREFROM, ARE PROVIDED TO SUBSCRIBER STRICTLY “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS,” AND ABB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EACH OF NOVATIONEITHER EXPRESS OR IMPLIED, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, WITH RESPECT TO THE ABB SERVICES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSNONINFRINGEMENT, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THE CONTENT OF INFORMATION TRANSMITTED BY YOU THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTABB SERVICES OR ANY LOSS, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIESDELAY, INCLUDINGINTERRUPTION, WITHOUT LIMITATIONOR INACCURACY OF SUCH COMMUNICATIONS, WARRANTIES LOSS OR INTERRUPTION OF MERCHANTABILITYDATA, FITNESS FOR A PARTICULAR PURPOSERECORDINGS, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE COMPUTER TIME OR VOICE TRANSMISSIONS; ALTERATION OR ERRONEOUS TRANSMISSION OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO DATA; ACCURACY OF DATA; INABILITY TO USE THE ABB SERVICES TO CONTACT EMERGENCY SERVICES; UNAUTHORIZED ACCESS TO OR USE OF VOICE OR DATA PROCESSED OR TRANSMITTED BY, TO OR THROUGH THE ABB SERVICE; OR PROGRAM ERRORS), AND ABB EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. SERVICE PROVIDER ABB DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THAT: (a) THE SERVICES WILL OPERATE UNINTERRUPTED; (b) ALL ERRORS CAN BE CORRECTED; (c) THE ABB SERVICES ARE DESIGNED TO MEET ANY OF SUBSCRIBER’S BUSINESS REQUIREMENTS; OR THAT USE OF (d) THE SERVICES, ACCESS TO PRODUCT INFORMATION OR DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED PROVIDED IS ACCURATE OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO SUBSCRIBER ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE FUNCTIONALITY SUITABILITY OF THE GHX EXCHANGE SOFTWARE SERVICES FOR ITS REQUIREMENTS. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FOR ABB SERVICES COMPRISED OF DATA, INFORMATION, ANALYSES, OR MODELS, ABB OBTAINS ITS DATA FROM THIRD PARTY SOURCES, AND THE CLIENT SOFTWAREDATA MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND SUBSCRIBER SHALL NOT RELY ON ABB FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED THROUGH SUCH SERVICES. EXCEPT SUBSCRIBER ACCEPTS ALL SUCH INFORMATION ON AN “AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESIS” “AS AVAILABLE” BASIS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 15 OR IN THE SLA, EACH OF NOVATIONCLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, VHAQUIVERS SOLUTION AND QUIVERS SITE, UHC AND HPPI DISCLAIMS ALL EXPRESS THE INFORMATION AND IMPLIED WARRANTIESANY CONTENT CONTAINED THEREON, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SERVICE PROVIDER HEREBY QUIVERS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIESOTHER WARRANTIES OF ANY KIND, INCLUDINGEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING PURPOSE OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER QUIVERS MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR WARRANTY WITH RESPECT TO ACCURACY SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF DATACLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE PROVIDER QUIVERS DOES NOT WARRANT OR GUARANTEE THAT IT CLIENT WILL BE ABLE TO CORRECT ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL REPORTED DEFECTS IN TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE SERVICES QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING BRANDS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY. QUIVERS MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THE QUIVERS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF CLIENT USES THE QUIVERS SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH CLIENT ACCESS IT, INCLUDING WITHOUT LIMITATION THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. LIMITATION OF LIABILITY IN NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), WHETHER SUCH LIABILITY IS FORESEEABLE, EVEN IF QUIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, EQUITY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH LIABILITY ARISING OUT OF, OR RESULTING FROM: (1) THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE QUIVERS SERVICES; (2) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; (3) THE ACQUISITION OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE QUIVERS SERVICES; (4) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE QUIVERS SERVICES, ACCESS INCLUDING WITHOUT LIMITATION THE UPLOADING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE QUIVERS SITE, INCLUDING BUT NOT LIMITED TO PRODUCT DATA ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED INACTION OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREINANY COMPUTER SYSTEM, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINPHONE LINE, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESHARDWARE, SOFTWARE OR SERVICES PROVIDED PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS; OR (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS’ TRANSMISSIONS OR DATA. NOTWITHSTANDING THE FACT THAT QUIVERS OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUIVERS SITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, QUIVERS AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING OR OPERATING THE QUIVERS SITE, ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION. QUIVERS’ LIABILITY TO CLIENT ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT, STRICT PRODUCT LIABILITY OR EQUITABLE THEORIES, SHALL NOT EXCEED THE SUM OF ALL PAYMENTS MADE OR OWED BY THIRD PARTIESCLIENT PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS THE TWITTER CONTENT IS PROVIDED TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER YOU “AS IS.” SERVICE PROVIDER HEREBY ”, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDINGWHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE WITH REGARD TO THE SERVICESTRADE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER TWITTER DOES NOT WARRANT THAT IT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA SUCH TWITTER CONTENT OR LINKS TO OTHER SUPPLIER MATERIALS PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREOTHERWISE). EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.無保証。Twitterコンテンツはすべての瑕疵を含め「現状有姿」（as is）の状態で利用者に提供され、Twitterは、明示的、黙示的、法定、その他にかかわらず、商品性の保証、権利侵害の不存在についての保証、特定目的への適合性の保証、その他本契約、取引過程または商慣習から生じる保証または条件も含め（ただし、これらに限られません）、一切の保証を行いません。Twitterは、本契約に基づき提供されるTwitterコンテンツまたはその他のすべてのTwitterの製品もしくはサービスが利用者の要求を満たすこと、または当該Twitterコンテンツまたはその他の製品もしくはサービスの使用にエラーがないこと、停止がないこと、ウイルスがないこと、もしくは安全であることについて一切保証しません。本無保証の規定は一部の国では有効でない場合があり、利用者は法令上放棄または免責が認められない保証を受ける権利を有する場合があります。当該保証は、（当該法令において別段の定めがある場合を除き）本契約の発効日から30日間のみ有効です。

Warranty Disclaimer. EXCEPT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CONNECT MY DATA PLATFORM IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONNECT MY DATA PLATFORM IS PROVIDED "AS EXPRESSLY SET FORTH IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION IN THIS AGREEMENTRESPECT OF ACCURACY OF CUSTOMER DATA, EACH OF NOVATION, VHA, UHC AND HPPI LDC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONNECT MY DATA PLATFORM, EITHER EXPRESS AND OR IMPLIED WARRANTIESOR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTACCURACY, AND IMPLIED WARRANTIES ARISING FROM COURSE NONINFRINGEMENT OF DEALING OR COURSE OF PERFORMANCE WITH REGARD THIRD-PARTY RIGHTS. LDC FURTHER DISCLAIMS, TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH MAXIMUM EXTENT PERMITTED BY LAW, ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR QUIET ENJOYMENT OF THE CONNECT MY DATA PLATFORM, THAT THE FUNCTIONS CONTAINED IN THIS AGREEMENTOR SERVICES PERFORMED OR PROVIDED BY THE CONNECT MY DATA PLATFORM WILL MEET YOUR REQUIREMENTS, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY AND THAT THE OPERATION OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT THE CONNECT MY DATA PLATFORM WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR THAT USE WORK WITH ANY OF THE YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM OR OTHER SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREINNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LDC, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY ITS REPRESENTATIVES, OR LICENSORS SHALL CREATE ANY SORT OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESWARRANTY.

Warranty Disclaimer. EXCEPT INSIDESALES AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS EXPRESSLY SET FORTH TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. INSIDESALES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN THIS AGREEMENTCOMBINATION WITH ANY OTHER HARDWARE, EACH SOFTWARE, SYSTEMS OR DATA, (2) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED CUSTOMER DATA WILL BE SECURE, COMPLETE, TIMELY, ACCURATE OR RELIABLE, (4) THE QUALITY OF NOVATIONTHE SERVICES OR ANY OTHER INFORMATION, VHAITEMS, UHC OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICES, THE CONTENT, OR THE EQUIPMENT OR FACILITIES USED TO MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD ARE HEREBY DISCLAIMED TO THE SERVICESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INSIDESALES AND ITS LICENSORS. EXCEPT AS NO ADVICE, INFORMATION OR ACTION FROM INSIDESALES OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH STATED IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.

Warranty Disclaimer. EXCEPT The Software may be designated as alpha, beta, development, prerelease, untested, or not fully tested versions of the Software. The Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION IS AT DEVELOPER’S SOLE RISK. THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND [LICENSEE NAME] AND ITS SUPPLIERS EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIM ALL WARRANTIES, EACH OF NOVATIONTERMS AND CONDITIONS, VHAINCLUDING, UHC BUT NOT LIMITED TO, PALMSOURCE AND HPPI DISCLAIMS ALL EXPRESS AND PALMONE CONFIDENTIAL ROM IMAGE LICENSE THE IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNONINFRINGEMENT OF THIRD PARTY RIGHTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESSATISFACTORY QUALITY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT NEITHER [LICENSEE NAME] NOR ITS SUPPLIERS WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS THE FUNCTIONS CONTAINED IN THE SERVICES SOFTWARE OR OTHER CONFIDENTIAL INFORMATION ARE SUITABLE FOR DEVELOPER’S USE OR THAT USE THE OPERATION OF THE SERVICES, ACCESS TO PRODUCT DATA SOFTWARE OR LINKS TO OTHER SUPPLIER MATERIALS CONFIDENTIAL INFORMATION WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREINFURTHERMORE, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO NEITHER [LICENSEE NAME] NOR ITS SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE FUNCTIONALITY USE OR THE RESULTS OF THE GHX EXCHANGE SOFTWARE AND USE OF THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED OTHER CONFIDENTIAL INFORMATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIRD PARTIES[LICENSEE NAME] SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY PORTION OF THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. Developer acknowledges that [Licensee Name] or its suppliers may not have publicly announced the availability of the Software, that [Licensee Name] has not promised or guaranteed to Developer that such Software will be announced or made available to anyone in the future, and that [Licensee Name] has no express or implied obligation to Developer to announce or introduce the Software or any similar or compatible product, or to continue to offer or support the Software in the future.

Warranty Disclaimer. RIGHTNOW WARRANTS THAT THE SERVICES WILL PERFORM SUBSTANTIALLY AND MATERIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE USER DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES BY AUTHORIZED USERS OF THE SERVICES, IN ACCORDANCE WITH THIS AGREEMENT AND THE DOCUMENTATION. IF THERE IS A MATERIAL BREACH OF THE ABOVE WARRANTY, RIGHTNOW’S ENTIRE LIABILITY AND CUSTOMER’S ENTIRE REMEDY SHALL BE, AT RIGHTNOW’S OPTION TO (I) MODIFY THE SERVICES TO CONFORM TO THE DOCUMENTATION; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CUSTOMER’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THIS AGREEMENT WITH NO FURTHER LIABILITY TO CUSTOMER. THESE REMEDIES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTABOVE, EACH CUSTOMER EXPRESSLY AGREES THAT USE OF NOVATION, VHA, UHC AND HPPI THE SERVICES IS AT THE CUSTOMER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. RIGHTNOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE AND NON-INFRINGEMENT, AND IMPLIED AS WELL AS ALL WARRANTIES ARISING FROM BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESPERFORMANCE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER RIGHTNOW MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE SERVICES WILL BE ABLE TO CORRECT ALL REPORTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, OR THAT DEFECTS IN THE SERVICES OR WILL BE CORRECTED. RIGHTNOW MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES. NOTHING HEREIN COMPRISES A WARRANTY BY ANY THIRD PARTY, ACCESS AND NOTHING IN THIS AGREEMENT PROVIDES CUSTOMER WITH ANY RECOURSE AGAINST A THIRD PARTY THAT HAS PROVIDED SOFTWARE OR HARDWARE TO PRODUCT RIGHTNOW FOR USE IN DELIVERY OF THE SERVICES. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR LINKS TO OTHER SUPPLIER MATERIALS OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK, AND THAT CUSTOMER WILL BE UNINTERRUPTED SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR ERROR-FREELOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. EXCEPT AS EXPRESSLY PROVIDED HEREINSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY SO SOME OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

Warranty Disclaimer. EXCEPT 2.1 BANK WARRANTS THAT THE SERVICES PERFORMED UNDER THIS SS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER CONSISTENT WITH STANDARDS IN THE SOFTWARE AND HARDWARE SERVICES INDUSTRY, AS EXPRESSLY APPLICABLE, BUT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY NATURE WITH RESPECT TO THE SUBJECT MATTER OF THIS SS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE PRODUCT SUPPORT SERVICES, THE EQUIPMENT AND THE SERVICE PLAN TO THE EXTENT COVERED HEREBY. BANK’S OBLIGATIONS AND LIABILITIES AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS SS AGREEMENT ARE EXCLUSIVE. BANK AND ITS LICENSORS HEREBY DISCLAIM, AND YOU WAIVE AND RELEASE BANK, ITS LICENSORS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE, EQUIPMENT OR OTHER MATTERS PROVIDED UNDER THIS SS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND PURPOSE OR APPLICATION OR OTHER IMPLIED WARRANTIES CONTRACTUAL WARRANTY; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION TRADE; (C) ANY WARRANTIES OF TIMELINESS OR NON- INFRINGEMENT; AND (D) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF DATA. SERVICE PROVIDER DOES NOT THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT IT OPERATION OF THE PRODUCT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR ERROR-FREE, THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE THAT ALL DEFICIENCIES OR SERVICES PROVIDED BY THIRD PARTIESERRORS WILL BE CORRECTED.

Warranty Disclaimer. EXCEPT LICENSOR MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, ------------------- EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE EXPECTED FROM USE OF ANY OF THE INVENTIONS CONTAINED IN THE TECHNOLOGY OR FROM MANUFACTURE OR SALE OF ANY PRODUCT, AND LICENSOR EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL WARRANTIES AND GUARANTEES, EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL HAVE NO RESPONSIBILITY UNDER ANY LEGAL PRINCIPLE TO LICENSEE, NONINFRINGEMENTITS SUBLICENSEE OR TO OTHERS FOR THE ABILITY OF LICENSEE OR ITS SUBLICENSEE TO USE THE TECHNOLOGY; FOR THE QUALITY, AND IMPLIED WARRANTIES ARISING FROM COURSE QUANTITY OR PERFORMANCE OF DEALING ANY PRODUCTS MANUFACTURED UNDER THE TECHNOLOGY; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR COURSE SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, DESIGN OR OPERATION OF PERFORMANCE WITH REGARD ANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. IN NO EVENT SHALL LICENSOR BE LIABLE TO THE SERVICESLICENSEE OR ITS SUBLICENSEE FOR ANY DAMAGES, INCLUDING ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) UNDER THIS AGREEMENT OR OTHERWISE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT[ * ] = Certain confidential information contained in this document, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATAmarked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES. Dispute Resolution ----------------- Should any dispute between Licensor and Licensee arise under this agreement, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERRORLicensor and Licensee, through appropriately senior executives, shall first meet and attempt to resolve the dispute in face-FREEto-face negotiations. EXCEPT AS EXPRESSLY PROVIDED HEREINThis meeting shall occur within [ * ] of the time the dispute arises. If no resolution is reached, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARELicensor and Licensee shall, within [ * ] of the first meeting, attempt to settle the dispute by formal mediation. EXCEPT AS EXPRESSLY PROVIDED HEREINIf the parties cannot agree upon a mediator and the place of mediation, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESthe mediation shall be administered by the American Arbitration Association in Research Triangle Park, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESNorth Carolina. If no resolution is reached through formal mediation, the dispute shall be resolved by binding arbitration before a three-arbitrator panel, administered by the American Arbitration Association, with limited discovery. Each party shall select one of the arbitrators and those arbitrators shall select the third. The venue shall be either Research Triangle Park, North Carolina if the notice of intent to arbitrate the dispute is first given by Licensee or Seattle, Washington if the notice of intent to arbitrate is first given by Licensor and the governing law shall be that of the State of North Carolina in either instance, without giving effect to conflict of law considerations. In no event shall punitive or exemplary damages o attorney's fees be awardable and each party shall be responsible for it's own attorney's fees. Notwithstanding the foregoing dispute resolution and governing law provisions, Licensor and Licensee shall each retain the right to seek judicial injunctive and other equitable relief where appropriate.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS PATENT LICENSE AGREEMENT OR IN THE SETTLEMENT AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY IMPLIED REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF NON-INFRINGEMENTANY KIND, MERCHANTABILITY EITHER EXPRESS OR FITNESS FOR A PARTICULAR PURPOSE IMPLIED, INCLUDING ANY EXPRESS OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO INCLUDING (1) FOR THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPURDUE COMPANIES, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE GHX EXCHANGE SOFTWARE AND PURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS PATENT LICENSE AGREEMENT OR THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINSETTLEMENT AGREEMENT, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED OF EITHER PARTY HERETO OR THEIR AFFILIATES. FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS PATENT LICENSE AGREEMENT OR IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS *** Certain confidential information contained in this document, marked with three asterisks, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION CLAIMED IN ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE ’042 PATENT OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF KV PRODUCTS BY ANY PERSON DOES NOT, INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTIESPARTY. IT IS HEREBY AGREED AND ACKNOWLEDGED BY KV THAT THE PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO KV IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE KV PRODUCTS OR THE VALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS. FURTHER, KV WILL NOT GIVE ANY SUCH GUARANTEE OR WARRANTY TO ANY THIRD PARTIES ON BEHALF OF THE PURDUE COMPANIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC ENVERUS DISCLAIMS ANY AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDINGWHETHER EXPRESS, WITHOUT LIMITATIONORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTMERCHANTABILITY, TITLE, OR NON-INFRINGEMENT, AND IMPLIED ANY WARRANTIES ARISING FROM COURSE BY VIRTUE OF DEALING CUSTOM OF TRADE OR COURSE OF PERFORMANCE DEALING. ENVERUS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL MEET REQUIREMENTS OR THAT THEY ARE SUITABLE FOR NEEDS OR THAT THE DATA OR RESULTS ARE CORRECT, ACCURATE, TIMELY, COMPLETE, SUITABLE, OR RELIABLE. PROPRIETARY DATA IS COMPILED FROM SOURCES BEYOND ENVERUS CONTROL AND ERRORS, GAPS, AND INACCURACIES MAY EXIST. THE PRODUCTS AND PROPRIETARY DATA ARE PROVIDED ON AN “AS IS, WITH REGARD TO ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND. CUSTOMER ASSUMES ALL RISK OF ERRORS AND OMISSIONS IN THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF PRODUCTS AND PROPRIETARY DATA. SERVICE PROVIDER DOES CUSTOMER SHALL IMPLEMENT SUFFICIENT PROCEDURES AND CHECKS TO SATISFY ITS REQUIREMENTS FOR ACCURACY AND SUITABILITY AND MAINTAIN MEANS FOR THE RECONSTRUCTION OF LOST DATA. THE PRODUCTS ARE A SUPPLEMENT TO, NOT WARRANT THAT IT WILL BE ABLE TO CORRECT A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL, AND JUDGMENT OF PROFESSIONALS. CUSTOMER ACCEPTS ALL REPORTED DEFECTS RISKS IN THE SERVICES OR THAT ITS USE OF THE SERVICESPRODUCTS INCLUDING BUT NOT LIMITED TO ANY INVESTMENT, ACCESS TO PRODUCT DATA ACQUISITION, DRILLING, WELL TREATMENT, PRODUCTION OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEFINANCIAL DECISIONS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY INFORMATION OBTAINED THROUGH USE OF THE GHX EXCHANGE PRODUCTS SHALL CONSTITUTE TRADING ADVICE, TRADING RECOMMENDATIONS, OR TRADING INFORMATION. LOCAL SOFTWARE MAY INCLUDE THIRD- PARTY COMMERCIAL SOFTWARE LICENSED BY ENVERUS AND THE CLIENT SUBLICENSED TO CUSTOMER. LOCAL SOFTWARE MAY ALSO INCLUDE OR BE DISTRIBUTED WITH OPEN SOURCE SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESTHESE DISCLAIMERS SHALL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME OF THE ABOVE MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.

Warranty Disclaimer. EXCEPT THE SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PENTAIR EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDINGWHETHER EXPRESS, WITHOUT LIMITATIONIMPLIED, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTSTATUTORY OR OTHERWISE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSERVICE, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS INCLUDING ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE WITH REGARD TO PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOREGOING, SERVICE PROVIDER PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WARRANTY WORK WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT ANY OTHER APPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT IT ANY ERRORS OR DEFECTS CAN OR WILL BE ABLE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT AND USE OF THE SERVICESSERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES INCLUDING WITH RESPECT TO THE FUNCTIONALITY OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE GHX EXCHANGE SOFTWARE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINPROPER OPERATION, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIESUSED IN CONNECTION WITH THE SERVICE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTo the fullest extent allowed by applicable law, EACH OF NOVATIONneither Gympass nor its licensors, VHAsuppliers, UHC or Third-Party Providers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND HPPI DISCLAIMS ALL CONTENT ARE PROVIDED BY GYMPASS ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS SOME COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Waiver and Release. YOU UNDERSTAND AND ACKNOWLEDGE THAT GYMPASS INTERMEDIATES SERVICES WITH THIRD-PARTY PROVIDERS, AND GYMPASS ITSELF IS NOT A FITNESS OR WELLNESS PROVIDER AND DOES NOT OWN OR MANAGE ANY FITNESS OR WELLNESS PROVIDER. GYMPASS DOES NOT ASSESS THE SUITABILITY, COMPLIANCE WITH ANY APPLICABLE RULES OR REGULATIONS OR QUALITY OF ANY FACILITY, CLASS OR SESSION PROVIDED BY ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY PROVIDED HEREINWAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY CLAIMS, OR DAMAGES ARISING FROM, OR IN ANY WAY RELATED TO, YOUR USE OF THE GHX EXCHANGE SOFTWARE GYMPASS SERVICES AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY ANY THIRD PARTIESPARTY PROVIDER. GYMPASS WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. YOU ACKNOWLEDGE THAT ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND/ OR ASSIGNS, THAT THERE ARE INHERENT RISKS AND DANGERS IN EXERCISE AND WELLNESS ACTIVITIES. BY BOOKING, ATTENDING AND PARTICIPATING IN THE SERVICES OF THIRD PARTY PROVIDERS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF THE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

Warranty Disclaimer. EXCEPT EVL has made no representation or ------------------- warranty regarding the Leased System. PRIME LESSEE/SUBLESSOR ACKNOWLEDGES AND AGREES THAT EVL IS NOT THE MANUFACTURER OF THE LEASED SYSTEMS, THAT EVL LEASES THE LEASED SYSTEMS TO PRIME LESSEE/SUBLESSOR "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND THAT EVL MAKES NO WARRANTY, EACH OF NOVATIONEXPRESS OR IMPLIED, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES THE DESIGN OR CONDITION OF NON-INFRINGEMENTTHE LEASED SYSTEMS, THEIR MERCHANTABILITY OR FITNESS OR CAPACITY OR DURABILITY FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTHE QUALITY OF THE MATERIAL OR THE WORKMANSHIP OF THE LEASED SYSTEM OR THAT THE LEASED SYSTEM, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTANY PART OR COMPONENT THEREOF, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER PRIME LESSEE/SUBLESSOR'S USE THEREOF, DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN INFRINGE THE SERVICES PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR THAT USE OTHER INTELLECTUAL PROPERTY RIGHT OF THE SERVICESANY PERSON. EVL shall have no liability whatsoever for the selection, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEquality, condition, merchantability, suitability, fitness, operation or performance of the Leased Systems. EXCEPT AS EXPRESSLY PROVIDED HEREINWithout limiting the generality of the foregoing, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINEVL shall not be liable to the Prime Lessee/Sublessor, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESor any officer, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIEStrustee, employee, agent or representative of Prime Lessee/Sublessor, or to any person with respect to whom a BriteSmile Procedure is performed, for any liabilities, claims, losses, damages (including incidental, consequential and punitive damages) or expenses of any kind or nature (including strict liability in tort) caused, directly or indirectly, by any Leased System, or any inadequacy thereof for any purpose, or any deficiency or defect therein, or installation or maintenance thereof, or any repairs, servicing or adjustments thereto; or any delay in providing or failure to provide any part thereof, or any interruption or loss of service or use thereof, or any loss of business, or any damage whatsoever and howsoever caused, it being understood and acknowledged that EVL has no obligation whatsoever with respect to the delivery, installation, maintenance, repairs, servicing or adjustments of the Leased System or any part thereof, or any replacement part thereto.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION, EACH OF NOVATIONTHE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN "AS AVAILABLE, VHA" "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UHC TANIUM AND HPPI DISCLAIMS ITS SUPPLIERS DISCLAIM ALL EXPRESS OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND IMPLIED WARRANTIESPREMIUM SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSTITLE, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER TANIUM DOES NOT WARRANT THAT IT THE SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICES, ACCESS TO PRODUCT DATA SERVICE OR LINKS TO OTHER SUPPLIER MATERIALS PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXXX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF THE SERVICE PROVIDER PROVIDES NO OR PREMIUM SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREANY THIRD-PARTY PRODUCTS, SCRIPTS, CONTENT, OR OTHER TECHNOLOGIES. EXCEPT AS EXPRESSLY PROVIDED HEREINNO ORAL OR WRITTEN INFORMATION OR ADVICE, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESINCLUDING, SOFTWARE BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR SERVICES QUERIES, PROVIDED BY THIRD PARTIESTANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD- PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, guarantees or conditions despite these exclusions, those warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer) and 9 (Limitation of Liability).

Warranty Disclaimer. EXCEPT THE LICENSED PRODUCT AND DAFC DATA ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. DAFC AND THE SOURCES EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIM ALL WARRANTIES, EACH OF NOVATIONEXPRESS, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESOR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO AND ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD PERFORMANCE. DAFC AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, DAFC DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR DAFC DATA. SUBSCRIBER ACCEPTS FULL RESPONSIBLITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY SUBSCRIBER. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF DAFC OR ANY THIRD PARTY ARE AUTHORIZED TO THE SERVICESMAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF DAFC. EXCEPT AS EXPRESSLY SET FORTH IN ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER DAFC NOR ANY OF ITS AFFILIATES OR THE SOURCES INCLUDING, SERVICE PROVIDER MAKES NO REPRESENTATION WITHOUT LIMITATION, THE EXCHANGES, REPRESENT OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT THE LICENSED PRODUCT OR DAFC DATA WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES UNINTERRUPTED OR ERROR- FREE. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE LICENSED PRODUCT, DAFC DATA OR ANY OTHER INFORMATION IS AT SUBSCRIBER'S SOLE RISK AND THAT DAFC AND THE SOURCES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, ACCESS TO PRODUCT DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT, DAFC DATA OR LINKS ANY OTHER INFORMATION OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. LICENSEE HEREBY AGREES AND ACKNOWLEDGES THAT THE SOFTWARE IS IN A "BETA" TEST PHASE AND AS A RESULT HAS NO TRACK RECORD OR PROVEN ABILITY TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEOBTAIN THE INTENDED RESULTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES LICENSOR MAKES NO WARRANTIES WITH RESPECT AS TO THE FUNCTIONALITY PERFORMANCE OR RESULTS OF THE GHX EXCHANGE SOFTWARE SOFTWARE, THE HARDWARE, OR THE APPLICATION SERVICES. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESNONRENEWAL OF THIS AGREEMENT.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 9.1, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLUBWORKS, INC. PRODUCTS AND ALL SERVICES ARE PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” AND WITH ALL FAULTS. CLUBWORKS, EACH INC. AND MEDALLIA: (I) DO NOT REPRESENT OR WARRANT THAT THE (A) CLUBWORKS, INC. PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, (B) ANY CLUB OWNER CONTENT, CLUBWORKS, INC. PRODUCTS DATA, OR OTHER STORED DATA WILL BE ACCURATE, OR NON-CORRUPTED, OR (C) THAT CLUBWORKS, INC. PRODUCTS WILL BE FREE OF NOVATIONANY VIRUSES OR MALICIOUS CODE WHICH CANNOT BE DETECTED USING COMMERCIALLY AVAILABLE PRODUCTS AND (II) SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, VHAEITHER EXPRESS OR IMPLIED, UHC WITH RESPECT TO CLUBWORKS, INC. PRODUCTS. CLUBWORKS, INC. PRODUCTS DATA, OR OTHER STORED DATA AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESANY RELATED SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTREGARDLESS OF ANY KNOWLEDGE OF CLUB OWNER’S PARTICULAR NEEDS. CLUB OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESFULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTNEITHER CLUBWORKS, INC. NOR MEDALLIA SHALL BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS FAILURES AND OTHER PROBLEMS INHERENT IN THE SERVICES OR THAT USE OF THE SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF CLUBWORKS, ACCESS INC., EXCEPT AS OTHERWISE STATED HEREIN. CLUBWORKS, INC. AND MEDALLIA MAKE NO REPRESENTATIONS OR WARRANTIES AS TO PRODUCT THE STATISTICAL SIGNIFICANCE OF CLUBWORKS, INC. PRODUCTS DATA OR LINKS ANY OTHER INFORMATION PROVIDED BY OR DERIVED FROM CLUBWORKS, INC. PRODUCTS OR THE SUITABILITY OF THIS DATA FOR USE IN ANY WAY, INCLUDING WITHOUT LIMITATION, TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED MAKE BUSINESS, ECONOMIC, EMPLOYMENT, FRANCHISE OR ERROR-FREEPROMOTIONAL DECISIONS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT IT IS CLUB OWNER’S SOLE RESPONSIBILITY TO DETERMINE THE FUNCTIONALITY SUITABILITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARECLUBWORKS, INC. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESPRODUCTS DATA FOR ALL USES.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATIONALL SERVICES HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS, VHAAND ALL USE THEREOF IS AT SERVICE PROVIDER’S AND ITS CUSTOMER’S OWN RISK. ITOPIA DOES NOT MAKE, UHC AND HPPI DISCLAIMS HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNON- INFRINGEMENT AND TITLE, AND IMPLIED ANY WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESTRADE PRACTICE. EXCEPT AS OTHERWISE EXPRESSLY SET INDIRECT OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SERVICES. IN NO EVENT WILL ITOPIA OR ITS AGENTS OR SUPPLIERS BE LIABLE TO SERVICE PROVIDER, ANY CUSTOMER OR USER, OR ANY THIRD PARTY FOR THE COST OF SUBSTITUTE SERVICES OR FOR ANY CLAIMS ARISING OUT OF OR RELATED TO SERVICE PROVIDER’S BUSINESS, ITS RELATIONSHIP WITH ITS CUSTOMERS OR USERS, OR OTHERWISE. NEITHER ITOPIA NOR ITS AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE INTERRUPTION, UNAVAILABILITY, OR LOSS OF USE OF SERVICES OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER ITOPIA NOR ITS AGENTS OR SUPPLIERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SERVICE PROVIDER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF SERVICE PROVIDER’S DATA FILES, PROGRAMS PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. EXCEPT FOR INDEMNIFICATION CLAIMS BASED ON INTELLECTUAL PROPERTY INFRINGEMENT AS SET FORTH IN SECTION 12 BELOW, ITOPIA’S MAXIMUM AGGREGATE LIABILITY RELATED TO A CLAIM ARISING UNDER THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT OTHER THEORY, WILL BE ABLE LIMITED TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THREE MONTHS OF FEES PAID TO ITOPIA UNDER THIS AGREEMENT IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH LIABILITY; PROVIDED, HOWEVER, THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES ITOPIA WITH RESPECT TO THE FUNCTIONALITY WRITTEN NOTICE OF SUCH CLAIM WITHIN SIX (6) MONTHS OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREOCCURRENCE GIVING RISE TO SUCH CLAIM. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE THESE LIMITATIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR SERVICES PROVIDED BY THIRD PARTIESHAVE PROVEN INEFFECTIVE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC THE SITE AND HPPI DISCLAIMS ALL EXPRESS INFORMATION AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD SERVICES AVAILABLE THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “SITE ARE PROVIDED "AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ," WITH ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTFAULTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES"AS AVAILABLE". EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTIPARADIGMS, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT IT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE ABLE COMPLETE OR ACCURATE. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO CORRECT ALL REPORTED DEFECTS IN THE SITE OR THE OPERATION OF THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY FULLEST EXTENT PERMISSIBLE BY LAW, IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE GHX EXCHANGE SOFTWARE SERVICES ARE ACCESSED AND USED OVER THE CLIENT INTERNET. YOU ACKNOWLEDGE AND AGREE THAT IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. EXCEPT AS EXPRESSLY PROVIDED HEREINIPARADIGMS, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESITS AFFILIATES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESVENDORS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of iParadigms.iParadigms does not preview user Communications before they appear on the Site. iParadigms will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. iParadigms retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. iParadigms assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. iParadigms is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.

Warranty Disclaimer. EXCEPT While the Society tries to keep information on this Website as accurate as possible, the Society disclaims any implied warranty or representation about its accuracy, completeness, or appropriateness for a particular purpose. Information on this site may be changed or updated without notice. Information may be out of date at any given time since the Society has no obligation to update information on this site. YOUR USE OF, AND RELIANCE ON, ANY INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED TO YOU ON AN “AS EXPRESSLY SET FORTH IN IS” BASIS. THE SOCIETY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS AGREEMENTWEBSITE OR THE INFORMATION, EACH OF NOVATIONCONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VHA, UHC AND HPPI THE SOCIETY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTREGARDING THE SUITABILITY, AND IMPLIED WARRANTIES ARISING FROM COURSE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESINFORMATION CONTAINED ON THIS SITE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTWITHOUT LIMITATION, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER THE SOCIETY SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THAT: (1) THE SERVICES INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR THAT RELIABLE; (2) THE USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS ON THIS SITE WILL BE CORRECTED; OR (4) THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED HEREINLIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL THE SOCIETY BE LIABLE FOR ANY DAMAGES, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE FUNCTIONALITY INFORMATION CONTAINED ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE GHX EXCHANGE SOFTWARE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, THAT RESULT FROM THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINUSE OF, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESOR THE INABILITY TO USE, SOFTWARE THIS SITE OR SERVICES PROVIDED BY THIRD PARTIESTHE INFORMATION CONTAINED ON THIS SITE EXCEED ONE U.S. DOLLAR.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS AGREEMENTTHESE TERMS AND CONDITIONS, EACH THE COMPANY MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES (INCLUDING ANY WARRANTY OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER APPLICATION) WITH RESPECT TO ANY PRODUCTS GOODS OR SERVICES SOLD THROUGH THE GHX EXCHANGEBY COMPANY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE TRADE USAGE, AND ANY BUYER OF PERFORMANCE GOODS OR SERVICES FROM COMPANY ACKNOWLEDGES THAT THERE ARE NO WARRANTIES IMPLIED BY CUSTOM OR USAGE IN THE TRADES OF THE BUYER AND OF THE COMPANY, AND THAT PRIOR DEALINGS OF BUYER WITH REGARD THE COMPANY DO NOT IMPLY COMPANY WARRANTS THE GOODS OR SERVICES IN ANY WAY. ANY BUYER OF GOODS OR SERVICES FROM THE COMPANY AGREES WITH THE COMPANY THAT THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY WARRANTY CONCERNING THE GOODS OR SERVICES WHETHER BASED XXXX XXXXXXXX, XXXX, XXXXXXXX, XXXXXX LIABILITY OR NEGLIGENCE, AND WHETHER FOR COMMERCIAL LOSS, PERSONAL INJURY OR OTHER MONETARY LOSS, SHALL BE AT COMPANY’S OPTION, TO REPAIR OR REPLACE THE SERVICESGOODS OR SERVICES OR REFUND THE PURCHASE PRICE. EXCEPT AS EXPRESSLY SET FORTH THE COMPANY SHALL IN THIS AGREEMENTNO EVENT BE LIABLE FOR EXPENSE FOR REMOVAL, SERVICE PROVIDER MAKES NO REPRESENTATION REINSTALLATION OR WARRANTY WITH RESPECT ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF THE COMPANY FAILS IN ANY ATTEMPT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED REMEDY DEFECTS IN THE SERVICES GOODS AND SERVICES, BUT IN SUCH CASE THE BUYER SHALL BE ENTITLED TO NO MORE THAN A REFUND OF ALL MONIES PAID TO THE COMPANY BY THE BUYER FOR PURCHASE OF ALL GOODS OR THAT USE SERVICES. ANY CAUSE OF ACTION FOR BREACH OF ANY WARRANTY BY THE COMPANY SHALL BE BARRED UNLESS THE COMPANY RECEIVES FROM THE BUYER A WRITTEN NOTICE OF THE SERVICESALLEGED DEFECT OR BREACH WITHIN 20 DAYS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH, ACCESS TO PRODUCT DATA AND NO ACTION FOR THE BREACH OF ANY WARRANTY SHALL BE COMMENCED BY THE BUYER LATER THAN TWELVE MONTHS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEBREACH. EXCEPT AS EXPRESSLY PROVIDED HEREINFor purposes of this paragraph, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES“Goods” shall specifically include any and all parts thereof.

Warranty Disclaimer. EXCEPT Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" BASIS, EACH WITHOUT WARRANTIES OF NOVATIONANY KIND, VHA, UHC AND HPPI DISCLAIMS ALL EITHER EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREINFURTHER, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT THE SERVICES ARE NOT INTENDED TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE BE USED FOR DIAGNOSIS OR MEDICAL ADVICE, AND THE CLIENT SOFTWARESERVICES ARE SOLELY A TOOL TO BE USED BY A HEALTHCARE PROVIDER. EXCEPT AS EXPRESSLY PROVIDED HEREINCOMPANY DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SERVICES ARE NOT INTENDED TO BE, SERVICE PROVIDER MAKES NO AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY REGARDING FEATURESLASTS, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESSO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTPARAGRAPH 7.2, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL iPrint MAKES NO EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER REPRESENTATIONS WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSITES, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIESPRODUCTS, INCLUDINGSERVICES, TECHNOLOGY OR CONTENT PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSENON-INFRINGEMENT, NONINFRINGEMENTTITLE, AND OR ANY IMPLIED WARRANTIES ARISING FROM OUT OF THE COURSE OF PERFORMANCE, DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESTRADE USAGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTADDITION, SERVICE PROVIDER iPrint MAKES NO REPRESENTATION THAT THE OPERATION OR WARRANTY USE OF ANY SITES, PRODUCTS, SERVICES, TECHNOLOGY OR CONTENT PROVIDED HEREUNDER WILL COMPLY WITH APPLICABLE GOVERNMENT CODES OR LAW, OR WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, AND iPrint WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR BREACHES OF SECURITY. iPrint MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL ANY THIRD PARTY SOFTWARE, TOOLS, HARDWARE, OR OTHER MATERIALS OR CONTENT WHICH MAY BE ABLE TO CORRECT ALL REPORTED DEFECTS USED OR PROVIDED BY iPrint IN THE PERFORMANCE OF SERVICES OR HEREUNDER. WA ACKNOWLEDGES THAT USE iPrint HAS ENTERED INTO THIS AGREEMENT AND HAS SET ALL APPLICABLE COMPENSATION TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM IS THE ESSENTIAL BASIS OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESBARGAIN.

Warranty Disclaimer. EXCEPT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO SATISFACTORY QUALITY, EACH PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF NOVATIONANY KIND, VHA, UHC AND HPPI AML HEREBY DISCLAIMS ALL EXPRESS WARRANTIES AND IMPLIED WARRANTIESCONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOF ACCURACY, OF QUIET ENJOYMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE NONINFRINGEMENT OF PERFORMANCE WITH REGARD TO THE SERVICESTHIRD-PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER AML DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICESLICENSED APPLICATION, ACCESS TO PRODUCT DATA THAT THE FUNCTIONS CONTAINED IN OR LINKS TO OTHER SUPPLIER MATERIALS SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. EXCEPT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AML OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT THE LICENSED APPLICATION OPERATES IN A PREDICTIVE MANNER RELATIVE TO INPUT OF WHICH AML HAS NO CONTROL OVER THE COLLECTION, USE OR INTERPRETATION, AND YOU ACCEPT THE ENTIRE RISK AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY USE AND THE RESULTS OF THE GHX EXCHANGE USE OF THE LICENSED APPLICATION IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY AND PERFORMANCE. YOU ALSO ACCEPT THE ENTIRE RISK AS TO ANY CONFLICT BETWEEN THE LICENSED APPLICATION AND OTHER SOFTWARE AND ON THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESHARDWARE ON WHICH THE LICENSED APPLICATION IS INSTALLED.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTExcept as set expressly provided in Solodev’s Agreement, EACH OF NOVATIONor otherwise as a result of Solodev’s grossly negligent acts or omissions or willful misconduct, VHASolodev is not liable for any delay or failure to perform its obligations under this Agreement, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESwhere the delay or failure results from any act of God or other cause beyond its reasonable control (including, INCLUDINGwithout limitation, WITHOUT LIMITATIONany mechanical, ANY IMPLIED WARRANTIES OF NONelectronic, communications, or third-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGEparty supplier failure). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF MERCHANTABILITYDEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, NONINFRINGEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND IMPLIED OTHER SERVICES MADE AVAILABLE BY SOLODEV OR ANY THIRD-PARTY VENDORS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS AND NEITHER SOLODEV, ITS PARENT COMPANY, NOR THEIR AFFILIATES AND SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO REGARDING THE SERVICES. EXCEPT FREE SERVICES AND BETA SERVICES ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR WARRANTY WITH RESPECT TO ACCURACY OF DATADAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESDefects should be promptly reported via submitting electronic tickets to xxxx@xxxxxxx.xxx.

Warranty Disclaimer. Licensee acknowledges that: use of the Package OR ANY SUPPORT SERVICES may result in unexpected results, loss of data or other unpredictable damage or loss to Licensee. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSPECIFICALLY PROVIDED HEREIN, EACH THE PACKAGE AND ANY SUPPORT SERVICES ARE BEING PROVIDED "AS IS" WITHOUT WARRANTY OF NOVATIONANY KIND. DESKALERTS, VHAITS AFFILIATES AND ITS OR THEIR RESPECTIVE LICENSORS MAKE NO WARRANTIES OR GUARANTEES OR REPRESENTATIONS, UHC AND HPPI DISCLAIMS EXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, ORAL OR WRITTEN, OF ANY KIND OR NATURE, WITH RESPECT TO THE PACKAGE, ANY SUPPORT SERVICES, THE USE OR DISTRIBUTION THEREOF, INCLUDING ANY MODIFICATION THEREOF BY LICENSEE OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE WITH REGARD TO THE SERVICESTRADE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DESKALERTS DOES NOT WARRANT THAT IT (A) THE PACKAGE OR ANY SUPPORT SERVICES WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE MEET LICENSEE’S REQUIREMENTS, (B) OPERATION OF THE SERVICES, ACCESS TO PRODUCT DATA PACKAGE OR LINKS TO OTHER SUPPLIER MATERIALS ANY SUPPORT SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR (C) DEFECTS WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES11.

Warranty Disclaimer. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATIONTHE LICENSED PRODUCT, VHATHE TAL DATA AND THE ROUTING NETWORK ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, UHC WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. TAL AND HPPI DISCLAIMS THE SOURCES EXPRESSLY DISCLAIM ALL EXPRESS AND WARRANTIES, EXPRESS, IMPLIED WARRANTIESOR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD PERFORMANCE. TAL AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE ROUTING NETWORK, THE TAL DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT, THE ROUTING NETWORK OR TAL DATA. SUBSCRIBER ACCEPTS FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY SUBSCRIBER OR ITS AUTHORIZED USERS USING THE LICENSED PRODUCT, THE ROUTING NETWORK OR TAL DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TAL OR ANY THIRD PARTY ARE AUTHORIZED TO THE SERVICESMAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF TAL. EXCEPT AS EXPRESSLY SET FORTH IN ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER TAL NOR ANY OF ITS AFFILIATES OR THE SOURCES INCLUDING, SERVICE PROVIDER MAKES NO REPRESENTATION WITHOUT LIMITATION, THE EXCHANGES, REPRESENT OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES LICENSED PRODUCT, THE ROUTING NETWORK OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT TAL DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS SUBSCRIBER EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY AGREES THAT USE OF THE GHX EXCHANGE SOFTWARE LICENSED PRODUCT, THE ROUTING NETWORK, THE TAL DATA OR ANY OTHER INFORMATION IS AT SUBSCRIBER’S SOLE RISK AND THAT TAL AND THE CLIENT SOFTWARESOURCES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT, THE ROUTING NETWORK, TAL DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE THIS SECTION SHALL SURVIVE TERMINATION OR SERVICES PROVIDED BY THIRD PARTIESEXPIRATION AND NON-RENEWAL OF THIS AGREEMENT.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH CHAPEL COMMUNICATIONS’S LIABILITY TO YOU FOR ANY ACTUAL LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR RELATED TO MISTAKES, OMISSIONS, INTERUPTIONS, DELAYS, ERRORS OR OTHER DEFECTS IN THIS AGREEMENTSERVICE DURING ANY PERIOD SHALL NOT EXCEED THE COMPANY’S CHARGES TO YOU DURING SUCH PERIOD. IN NO EVENT SHALL THE COMPANY BE LIABLE UNDER TORT, EACH CONTRACT OR OTHER LEGAL THEORY FOR LOST BUSINESS, PROFITS OF NOVATIONREVENUES, VHADAMAGE, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESACCIDENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES INJURY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO PERSON OF PROPERTY OF ANY OTHER PARTY HEREUNDER LOSS, DAMAGE OF EXPENSE, INCLUDING ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING FORM THE USE OF THE EQUIPMENT, THE SERVICE OR OTHER ACTIONS OF THE COMPANY, WHATSOEVER. YOU ACKNOWLEDGE THAT, WITH RESPECT TO ANY PRODUCTS SOLD THROUGH EQUIPMENT, THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCOMPANY’S NETWORK OF ANY SERVICE PROVIDED THEREBY, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, CHAPEL COMMUNICATIONS HAS MADE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT WARRANTIES OF ANY KIND OR NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO ACCURACY OF DATAANY MATTER WHATSOEVER, INCLUDING SUITABILITY, QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE You agree to indemnify, defend and hold Chapel Communications and its affiliates, officers, directors and employees harmless from and against any and all claims, actions, liabilities, losses, damages, costs, expenses and reasonable fees of legal counsel arising from or in connection with any use of this service. YOUR SIGNATURE BELOW INDICATES YOUR ACCEPTANCE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERRORTERMS OF THIS AGREEMENT. RESIDENTIAL SERVICE LEVEL Check service Level to Left and Circle Monthly Price This pricing only applies if your base Phone Service is through Bellsouth Check Select Service Service Plan Minimum Service Period First Year Promotional Rate 1536K x 256K 1 year $49.99 Monthly 3000K x 384K 1 year $69.99 Monthly Activation Fee (Includes DSL modem) _$129.95 PRINT CUSTOMER NAME SERVICE PHONE NUMBER This is the number DSL will be assigned to Residential Service Agreement for Bellsouth Territory Rev. 2006-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.04 Definitions:

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESTHE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GGS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY UPTIME OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSUNINTERRUPTED ACCESS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR, USEFULNESS, OF THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIESSERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITYALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE. FURTHER, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER GGS MAKES NO WARRANTY REGARDING FEATURESTHAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. NO ADVICE, SOFTWARE RESULTS OR SERVICES INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM GGS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GGS SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CUSTOMER’S EQUIPMENT ON ACCOUNT OF CUSTOMER’S ACCESS TO, USE OF, OR BROWSING IN THE SERVICE OR CUSTOMER’S DOWNLOADING OF ANY CONTENT OF ANY KIND FROM THE SERVICE. IN ADDITION, GGS RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SERVICE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. GGS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY THIRD PARTIESANYONE OTHER THAN A GGS AUTHORIZED REPRESENTATIVE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS CUSTOMER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

Warranty Disclaimer. EXCEPT SUBSCRIBER EXPRESSLY UNDERSTAND AND AGREE THAT ALL USE OF CHEMAXON SAAS IS AT SUBSCRIBER'S SOLE RISK AND THAT CHEMAXON SAAS AND MAINTENANCE AND SUPPORT SERVICES ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND "AS AVAILABLE." CHEMAXON, EACH OF NOVATIONITS SUBSIDIARIES AND AFFILIATES, VHA, UHC AND HPPI DISCLAIMS ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTREGARDING CHEMAXON SAAS OR MAINTENANCE AND SUPPORT SERVICES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL INCLUDING IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, NONINFRINGEMENT, TOGETHER WITH ANY AND IMPLIED ALL WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESUSAGE IN TRADE. EXCEPT AS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHEMAXON OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH STATED IN THIS AGREEMENTEUSA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE PROVIDER MAKES NO REPRESENTATION CHEMAXON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANTY WITH RESPECT WARRANT TO ACCURACY SUBSCRIBER THAT: (A) SUBSCRIBER’S USE OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT CHEMAXON SAAS OR MAINTENANCE AND SUPPORT SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS, OR (B) SUBSCRIBER’S USE OF CHEMAXON SAAS OR MAINTENANCE AND SUPPORT SERVICES WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT CHEMAXON'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBSCRIBER UNDERSTANDS AND ACKNOWLEDGES THAT CHEMAXON SAAS IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN THE SERVICES HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR THAT USE OF THE SERVICESCOMMUNICATION SYSTEMS, ACCESS TO PRODUCT DATA AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESWEAPONS SYSTEMS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH VERACITY MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF NOVATION, VHA, UHC SAME AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. VERACITY DOES NOT WARRANT THAT THE SERVICE OR USEDEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. VERACITY DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE PROVIDER MAKES NO REPRESENTATIONSAND DEVICE “AS IS” AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT ENABLED TO FUNCTION AS OUTDIALING SYSTEMS INCLUDING HOME OR OFFICE SECURITY SYSTEMS, WARRANTIES TTY EQUIPMENT, MEDICAL MONITORING EQUIPMENT OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH SATELLITE TELEVISION SYSTEMS. COMPANY WILL NOT BE LIABLE FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE GHX EXCHANGESERVICES. CUSTOMER FURTHER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTOTHERWISE AGREED, SERVICE PROVIDER PROVIDES ALL THE SERVICES HEREUNDER ARE NOT DESIGNED, INTENDED OR RECOMMENDED AS A MEANS BY WHICH TO STORE OR TRANSMIT “PROTECTED HEALTH INFORMATION” (“PHI’) AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIESDEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND RELATED OR SIMILAR LAWS (COLLECTIVELY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES“HIPAA”). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT THEIR USE OF THE SERVICESWILL COMPLY WITH HIPAA OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA, ACCESS AND IS RELEASED FROM ANY LIABILITY FOR ITS ACTS OR OMISSIONS RELATING TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESHIPAA.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION, EACH OF NOVATIONTHE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN "AS AVAILABLE, VHA" "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UHC TANIUM AND HPPI DISCLAIMS ITS SUPPLIERS DISCLAIM ALL EXPRESS OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND IMPLIED WARRANTIESPREMIUM SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSTITLE, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER TANIUM DOES NOT WARRANT THAT IT THE SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICES, ACCESS TO PRODUCT DATA SERVICE OR LINKS TO OTHER SUPPLIER MATERIALS PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF THE SERVICE PROVIDER PROVIDES NO OR PREMIUM SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREANY THIRD-PARTY PRODUCTS, SCRIPTS, CONTENT, OR OTHER TECHNOLOGIES. EXCEPT AS EXPRESSLY PROVIDED HEREINNO ORAL OR WRITTEN INFORMATION OR ADVICE, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESINCLUDING, SOFTWARE BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR SERVICES QUERIES, PROVIDED BY THIRD PARTIESTANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD- PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, guarantees or conditions despite these exclusions, those warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer) and 9 (Limitation of Liability).

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SETTLEMENT AGREEMENT, EACH NEITHER PURDUE NOR ANY OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES MAKES ANY IMPLIED REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF NON-INFRINGEMENTANY KIND, MERCHANTABILITY EITHER EXPRESS OR FITNESS FOR A PARTICULAR PURPOSE IMPLIED, INCLUDING ANY EXPRESS OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES INCLUDING WITH RESPECT TO THE FUNCTIONALITY PURDUE PATENTS OR ANY OTHER PATENT HELD BY PURDUE. FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS SETTLEMENT AGREEMENT, NOTHING IN THIS SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION CLAIMED IN ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE PURDUE PATENTS DO NOT, OR THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF EMBEDA® PRODUCTS BY ANY PERSON DOES NOT, INFRINGE ANY PATENT RIGHTS OR *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IT IS HEREBY AGREED AND ACKNOWLEDGED BY KING THAT PURDUE IS GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO KING IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE GHX EXCHANGE SOFTWARE AND EMBEDA® PRODUCTS OR THE CLIENT SOFTWAREVALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS. EXCEPT AS EXPRESSLY PROVIDED HEREINFURTHER, SERVICE PROVIDER MAKES NO KING WILL NOT GIVE ANY SUCH GUARANTEE OR WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY TO ANY THIRD PARTIESPARTIES ON BEHALF OF PURDUE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 15 OR IN THE SLA, EACH OF NOVATIONCLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, VHAQUIVERS SOLUTION AND QUIVERS SITE, UHC AND HPPI DISCLAIMS ALL EXPRESS THE INFORMATION AND IMPLIED WARRANTIESANY CONTENT CONTAINED THEREON, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SERVICE PROVIDER HEREBY QUIVERS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIESOTHER WARRANTIES OF ANY KIND, INCLUDINGEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING PURPOSE OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER QUIVERS MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR WARRANTY WITH RESPECT TO ACCURACY SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF DATACLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE PROVIDER QUIVERS DOES NOT WARRANT OR GUARANTEE THAT IT CLIENT WILL BE ABLE TO CORRECT ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL REPORTED DEFECTS IN TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE SERVICES QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY. LIMITATION OF LIABILITY IN NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), WHETHER SUCH LIABILITY IS FORESEEABLE, EVEN IF QUIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, EQUITY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH LIABILITY ARISING OUT OF, OR RESULTING FROM: (1) THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE QUIVERS SERVICES; (2) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; (3) THE ACQUISITION OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE QUIVERS SERVICES; (4) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE QUIVERS SERVICES, ACCESS INCLUDING WITHOUT LIMITATION THE UPLOADING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE QUIVERS SITE, INCLUDING BUT NOT LIMITED TO PRODUCT DATA ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED INACTION OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREINANY COMPUTER SYSTEM, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINPHONE LINE, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESHARDWARE, SOFTWARE OR SERVICES PROVIDED PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS; OR (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS’ TRANSMISSIONS OR DATA. NOTWITHSTANDING THE FACT THAT QUIVERS OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUIVERS SITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, QUIVERS AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING OR OPERATING THE QUIVERS SITE, ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION. QUIVERS’ LIABILITY TO CLIENT ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT, STRICT PRODUCT LIABILITY OR EQUITABLE THEORIES, SHALL NOT EXCEED THE SUM OF ALL PAYMENTS MADE OR OWED BY THIRD PARTIESCLIENT PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Warranty Disclaimer. EXCEPT THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND XXXXXXXXXX.XXX, ITS AFFILIATES AND SUPPLIERS EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIM ALL WARRANTIES AND CONDITIONS, EACH OF NOVATIONEXPRESS, VHAIMPLIED OR STATUTORY, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND NON- INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXXXX.XXX, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR COURSE OF PERFORMANCE WITH REGARD TO AGENTS SHALL INCREASE THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE SCOPE OF THE SERVICESABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. LIMITATION OF LIABILITY. IN NO EVENT SHALL XXXXXXXXXX.XXX BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, ACCESS INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO PRODUCT THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED USE, WHETHER IN AN ACTION IN CONTRACT OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREINTORT, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY WHETHER OR NOT XXXXXXXXXX.XXX HAS BEEN ADVISED OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREPOSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREINXXXXXXXXXXX.XXX TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED FIVE ($5.00) U.S. DOLLARS. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of any of the exclusive remedies provided for under this Agreement. In jurisdictions that do not allow the exclusion or limitation of liability for consequential, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESspecial or incidental damages, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESXxxxxxxxxx.Xxx’s liability under this Agreement shall be limited to the maximum extent permitted by applicable law.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY, SELLER SELLS AND BUYER ACCEPTS ALL VEHICLES "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS", EACH OF NOVATION, VHA, UHC AND HPPI SELLER MAKES NO AND DISCLAIMS ALL EXPRESS CONDITIONS, GUARANTEES, REPRESENTATIONS, AND IMPLIED WARRANTIES, INCLUDINGWHETHER EXPRESS OR IMPLIED, WITHOUT LIMITATIONWHETHER EXISTING BY COMMON LAW, STATUTE, OR OTHERWISE, REGARDING ANY VEHICLE (INCLUDING WITH RESPECT TO THE QUALITY, QUANTITY, FITNESS, MERCHANTABILITY, DURABILITY, OR SUITABILITY OF ANY VEHICLE), INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE USE OR USEPURPOSE. SERVICE PROVIDER MAKES SELLER MAY MAKE DESIGN AND SPECIFICATION CHANGES TO FUTURE VEHICLES WITHOUT NOTICE OR OBLIGATION TO BUYER. NO REPRESENTATIONSASSISTANCE, WARRANTIES INFORMATION, OR COVENANTS TO SUGGESTION OR ANY OTHER PARTY HEREUNDER WITH RESPECT ORAL STATEMENT BY ANY AGENT OR EMPLOYEE OF SELLER REGARDING THE PURCHASE, USE, SELECTION, APPLICATION, TECHNICAL SPECIFICATIONS, OR SUITABILITY OF ANY VEHICLE WILL BE DEEMED TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR BE A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT OF ANY KIND, AND BUYER MAY NOT RELY UPON ANY SUCH STATEMENT FOR ANY REASON. BUYER REPRESENTS AND WARRANTS TO ACCURACY SELLER THAT BUYER HAS RELIED EXCLUSIVELY UPON BUYER'S OWN KNOWLEDGE AND JUDGMENT REGARDING ALL VEHICLES, INCLUDING THE FITNESS OR SUITABILITY OF DATAANY VEHICLE FOR BUYER'S PARTICULAR, INTENDED, OR CONTEMPLATED USE OR PURPOSE. SERVICE PROVIDER DOES NOT WARRANT THAT IT THE SOLE LIABILITY OF SELLER TO BUYER FOR A BREACH OF WARRANTY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS REPAIR OR REPLACE ANY DEFECTIVE PART OR COMPONENT, WHICH DEFECTIVE PART OR COMPONENT BUYER RETURNS TO SELLER AND IS, IN SELLER'S SOLE DISCRETION, DEFECTIVE. THE SERVICES OPTION OF REPAIR OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS REPLACEMENT WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY F.O.B. SELLER'S PRINCIPAL PLACE OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESBUSINESS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN PAI AND ITS’ BANK SPONSOR, PROCESSORS AND NETWORKS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, THE DELIVERY SYSTEM OR RELATED COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO ATM OWNER UNDER THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, NONINFRINGEMENTEMPLOYEE, DISTRIBUTOR, REPRESENTATIVE OR DEALER OF PAI, ITS’ BANK SPONSOR, PROCESSOR OR NETWORK SHALL BE AUTHORIZED TO ENLARGE OR MODIFY SUCH WARRANTY. THE STATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PAI, PROCESSOR AND IMPLIED WARRANTIES NETWORK FOR DAMAGES ARISING FROM COURSE OUT OF DEALING OR COURSE IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF PERFORMANCE WITH REGARD THE SERVICES SYSTEM. THE COMPANY UNDERSTANDS AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE DEPLOYMENT OF THE ATM AND ASSOCIATED ATM EQUIPMENT AND MEETING ALL CURRENT NETWORK, GOVERNMENTAL AND REGULATORY STANDARDS TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTNO EVENT SHALL PAI, SERVICE PROVIDER MAKES NO REPRESENTATION ITS BANK SPONSOR, PROCESSOR OR NETWORK BE LIABLE, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY WITH RESPECT OR OTHERWISE, FOR ANY LOST PROFITS, LOSS OF BUSINESS, REVENUES OR FOR OTHER SPECIAL DAMAGES SUFFERED BY ATM OWNER, ITS CUSTOMERS OR OTHERS, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ATM OWNER’S INABILITY TO ACCURACY USE THE SERVICES SYSTEM OR LOSS OF DATA, EVEN IF THE BANK SPONSOR, NETWORK, PROCESSOR, PAI, OR THEIR AUTHORIZED AGENTS, EMPLOYEES, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDER DOES COMPANY AGREES THAT PAI IS NOT WARRANT THAT IT WILL RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME. THE CUMULATIVE LIABILITY OF PAI, IT’S BANK SPONSOR, PROCESSOR AND NETWORK UNDER OR RELATED TO THIS AGREEMENT SHALL BE ABLE LIMITED TO CORRECT ALL REPORTED DEFECTS THE TOTAL AMOUNT OF FEE INCOME EARNED BY ATM OWNER IN THE SERVICES PREVIOUS TWELVE (12) MONTHS. ATM OWNER AGREES THAT PAI IS NOT RESPONSIBLE FOR ANY NETWORK OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA PROCESSING SWITCH PROBLEMS OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESDOWNTIME.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 9.1, THE RAPTA OFFERING IS PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC IS” AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED “AS AVAILABLE”. NEITHER RAPTA NOR ITS SUPPLIERS MAKE ANY OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, WITHOUT LIMITATIONSTATUTORY OR OTHERWISE, ANY AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USEAND NONINFRINGEMENT. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER RAPTA DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT CUSTOMER’S USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS RAPTA OFFERING WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, NOR DOES RAPTA WARRANT THAT THE RESULTS FROM USE OF THE RAPTA OFFERING WILL BE ACCURATE OR RELIABLE. EXCEPT AS EXPRESSLY PROVIDED HEREINRAPTA DOES NOT WARRANT THAT RAPTA WILL REVIEW THE CUSTOMER DATA SUBMITTED TO THE RAPTA PLATFORM FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. RAPTA SHALL NOT BE LIABLE FOR THE RESULTS OF ANY COMMUNICATIONS SENT OR ANY COMMUNICATIONS THAT WERE FAILED TO BE SENT USING THE RAPTA OFFERING. RAPTA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE PROVIDER PROVIDES NO FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RAPTA. RAPTA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT CUSTOMER’S USE OF THE RAPTA OFFERING WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH RESPECT ANY APPLICABLE LAWS OR REGULATIONS. CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT CUSTOMER’S AND ITS USER’S USE OF AND ACCESS TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARERAPTA OFFERING IS IN ACCORDANCE WITH APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER RAPTA FURTHER MAKES NO WARRANTY REGARDING FEATURESIN CONNECTION WITH UPLOAD OR DOWNLOAD OF “SENSITIVE DATA TYPES”, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.DEFINED AS DATA PERTAINING TO

Warranty Disclaimer. EXCEPT THE AGGREGATED PACKAGE AND DOCUMENTATION ARE LICENSED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC IS,” AND HPPI JELASTIC DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTACCURACY, TIMELINESS, TITLE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JELASTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT THE AGGREGATED PACKAGE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE AGGREGATED PACKAGE WILL BE ABLE TO CORRECT ALL REPORTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE SERVICES AGGREGATED PACKAGE WILL BE CORRECTED OR THAT THE AGGREGATED PACKAGE WILL BE COMPATIBLE WITH FUTURE JELASTIC’ PRODUCTS, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE AGGREGATED PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE AGGREGATED PACKAGE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEAGGREGATED PACKAGE. EXCEPT YOU SHALL BEAR THE ENTIRE RISK AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY QUALITY AND THE PERFORMANCE OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESAGGREGATED PACKAGE.

Warranty Disclaimer. EXCEPT THE SERVICE IS PROVIDED ON AN "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF NOVATIONANY KIND, VHA, UHC AND HPPI DISCLAIMS ALL WHETHER EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZIFT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ZIFT, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS AND THE BANK (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND IMPLIED WARRANTIES ARISING FROM COURSE EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF DEALING VIRUSES OR COURSE OTHER HARMFUL COMPONENTS. ZIFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZIFT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PERFORMANCE WITH REGARD TO THE PRODUCTS OR SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTAll third party hardware and other products included or sold with the Service are provided solely according to the warranty and other terms specified by the manufacturer, SERVICE PROVIDER who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer or distributor directly. ZIFT MAKES NO REPRESENTATION WARRANTIES, EXPRESS OR WARRANTY IMPLIED, WITH RESPECT TO ACCURACY SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES MERCHANTABILITY, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESFITNESS FOR A PARTICULAR PURPOSE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT1. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF NOVATIONGOEDUCATE, VHAITS OFFICERS, UHC DIRECTORS, EMPLOYEES, AND HPPI DISCLAIMS AGENTS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USEIN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. SERVICE PROVIDER GOEDUCATE MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OTHER PARTY HEREUNDER WITH RESPECT (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY PRODUCTS SOLD UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTUSE OF ANY CONTENT POSTED, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIESEMAILED, INCLUDINGTRANSMITTED, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OTHERWISE MADE AVAILABLE VIA THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER GOEDUCATE DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THAT ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOEDUCATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE YOUR BEST JUDGMENT AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESEXERCISE CAUTION WHERE APPROPRIATE.

Warranty Disclaimer. Licensee acknowledges that: use of the Package OR ANY SUPPORT SERVICES may result in unexpected results, loss of data or other unpredictable damage or loss to Licensee. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSPECIFICALLY PROVIDED HEREIN, EACH THE PACKAGE AND ANY SUPPORT SERVICES ARE BEING PROVIDED "AS IS" WITHOUT WARRANTY OF NOVATIONANY KIND. DESKALERTS, VHAITS AFFILIATES AND ITS OR THEIR RESPECTIVE LICENSORS MAKE NO WARRANTIES OR GUARANTEES OR REPRESENTATIONS, UHC AND HPPI DISCLAIMS EXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, ORAL OR WRITTEN, OF ANY KIND OR NATURE, WITH RESPECT TO THE PACKAGE, ANY SUPPORT SERVICES, THE USE OR DISTRIBUTION THEREOF, INCLUDING ANY MODIFICATION THEREOF BY LICENSEE OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE OR NON- INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE WITH REGARD TO THE SERVICESTRADE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DESKALERTS DOES NOT WARRANT THAT IT (A) THE PACKAGE OR ANY SUPPORT SERVICES WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE MEET LICENSEE’S REQUIREMENTS, (B) OPERATION OF THE SERVICES, ACCESS TO PRODUCT DATA PACKAGE OR LINKS TO OTHER SUPPLIER MATERIALS ANY SUPPORT SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES(C) DEFECTS WILL BE CORRECTED.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AND LOSSES AGAINST US RELATING TO OR ARISING FROM YOUR RENTAL OF THE EQUIPMENT OR OUR PERFORMANCE UNDER THE THIS AGREEMENTAGREEMENT OR RENTAL DOCUMENTS, EACH INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR PROPERTY, PAVEMENT, BUILDINGS, STRUCTURES, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, FENCING, LOW HANGING WIRES, MAILBOX, ROOTS, BRANCHES, LAWN, XXXXX, IRRIGATION SYSTEMS, SEPTIC SYTEMS, BASEMENTS, FOOTINGS OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF NOVATIONTHE EQUIPMENT IN, VHAON, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESOR AROUND YOUR PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED DAMAGE TO YOUR PROPERTY FROM LEAKS OR STAINS RELATING TO YOUR USE OF THE RENTED EQUIPMENT. OUR EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND WE MAKE NO WARRANTIES OF NON-INFRINGEMENTTO YOU, MERCHANTABILITY EITHER EXPRESS OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIESIMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF AS TO MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICESEQUIPMENT WILL MEET YOUR REQUIREMENTS. SANDWICH LOADS AND MIXED LOADS – Loads are considered mixed when contents must be disposed of at different Facilities or a Facility requires the load to be sorted before they will accept it. Trash and construction debris must be dumped at separate Facilities, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEso these loads cannot be mixed. EXCEPT AS EXPRESSLY PROVIDED HEREINAttempting to dump debris at an incorrect facility may result in fines or penalties which will be passed on to You. If You attempt to conceal a mixed load, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREit will result in You being charged all costs to rectify the situation, plus any fines and fees incurred. EXCEPT AS EXPRESSLY PROVIDED HEREINWe reserve the right to reject any load. CLEAN UP – We will not be held responsible for any debris on the ground or in the immediate vicinity of Our Equipment, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESexcept for debris which has been properly deposited in Our Equipment. We will not be responsible for any debris that falls on the ground or on any part of Your property as a result of the removal of Our Equipment. Debris or materials that fall on the ground as a result of normal removal means that it was not properly deposited in Our Equipment.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE PROGRAM, EACH CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF NOVATIONANY KIND, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIESIMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING PURPOSE OR COURSE OF PERFORMANCE WITH REGARD NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE SERVICESQUALITY, ACCURACY, COMPLETENESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER COMPANY DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE FUNCTIONALITY OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED HEREINFURTHER, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE FUNCTIONALITY QUALITY OR ACCURACY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIESITS AFFILIATE STORES OR SELLERS IN CONJUNCTION WITH THE PROGRAMS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “"AS IS.” " SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE -45- PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.

Warranty Disclaimer. EXCEPT XXXXX has no special relationship with or fiduciary duty to you. You acknowledge that XXXXX has no control over, and no duty to take any action regarding: which users gain access to the Services; what Results you may obtain via the Services; what effects the Content may have on you; how you may interpret or use the Results; or what actions you may take as a result of having been exposed to the Content. You release MAXMA from all liability for your having acquired or not acquired Content and Results through the Services. MAXMA does not manage or control any business or individual that you may interact with through the Services, and MAXMA accepts no responsibility or liability for any act or omission by such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against MAXMA with respect to acts and omissions by such entities. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. MAXMA makes no representations concerning any content contained in or accessed through the Services, and MAXMA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, RESULTS, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” BASIS, EACH WITHOUT WARRANTIES OF NOVATIONANY KIND, VHA, UHC AND HPPI DISCLAIMS ALL EITHER EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USENON-INFRINGEMENT. SERVICE PROVIDER MAKES NO REPRESENTATIONSSOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, MAXMA DISCLAIMS ANY LIABILITY OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL PROVIDED THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTBY USING THE SERVICES, SERVICE PROVIDER MAKES NO REPRESENTATION YOU ACKNOWLEDGE THAT XXXXX IS NOT RESPONSIBLE OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.;

Warranty Disclaimer. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND EXCEPT AS TO THE EXTENT THAT WARRANTIES ARE EXPRESSLY SET FORTH IN GRANTED WITHIN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED NO WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR USEANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF ARE GRANTED TO OUR CUSTOMERS OR ANY THIRD PARTIES. SERVICE PROVIDER MAKES WE MAKE NO REPRESENTATIONSREPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET OUR CUSTOMER'S REQUIREMENTS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THAT THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. IT IS FURTHER AGREED AND UNDERSTOOD THAT WE DO NOT WARRANT THE ACCURACY OR THAT RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES, ACCESS TO PRODUCT SERVICES OR ANY DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED INFORMATION DOWNLOADED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO OTHERWISE OBTAINED OR ACQUIRED THROUGH THE FUNCTIONALITY USE OF THE GHX EXCHANGE SOFTWARE SERVICES AND IT IS HEREBY ACKNOWLEDGED BY OUR CUSTOMERS THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE TO BE USED AT HIS / HER SOLE RISK AND THAT THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED RESULTS AND INFORMATION DERIVED THEREFROM SHALL BE BORNE SOLELY BY THIRD PARTIESTHE CUSTOMER.

Warranty Disclaimer. EXCEPT THE SERVICE, SOFTWARE AND ALL DOCUMENTATION PROVIDED BY CISCO HEREUNDER ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND CISCO EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED WARRANTIESOR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, MERCHANTABILITY NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSQUALITY, WARRANTIES OR COVENANTS TO AS WELL AS ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR THE ABSENCE OF ANY DEFECTS THEREIN, AND IMPLIED WARRANTIES ARISING FROM WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY CISCO ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESTRADE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER CISCO DOES NOT WARRANT THAT IT THE SERVICE, SOFTWARE OR THE DOCUMENTATION PROVIDED UNDER THIS AGREEMENT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CISCO DOES NOT GUARANTEE THAT THE SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT WILL GUARANTEE SECURITY DUE TO THE FUNCTIONALITY CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, NETWORKS AND ENDPOINTS. CISCO DOES NOT WARRANT THAT THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARESERVICE WILL PROTECT YOUR FILES, NETWORK OR ENDPOINTS FROM ALL MALWARE, VIRUSES OR THIRD PARTY MALICIOUS ATTACKS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESYOU ACKNOWLEDGE THAT CISCO’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR BENEFIT ONLY.

Warranty Disclaimer. EXCEPT THE SOFTWARE IS LICENSED FOR CUSTOMER'S TEMPORARY EVALUATION "AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC IS" AND HPPI DISCLAIMS WIND RIVER AND ITS LICENSORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WIND RIVER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 9. LIMITATION OF LIABILITY. WIND RIVER AND IMPLIED WARRANTIES ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY EVEN IF WIND RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WIND RIVER'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING FROM COURSE OUT OF DEALING OR COURSE RELATED TO THIS AGREEMENT EXCEED $50.00 OR THE AMOUNT CUSTOMER ACTUALLY PAID WIND RIVER UNDER THIS AGREEMENT (IF ANY). THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF PERFORMANCE WITH REGARD TO THE SERVICESBASIS OF THE BARGAIN BETWEEN WIND RIVER AND CUSTOMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES WIND RIVER WOULD NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN PROVIDE THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREESOFTWARE WITHOUT SUCH LIMITATIONS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES<PAGE> 10.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION, EACH OF NOVATIONTHE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN “AS AVAILABLE, VHA” “AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UHC TANIUM AND HPPI DISCLAIMS ITS SUPPLIERS DISCLAIM ALL EXPRESS OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND IMPLIED WARRANTIESPREMIUM SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSTITLE, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER TANIUM DOES NOT WARRANT THAT IT THE SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICES, ACCESS TO PRODUCT DATA SERVICE OR LINKS TO OTHER SUPPLIER MATERIALS PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF THE SERVICE PROVIDER PROVIDES NO OR PREMIUM SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREANY THIRD-PARTY OR NON-GA PRODUCTS, SCRIPTS, CONTENT, OR OTHER TECHNOLOGIES. EXCEPT AS EXPRESSLY PROVIDED HEREINNO ORAL OR WRITTEN INFORMATION OR ADVICE, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESINCLUDING, SOFTWARE BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR SERVICES QUERIES, PROVIDED BY THIRD PARTIESTANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, guarantees or conditions despite these exclusions, those warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer; Integrations with Third-Party Software and Services) and 9 (Limitation of Liability).

Warranty Disclaimer. EXCEPT AS FOR THE WARRANTIES EXPRESSLY SET FORTH INCLUDED IN THIS AGREEMENTSECTION 8, EACH OF NOVATION, VHA, UHC SISENSE AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, WITHOUT LIMITATION, RELATING TO THE PRODUCT AND/OR ANY PROFESSIONAL SERVICES OR SUPPORT SERVICES. XXXXXXX DISCLAIMS AND EXCLUDES THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR USEAND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER SISENSE DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES CUSTOMER’S (OR THAT ITS END CUSTOMERS’, IF APPLICABLE) USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS PRODUCTS WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE PRODUCTS WILL BE ERROR-FREEFREE OR SECURE OR THAT IT WILL BE COMPATIBLE WITH ALL OF CUSTOMER’S (OR ITS END CUSTOMERS’, IF APPLICABLE) EQUIPMENT OR SOFTWARE CONFIGURATIONS, OR THAT THE PRODUCT IS DESIGNED TO MEET ALL OF CUSTOMER’S (OR ITS END CUSTOMERS, IF APPLICABLE) BUSINESS REQUIREMENTS. EXCEPT AS EXPRESSLY PROVIDED HEREINSISENSE WILL NOT BE LIABLE FOR ANY LIABILITY, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT COST OR CLAIM ARISING DIRECTLY FROM CUSTOMER’S FAILURE TO UPDATE THE PRODUCT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE LATEST VERSION MADE AVAILABLE BY SISENSE. NO SISENSE DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE ANY OTHER SUCH TERMS OR SERVICES PROVIDED BY THIRD PARTIESREPRESENTATIONS OR WARRANTIES SHALL NOT BE BINDING ON SISENSE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 15 OR IN THE SLA, EACH OF NOVATIONCLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, VHAQUIVERS SOLUTION AND QUIVERS SITE, UHC AND HPPI DISCLAIMS ALL EXPRESS THE INFORMATION AND IMPLIED WARRANTIESANY CONTENT CONTAINED THEREON, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SERVICE PROVIDER HEREBY QUIVERS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIESOTHER WARRANTIES OF ANY KIND, INCLUDINGEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING PURPOSE OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER ​ XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS' SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR WARRANTY WITH RESPECT TO ACCURACY SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF DATACLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE PROVIDER XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT IT CLIENT WILL BE ABLE TO CORRECT ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL REPORTED DEFECTS IN TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE SERVICES QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING BRANDS. USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE UNINTERRUPTED OR ERROR-FREESOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER QUIVERS PROVIDES NO WARRANTIES COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH RESPECT TO ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY. XXXXXXX MAKES NO REPRESENTATIONS THAT THE FUNCTIONALITY MATERIALS CONTAINED WITHIN THE QUIVERS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF CLIENT USES THE QUIVERS SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE GHX EXCHANGE SOFTWARE JURISDICTION FROM WHICH CLIENT ACCESS IT, INCLUDING WITHOUT LIMITATION THE EXPORT AND THE CLIENT SOFTWAREIMPORT REGULATIONS OF OTHER COUNTRIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.​

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 9(A), THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS EXPRESSLY SET FORTH IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN THIS AGREEMENTCONNECTION HEREWITH. CITYVIEW, EACH OF NOVATIONITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, VHATHE SOFTWARE SERVICES, UHC THE SERVICES, THE PROFESSIONAL SERVICES AND HPPI DISCLAIMS ALL EXPRESS ANY OTHER PRODUCTS, SERVICES AND IMPLIED WARRANTIESMATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING TITLE OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER CITYVIEW DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO CORRECT THE SERVICES OR THE SOFTWARE SERVICES SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL REPORTED OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR THAT USE SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, CITYVIEW DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES, ACCESS TO PRODUCT DATA ) AND ASSUMES NO RESPONSIBILITY OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES LIABILITY WITH RESPECT TO THE FUNCTIONALITY FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE GHX EXCHANGE SOFTWARE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED SIGNED BY THIRD PARTIESAN AUTHORIZED SIGNING OFFICER OF CITYVIEW.

Warranty Disclaimer. EXCEPT THE SERVICES IS PROVIDED ON AN “AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF NOVATIONANY KIND, VHA, UHC AND HPPI DISCLAIMS ALL WHETHER EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CLEVER, ITS SUBSIDIARIES, ITS AFFILIATES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES ITS LICENSORS DO NOT WARRANT THAT IT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE ABLE TO CORRECT ALL REPORTED AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS IN OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WE DO NOT WARRANT, ACCESS ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION APPLICATIONS), AND WE WILL NOT BE A PARTY TO PRODUCT DATA OR LINKS TO IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION DEVELOPERS). FEDERAL LAW, SOME STATES, PROVINCES AND OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREINJURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY SO SOME OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN THIS AGREEMENTLIEU OF ALL OTHER WARRANTIES, EACH TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF NOVATIONLAW, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESSTATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTSATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, NON-INFRINGEMENT AND QUIET ENJOYMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXPANDER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF THIS PRODUCT. EXPANDER SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR OR MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD. WARRANTY CLAIM In the event of a warranty claim, the Customer shall first contact the seller (if purchased through an authorized reseller) or Expander (if purchased directly) to obtain a warranty claim number. All warranty claims must be made in writing to Expander within 30 days after the defect has been detected and at the latest 14 days from the expiration of the warranty. Dated proof of purchase from Expander or its reseller may be required at the time of a warranty claim. Expander will provide technical support to their authorized resellers and determine in consultation with them if the warranty claim falls within the extent of the warranty. Expander reserves the right to require from the Customer a written report on the warranty claim and that the Customer return the defective part at its own expense. It is recommended that returned products be insured and sent by a method that provides for tracking of the package. Responsibility for loss or damage does not transfer to Expander until the returned products are received by Expander. Once received, Expander will retain risk of loss or damage until either the products are returned, or a replacement product is delivered, to the Customer. The allocation of responsibility for loss or damage stated shall be subject to any mandatory legal requirements. LIMITATION OF LIABILITY TO THE FULL EXTENT ALLOWED BY LAW, EXPANDER ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF EXPANDER OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT TO AN EQUIVALENT PRODUCT, OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE REFUND OF THE SERVICESPURCHASE PRICE PAID, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS AT EXPANDER'S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE UNINTERRUPTED OR ERROR-FREEAFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. EXCEPT AS EXPRESSLY PROVIDED HEREINSome countries, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREstates, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied or the limitation of liability for death or personal injury, so the above limitations and exclusions may be limited in their application to you. EXCEPT AS EXPRESSLY PROVIDED HEREINWhen the implied warranties are not allowed to be excluded in their entirety, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights which may vary depending on local law. GOVERNING LAW

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION, EACH OF NOVATIONTHE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN “AS AVAILABLE, VHA” “AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UHC TANIUM AND HPPI DISCLAIMS ITS SUPPLIERS DISCLAIM ALL EXPRESS OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND IMPLIED WARRANTIESPREMIUM SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONSTITLE, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER XXXXXX DOES NOT WARRANT THAT IT THE SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICES, ACCESS TO PRODUCT DATA SERVICE OR LINKS TO OTHER SUPPLIER MATERIALS PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXXX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF THE SERVICE PROVIDER PROVIDES NO OR PREMIUM SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWAREANY THIRD-PARTY OR NON-GA PRODUCTS, SCRIPTS, CONTENT, OR OTHER TECHNOLOGIES. EXCEPT AS EXPRESSLY PROVIDED HEREINNO ORAL OR WRITTEN INFORMATION OR ADVICE, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESINCLUDING, SOFTWARE BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR SERVICES QUERIES, PROVIDED BY THIRD PARTIESTANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, guarantees or conditions despite these exclusions, those warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer; Integrations with Third-Party Software and Services) and 9 (Limitation of Liability).

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 13(A), THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS EXPRESSLY SET FORTH IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN THIS AGREEMENTCONNECTION HEREWITH. CASTLE, EACH OF NOVATIONITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, VHATHE SOFTWARE SERVICES, UHC THE SERVICES, THE PROFESSIONAL SERVICES AND HPPI DISCLAIMS ALL EXPRESS ANY OTHER PRODUCTS, SERVICES AND IMPLIED WARRANTIESMATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING TITLE OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER CASTLE DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO CORRECT THE SERVICES OR THE SOFTWARE SERVICES SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL REPORTED OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR THAT USE SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, CASTLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES, ACCESS TO PRODUCT DATA ) AND ASSUMES NO RESPONSIBILITY OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES LIABILITY WITH RESPECT TO THE FUNCTIONALITY FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE GHX EXCHANGE SOFTWARE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED SIGNED BY THIRD PARTIESAN AUTHORIZED SIGNING OFFICER OF CASTLE.

Warranty Disclaimer. EXCEPT THE SERVICE AND CLIENT SOFTWARE ARE PROVIDED ON AN "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS" BASIS, EACH WITHOUT WARRANTY OF NOVATIONANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VHA, UHC AND HPPI COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDINGEXPRESS, WITHOUT LIMITATIONIMPLIED, ANY STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY, OR USEITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE CLIENT SOFTWARE OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDER MAKES IN NO REPRESENTATIONS, WARRANTIES OR COVENANTS EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE MSA EXCEED THE AMOUNTS PAID BY YOU FOR ACCESS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICESSERVICE IN THE SIX (6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ACCESS SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEYOU. EXCEPT AS EXPRESSLY PROVIDED HEREININDEMNIFICATION: You agree that You will be responsible for Your use of the Service and any Client Software, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREINand You agree to defend, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESindemnify, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.and hold harmless Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) Your access to, use of, or alleged use of the Service; (b) Your violation of the MSA, this Schedule or any representation, warranty, or agreements referenced herein, or any applicable

Warranty Disclaimer. CONVERGENCE PROVIDES THE SERVICES, EQUIPMENT AND SOFTWARE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND (EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOR ANY THIRD PARTY MANUFACTURER WARRANTIES THAT MAY BE APPLICABLE TO EQUIPMENT PURCHASED BY CUSTOMER FROM CONVERGENCE), EACH OF NOVATIONWHETHER EXPRESS, VHAIMPLIED, UHC STATUTORY OR OTHERWISE, AND HPPI SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USEAND NON-INFRINGEMENT. SERVICE PROVIDER CONVERGENCE MAKES NO REPRESENTATIONSWARRANTY THAT THE SERVICES WILL MEET CUSTOMER REQUIREMENTS, WARRANTIES SPECIFICATIONS, EXPECTATIONS OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THAT THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE SERVICES WILL OPERATE IN COMBINATION WITH CUSTOMER CONTENT, CUSTOMER APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY CONVERGENCE. CUSTOMER ACKNOWLEDGES THAT CONVERGENCE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. CONVERGENCE IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICESSERVICES OR THE INTERNET IN GENERAL, ACCESS OR FOR ANY ISSUES RELATED TO PRODUCT DATA THE PERFORMANCE, USE, OPERATION OR LINKS SECURITY OF THE SERVICES THAT ARISE FROM CUSTOMER’S USE, CUSTOMER CONTENT, CUSTOMER APPLICATIONS, OR THIRD PARTY CONTENT. CONVERGENCE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS OR USEFULNESS OF THIRD PARTY CONTENT. TO OTHER SUPPLIER MATERIALS THE EXTENT THAT CONVERGENCE CANNOT DISCLAIM ANY WARRANTIES IN CERTAIN JURISDICTIONS, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE UNINTERRUPTED OR ERROR-FREETHE MINIMUM PERMITTED UNDER SUCH LAW. EXCEPT AS EXPRESSLY PROVIDED HEREINALTHOUGH REASONABLE EFFORTS ARE MADE TO PROVIDE SECURITY FOR VOICEMAILS AND FAX TRANSMISSIONS, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER CONVERGENCE MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE GUARANTEES OR SERVICES PROVIDED BY THIRD PARTIESWARRANTIES OF SECURITY.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 7.1, THE LEARNING SERVICES AND LEARNING SERVICES PLATFORM ARE PROVIDED “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH OF NOVATION, VHA, UHC IS” AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED “AS AVAILABLE”. NEITHER POSIT NOR ITS SUPPLIERS MAKE ANY OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, WITHOUT LIMITATIONSTATUTORY OR OTHERWISE, ANY AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USEAND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER POSIT DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT CUSTOMER’S USE OF THE SERVICES, ACCESS TO PRODUCT DATA LEARNING SERVICES OR LINKS TO OTHER SUPPLIER MATERIALS LEARNING SERVICES PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, NOR DOES POSIT WARRANT THAT THE RESULTS FROM USE OF THE LEARNING SERVICES OR LEARNING SERVICES PLATFORM WILL MEET CUSTOMER’S OR ITS USERS’ EXPECTATIONS OR WILL BE ACCURATE OR RELIABLE. EXCEPT AS EXPRESSLY PROVIDED HEREINPOSIT DOES NOT WARRANT THAT POSIT WILL REVIEW THE CUSTOMER DATA SUBMITTED TO THE POSIT PLATFORM FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. POSIT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD PARTY SERVICES OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF POSIT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE FUNCTIONALITY SHORTEST PERIOD PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSIT’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE GHX EXCHANGE SOFTWARE AND SERVICES TO SUPPLYING THE CLIENT SOFTWARELEARNING SERVICES AGAIN. EXCEPT AS EXPRESSLY PROVIDED HEREINNo Posit reseller, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURESagent, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESor employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Warranty Disclaimer. EXCEPT THE LICENSED PRODUCT AND THE TAL DATA ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. TAL AND THE SOURCES EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIM ALL WARRANTIES, EACH OF NOVATIONEXPRESS, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESOR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO AND ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD PERFORMANCE. TAL AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE TAL DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR TAL DATA. SUBSCRIBER ACCEPTS FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY SUBSCRIBER AND/OR ITS AUTHORIZED USERS USING THE LICENSED PRODUCT OR TAL DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TAL OR ANY THIRD PARTY ARE AUTHORIZED TO THE SERVICESMAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF TAL. EXCEPT AS EXPRESSLY SET FORTH IN ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER TAL NOR ANY OF ITS AFFILIATES OR THE SOURCES INCLUDING, SERVICE PROVIDER MAKES NO REPRESENTATION WITHOUT LIMITATION, THE EXCHANGES, REPRESENT OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES LICENSED PRODUCT OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT TAL DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS SUBSCRIBER EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY AGREES THAT USE OF THE GHX EXCHANGE SOFTWARE LICENSED PRODUCT, THE TAL DATA OR ANY OTHER INFORMATION IS AT SUBSCRIBER’S SOLE RISK AND THAT TAL AND THE CLIENT SOFTWARESOURCES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT, TAL DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE THIS SECTION SHALL SURVIVE TERMINATION OR SERVICES PROVIDED BY THIRD PARTIESEXPIRATION AND NON-RENEWAL OF THIS AGREEMENT.

Warranty Disclaimer. EXCEPT THE LICENSED INTELLECTUAL PROPERTY IS LICENSED TO LICENSEE "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS." LICENSOR MAKES NO REPRESENTATION OR WARRANTY REGARDING ITS RIGHT, EACH OF NOVATIONTITLE, VHAAUTHORITY AND/OR CAPACITY TO GRANT THE RIGHTS TO LICENSEE PROVIDED FOR HEREIN NOR REGARDING ANY PENDING OR THREATENED, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-PATENT INFRINGEMENT, MERCHANTABILITY TRADEMARK INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO OTHER CLAIMS OF ANY OTHER PARTY HEREUNDER KIND WITH RESPECT TO THE LICENSED INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY OR GUARANTEE THAT THE LICENSED INTELLECTUAL PROPERTY WILL NOT IN THE FUTURE BE INVOLVED IN ANY PRODUCTS SOLD THROUGH INTERFERENCE, REISSUE, REEXAMINATION OR OPPOSITION PROCEEDING; DOES NOT NOW INTERFERE OR WILL NOT IN THE GHX EXCHANGEFUTURE INTERFERE WITH A PATENT OR PATENT APPLICATION OF ANY THIRD PARTY; OR IS NOT NOW, OR WILL NOT IN THE FUTURE BE, INFRINGED, CHALLENGED OR THREATENED. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER LICENSOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESTRADE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS AGREEMENTTHESE TERMS AND CONDITIONS, EACH THE COMPANY MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES (INCLUDING ANY WARRANTY OF NOVATION, VHA, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER APPLICATION) WITH RESPECT TO ANY PRODUCTS GOODS OR SERVICES SOLD THROUGH THE GHX EXCHANGEBY COMPANY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE TRADE USAGE, AND ANY BUYER OF PERFORMANCE GOODS OR SERVICES FROM COMPANY ACKNOWLEDGES THAT THERE ARE NO WARRANTIES IMPLIED BY CUSTOM OR USAGE IN THE TRADES OF THE BUYER AND OF THE COMPANY, AND THAT PRIOR DEALINGS OF BUYER WITH REGARD THE COMPANY DO NOT IMPLY COMPANY WARRANTS THE GOODS OR SERVICES IN ANY WAY. ANY BUYER OF GOODS OR SERVICES FROM THE COMPANY AGREES WITH THE COMPANY THAT THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY WARRANTY CONCERNING THE GOODS OR SERVICES WHETHER BASED UPON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, AND WHETHER FOR COMMERCIAL LOSS, PERSONAL INJURY OR OTHER MONETARY LOSS, SHALL BE AT COMPANY’S OPTION, TO REPAIR OR REPLACE THE SERVICESGOODS OR SERVICES OR REFUND THE PURCHASE PRICE. EXCEPT AS EXPRESSLY SET FORTH THE COMPANY SHALL IN THIS AGREEMENTNO EVENT BE LIABLE FOR EXPENSE FOR REMOVAL, SERVICE PROVIDER MAKES NO REPRESENTATION REINSTALLATION OR WARRANTY WITH RESPECT ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF THE COMPANY FAILS IN ANY ATTEMPT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED REMEDY DEFECTS IN THE SERVICES GOODS AND SERVICES, BUT IN SUCH CASE THE BUYER SHALL BE ENTITLED TO NO MORE THAN A REFUND OF ALL MONIES PAID TO THE COMPANY BY THE BUYER FOR PURCHASE OF ALL GOODS OR THAT USE SERVICES. ANY CAUSE OF ACTION FOR BREACH OF ANY WARRANTY BY THE COMPANY SHALL BE BARRED UNLESS THE COMPANY RECEIVES FROM THE BUYER A WRITTEN NOTICE OF THE SERVICESALLEGED DEFECT OR BREACH WITHIN 20 DAYS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH, ACCESS TO PRODUCT DATA AND NO ACTION FOR THE BREACH OF ANY WARRANTY SHALL BE COMMENCED BY THE BUYER LATER THAN TWELVE MONTHS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREEBREACH. EXCEPT AS EXPRESSLY PROVIDED HEREINFor purposes of this paragraph, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES“Goods” shall specifically include any and all parts thereof.

Warranty Disclaimer. YOUR USE OF THE SHOPGATE CONNECT PLATFORM IS AT YOUR SOLE RISK. THE SHOPGATE CONNECT PLATFORM IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF APPLICATIONS AND CONTENT FROM THE SHOPGATE CONNECT PLATFORM. SHOPGATE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SHOPGATE CONNECT PLATFORM OR SUPPORT SERVICES (IF ANY). YOU UNDERSTAND THAT SHOPGATE USES AFFILIATES, THIRD-PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, AND RELATED TECHNOLOGY REQUIRED TO RUN THE SHOPGATE CONNECT PLATFORM AND THAT SHOPGATE IS NOT RESPONSIBLE FOR THE SERVICES PROVIDED BY SUCH THIRD PARTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO THE EXTENT PROHIBITED BY APPLICABLE LAW, EACH OF NOVATIONSHOPGATE DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, VHAEXPRESS, UHC STATUTORY, AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENTTITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND IMPLIED ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE WITH REGARD PERFORMANCE, OR USAGE OF TRADE. TO THE SERVICES. EXCEPT EXTENT THAT SHOPGATE MAY NOT AS EXPRESSLY SET FORTH IN THIS AGREEMENTA MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, SERVICE PROVIDER MAKES NO REPRESENTATION OR THE SCOPE AND DURATION OF SUCH WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIESMINIMUM PERMITTED UNDER APPLICABLE LAW.

Warranty Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH PROVIDED HEREIN, THE SERVICE IS PROVIDED HEREUNDER WITH NO WARRANTY WHATSOEVER. CUSTOMER ACKNOWLEDGES AND AGREES THAT, WHILE CUSTOMS Info WILL REASONABLY ATTEMPT TO MAINTAIN THE SERVICE SO AS TO REFLECT CHANGES IN THIS AGREEMENTTAX LAWS AND REGULATIONS AND OTHERWISE CONTAIN CURRENT INFORMATION, EACH OF NOVATION, VHA, UHC CUSTOMS Info SHALL HAVE NO OBLIGATION TO DO SO AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONNO LIABILITY TO CUSTOMER, ANY IMPLIED WARRANTIES AUTHORIZED USER OR ANY THIRD PARTY FOR ANY FAILURE ON THE PART OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USECUSTOMS Info TO DO SO. CUSTOMER ACKNOWLEDGES THAT ITS USE OF THE SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGEIS AT ITS OWN RISK. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDED HEREIN, THE SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER IS PROVIDED SOLELY ON AN “AS AS-IS.” SERVICE PROVIDER HEREBY BASIS. CUSTOMS Info MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. CUSTOMS Info EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND/OR NONINFRINGEMENT AND ALL DUTIES AND OBLIGATIONS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICESIN LAW. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER CUSTOMS Info DOES NOT WARRANT THAT IT WILL THE SERVICE SHALL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICESOPERABLE, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE SHALL PROPERLY STORE DATA, SHALL OPERATE UNINTERRUPTED OR ERROR-ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES SHALL BE SECURE, SHALL KEEP DATA CONFIDENTIAL, SHALL FUNCTION OR OPERATE IN CONJUNCTION WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE ANY OTHER PRODUCT OR SERVICES PROVIDED BY THIRD PARTIESSHALL MEET CUSTOMER'S NEEDS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH STATED OTHERWISE IN THIS THE TMS AGREEMENT, EACH WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF NOVATIONTHE SERVICES AND/OR ANY EQUIPMENT, VHAHARDWARE, UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESSOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE PROVIDER WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE), AND WE DISCLAIM ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS, AND IMPLIED YOU HEREBY ASSUME ALL SUCH RISKS. IF ANY OF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, WE MAKE ONLY THE WARRANTIES ARISING FROM COURSE SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF DEALING WARRANTIES STATED IN A SERVICE AGREEMENT OR COURSE OF PERFORMANCE WITH REGARD TO USER GUIDE SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR THAT USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED DISCLAIMERS STATED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES.