Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

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 ARE PROVIDED HEREUNDER “AS IS.” AND NEITHER PARTY MAKES ANY WARRANTYSERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, BY OPERATION OF LAWWITHOUT LIMITATION, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NONINFRINGEMENT COURSE OF THIRD PARTY RIGHTS PERFORMANCE WITH RESPECT REGARD TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXCEPT AS EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED SET FORTH IN THIS AGREEMENT, HMH 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 OPERATION SERVICES OR THAT USE OF THE SERVICES SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHEREXCEPT AS EXPRESSLY PROVIDED HEREIN, HMH MAY USE THIRD PARTY SUPPLIERS SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH PROVIDED BY THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOR THE LIMITED WARRANTIES STATED ABOVE, THE SOLUTIONS AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY WARRANTYAND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING BUT NOT LIMITED TO THE WARRANTY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERNONINFRINGEMENT. HMH AVEPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE THAT CUSTOMER’S USE OF THE SYSTEM CONTENT SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN TERMS USE OF ITS CORRECTNESSTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH AVEPOINT DOES NOT WARRANT THAT THE OPERATION SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE SERVICES LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE UNINTERRUPTEDCORRECTED, VIRUS-FREE NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR ERROR-FREEINEFFICIENCY. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERAVEPOINT MAKES NO WARRANTY, AND HMH CUSTOMER ASSUMES THE ENTIRE RISK, AS TO THE INTEGRITY OF ANY DATA AND THE RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL NOT AVEPOINT BE HELD LIABLE FOR DAMAGES TO CUSTOMER FOR ANY DAMAGES RESULTING FROM ACTIONS OR RELATED TO THE USE OF SUCH THIRD PARTIESTHE SOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH EXPLICITLY STATED IN SUBSECTIONS 12.1 AND 12.3 OF THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” APPLICABLE STATEMENT OF WORK, AND NEITHER PARTY MAKES ANY WARRANTYTHE SERVICE LEVEL AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, BYNDER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIEDIMPLIED BY STATUTE, BY OPERATION OF COMMON LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES , INCLUDING BUT NOT LIMITED TO THE ANY WARRANTY OF PERFORMANCE OR RESULTS CUSTOMER MAY OBTAIN BY USING THE PRODUCT, AND ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS PURPOSE IN CONNECTION WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS CUSTOMER’S PURCHASE OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN PRODUCT UNDER THIS AGREEMENT, HMH . BYNDER DOES NOT WARRANT THAT THE OPERATION PRODUCT WILL MEET CUSTOMER REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE PRODUCT IS PROVIDED “AS IS”, AND THE ENTIRE RISK AS TO ITS SATISFACTORY USE IS WITH CUSTOMER. CUSTOMER ACKNOWLEDGES THAT IT HAS CARRIED OUT INDEPENDENT RESEARCH AND ANALYSIS AS TO THE APPROPRIATENESS OF THE PRODUCT AND PROFESSIONAL SERVICES WILL BE UNINTERRUPTEDFOR ITS REQUIREMENTS, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS HAS RELIED UPON ITS OWN INDEPENDENT RESEARCH TO MAKE AN INFORMED DECISION TO SELECT BYNDER TO DELIVER THE PRODUCT AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERPROFESSIONAL SERVICES, AND HMH SHALL HAS NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING RELIED UPON ANY WRITTEN OR ORAL ADVICE FROM ACTIONS OF SUCH THIRD PARTIESBYNDER.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTBY INSTALLING, THE SERVICES ARE PROVIDED COPYING OR OTHERWISE USING LIGHTING ANALYSTS’ PRODUCTS, CUSTOMER AGREES TO TAKE AND USE LIGHTING ANALYSTS’ PRODUCTS “AS IS” ”. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 6.1 (LIMITED WARRANTY) HEREOF, LIGHTING ANALYSTS MAKES AND NEITHER PARTY MAKES 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 WARRANTYSERVICES 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 IMPLIEDGUARANTEE. IN ADDITION, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH LIGHTING ANALYSTS SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH LIGHTING ANALYSTS DOES NOT WARRANT THAT THE OPERATION OR OUTPUT OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTEDACCURATE, VIRUS-FREE OR ERROR-FREE, RELIABLE, COMPLETE OR UNINTERRUPTED. FURTHERLIGHTING ANALYSTS DOES NOT WARRANT THAT THE SOFTWARE, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF MATERIALS, PAYMENT SERVICES, OR SERVICES TO CUSTOMERPROVIDED HEREUNDER WILL BE FREE FROM BUGS, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESVIRUSES, 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 AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE SERVICES QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY WARRANTYKIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, SYSTEM CONTENTANY INFORMATION, DOCUMENTATIONMATERIALS, AND PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY DELIVERABLES PROVIDED BY HMH HEREUNDEROF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HMH XXXXXXX DOES NOT WARRANT OR MAKE GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL 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 QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS REGARDING THE 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 OR THE RESULTS OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSQUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, ACCURACYTAX, RELIABILITYREGULATORY, OR OTHERWISEOTHER REQUIREMENTS, INCLUDINGINCLUDING WITHOUT LIMITATION ON THE PROVISION, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOROPERATION, OR RELATIONSHIP USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY KIND 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 THIRD-PARTY SITES SUCH LEGAL, REGULATORY, OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE OTHER REQUIREMENTS BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESCLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.

Warranty Disclaimer. EXCEPT AS EXPRESSLY THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENTSECTION 6 IS THE ONLY WARRANTY PROVIDED BY SONIC AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY SONIC MAKES NO WARRANTY OF ANY WARRANTYKIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY SONIC HEREUNDER. SONIC EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAWINCLUDING WITHOUT LIMITATION, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. FURTHER, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH SONIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. SONIC AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, VIRUS-FREE OR ERROR-FREESO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, HMH THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESJURISDICTION.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSEE IS SOLELY RESPONSIBLE FOR THE SERVICES ARE PROVIDED “ACCURACY AND ADEQUACY OF THE SOFTWARE FOR LICENSEE’S INTENDED USE. THE SOFTWARE IS BEING DELIVERED TO LICENSEE "AS IS” ". QSR AND NEITHER PARTY MAKES ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW, QSR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXPRESS OR IMPLIED, WHETHER BY OPERATION OF STATUTE, COMMON LAW, STATUTORY CUSTOM, USAGE, OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ) AS TO ANY AND ALL WARRANTIES MATTER, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS RIGHTS, QUIET ENJOYMENT, INFORMATION OR CONTENT ACCURACY, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, LACK OF VIRUSES, FITNESS FOR ANY PARTICULAR PURPOSE, AND THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES. FURTHER, QSR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE USE OR THE RESULTS DATE OF DELIVERY OF THE USE OF THE SYSTEM CONTENT IN TERMS OF SOFTWARE TO LICENSEE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QSR, ITS CORRECTNESSDISTRIBUTORS, ACCURACY, RELIABILITYAGENTS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE EMPLOYEES SHALL CREATE A WARRANTY HEREUNDEROR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN OR REQUIRED UNDER LAW. OTHER THAN AS DESCRIBED LICENSEE WILL INDEMNIFY AND HOLD HARMLESS QSR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND COUNSEL FROM AND AGAINST ALL LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) RESULTING FROM OR ARISING OUT OF ANY THIRD PARTY CLAIM TO THE EXTENT BASED UPON THE INACCURACY OF INFORMATION OR CONTENT CONTAINED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION SOFTWARE OR THE INADEQUACY OR FAILURE OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESSOFTWARE.

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 ARE PROVIDED “HEREUNDER "AS IS” AND NEITHER PARTY MAKES ANY WARRANTY." SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, BY OPERATION OF LAWWITHOUT LIMITATION, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NONINFRINGEMENT COURSE OF THIRD PARTY RIGHTS PERFORMANCE WITH RESPECT REGARD TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXCEPT AS EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED SET FORTH IN THIS AGREEMENT, HMH 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 OPERATION SERVICES OR THAT USE OF THE SERVICES SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHEREXCEPT AS EXPRESSLY PROVIDED HEREIN, HMH MAY USE THIRD PARTY SUPPLIERS SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH PROVIDED BY THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENTSECTION 11.1, THE SERVICES SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND OTHER MEDIA ARE PROVIDED ON AN “AS IS” BASIS. MKS SPECIFICALLY DISCLAIMS AND NEITHER PARTY MAKES ANY WARRANTYEXCLUDES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATIONNON-INFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, DATA ACCURACY STATUTE, USAGE OF TRADE, COURSE OF DEALING OR NONINFRINGEMENT OF THIRD PARTY RIGHTS FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, MAINTENANCE SERVICES AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERTHIRD PARTY SOFTWARE. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE USE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SYSTEM CONTENT IN TERMS SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT MKS’ PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS CORRECTNESSINTENDED RESULTS, ACCURACYAND FOR THE INSTALLATION, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN USE AND RESULTS OBTAINED FROM THE SYSTEM CONTENTSOFTWARE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH MKS DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION SHALL BE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SERVICES WILL BE UNINTERRUPTEDWARRANTY PERIOD SET FORTH IN SECTION 11.1. MOREOVER, VIRUS-FREE IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR ERROR-FREE. FURTHEREMPLOYEE OF MKS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES EXTENSIONS OR ADDITIONS TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESTHIS LIMITED WARRANTY.

Warranty Disclaimer. EXCEPT AS EXPRESSLY THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENTSECTION 6 IS THE ONLY WARRANTY PROVIDED BY RETROSPECT AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY RETROSPECT MAKES NO WARRANTY OF ANY WARRANTYKIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY RETROSPECT HEREUNDER. RETROSPECT EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAWINCLUDING WITHOUT LIMITATION, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. FURTHER, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH RETROSPECT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. RETROSPECT AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, VIRUS-FREE OR ERROR-FREESO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, HMH THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESJURISDICTION.

Warranty Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENTSECTION 10.1, THE SERVICES SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND OTHER MEDIA ARE PROVIDED ON AN “AS IS” BASIS. MKS SPECIFICALLY DISCLAIMS AND NEITHER PARTY MAKES ANY WARRANTYEXCLUDES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATIONNON-INFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, DATA ACCURACY STATUTE, USAGE OF TRADE, COURSE OF DEALING OR NONINFRINGEMENT OF THIRD PARTY RIGHTS FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, MAINTENANCE SERVICES AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERTHIRD PARTY SOFTWARE. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING . THE USE OR ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE USE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SYSTEM CONTENT IN TERMS SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT MKS’ PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS CORRECTNESSINTENDED RESULTS, ACCURACYAND FOR THE INSTALLATION, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN USE AND RESULTS OBTAINED FROM THE SYSTEM CONTENTSOFTWARE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH MKS DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION SHALL BE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SERVICES WILL BE UNINTERRUPTEDWARRANTY PERIOD SET FORTH IN THIS SECTION 11.1. MOREOVER, VIRUS-FREE IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR ERROR-FREEEMPLOYEE OF MKS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. FURTHER, HMH SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ASSIST IN THE PROVISION OF SERVICES ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESJURISDICTION.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTNO WARRANTIES. LICENSOR, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE SERVICES LICENSED PROGRAMS. LICENSEE’S USE OF ALL SUCH PROGRAMS ARE PROVIDED AT LICENSEE’S AND CUSTOMERS’ OWN RISK. LICENSOR PROVIDES THE LICENSED PROGRAMS ON AN “AS IS” BASIS “WITH ALL FAULTS” AND NEITHER PARTY MAKES ANY WARRANTY“AS AVAILABLE”. LICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, EXPRESS OR IMPLIEDPROCESSED BY, BY OPERATION OF THE LICENSED PROGRAMS. TO THE EXTENT PERMITTED UNDER LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS LICENSOR EXCLUDES ANY AND ALL WARRANTIES IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATIONWORKMANLIKE EFFORT, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONACCURACY, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRDNON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSINFRINGEMENT. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION GUARANTEE OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE TIMELY, SECURE, OR ERROR-FREEFREE OPERATION IS MADE. FURTHERLICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, HMH MAY TO USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST CAUTION, NOT TO RELY IN ANY WAY ON THE PROVISION CORRECT FUNCTIONING OR PERFORMANCE OF SERVICES TO CUSTOMERTHE SOFTWARE AND/OR ACCOMPANYING MATERIALS, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESUSE THE SOFTWARE IN A PRODUCTION ENVIRONMENT.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, KLAS PROVIDES THE SERVICES ARE PROVIDED “SOFTWARE AND DOCUMENTATION "AS IS” " AND NEITHER PARTY MAKES WITHOUT WARRANTY OF ANY WARRANTYKIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES, BY OPERATION OF LAWINCLUDING, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WITHOUT LIMITATION, WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSPERFORMANCE, ACCURACY, RELIABILITY, OR OTHERWISEQUIET ENJOYMENT, INCLUDINGINTEGRATION, BUT NOT LIMITED TOTITLE, ANY THIRDNON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREEINTERFERANCE AND NON- INFRINGEMENT. FURTHER, HMH KLAS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SOFTWARE OR DOCUMENTATION WILL BE FREE FROM BUGS OR DEFECTS, THAT IT’S USE WILL BE UNINTERRUPTED OR ERROR FREE, THAT IT WILL MEET LICENSEE’S REQUIREMENTS, OR THAT IT WILL BE CORRECT, ACCURATE, OR RELIABLE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SHOULD THE SOFTWARE OR DOCUMENTATION PROVE DEFECTIVEFOLLOWING LICENSE, LICENSEE (AND NOT KLAS) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR, EXCEPT AS MAY USE THIRD PARTY SUPPLIERS OTHERWISE BE PROVIDED BY A KLAS RESELLER OR SUPPORT PROVIDER. LICENSEE ASSUMES ALL RESPONSIBILITY TO ACHIEVE ITS INTENDED RESULTS AND PROVIDERS WHO MAY ASSIST IN FOR THE PROVISION OF SERVICES TO CUSTOMERINSTALLATION, USE, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING RESULTS OBTAINED FROM ACTIONS OF SUCH THIRD PARTIESTHE SOFTWARE AND DOCUMENTATION.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYREPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, LICENSED PRODUCT, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, TITLE, SYSTEM INTEGRATION, DATA ACCURACY MANUFACTURE OR NONINFRINGEMENT COMMERCIALIZATION OF THIRD PARTY RIGHTS THE LICENSED PRODUCTS PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, LICENSED PRODUCTS WILL BE ACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERREPLACED WITH “[***]”. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE USE OR THE RESULTS SECRETARY OF THE USE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SYSTEM CONTENT IN TERMS SECURITIES EXCHANGE ACT OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES1934.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE SERVICES PURECLOUD SERVICE, EQUIPMENT, AND OTHER SERVICES, DELIVERABLES, PRODUCTS AND MATERIALS ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAWOR STATUTORY, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL INCLUDING THE IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, SYSTEM INTEGRATIONCOMPATIBILITY, DATA ACCURACY SECURITY, QUIET ENJOYMENT, TIMELINESS, COMPLETENESS, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ACCURACY. WITHOUT LIMITING THE SOFTWAREFOREGOING, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES WE DO NOT WARRANT THAT ACCESS TO OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, PURECLOUD SERVICE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OTHER SERVICES OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE MATERIALS PROVIDED BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES US WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHERIT IS YOUR RESPONSIBILITY TO SELECT THE SERVICE NECESSARY TO ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, HMH SO THE ABOVE EXCLUSION MAY USE THIRD PARTY SUPPLIERS NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESSHORTEST DURATION PERMITTED BY LAW.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAWWITH RESPECT TO ANY ITEMS OR SERVICES PROVIDED HEREUNDER, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING BY USAGE OF TRADE, TITLECOURSE OF DEALING, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT COURSE OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONPERFORMANCE, AND EACH PARTY HEREBY DISCLAIMS THE SAME. NECS DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES PROVIDED BY HMH HEREUNDERSERVICES OR NECS PROPERTY WILL BE FREE OF ERRORS, DEFECTS OR INACCURACIES, OR THAT THEY WILL BE ACCESSIBLE WITHOUT INTERRUPTION. HMH NECS DOES NOT WARRANT OR MAKE GUARANTEE THAT ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS TECHNICAL ASSISTANCE WILL RESULT IN A RESOLUTION OF THE USE OF ISSUES FOR WHICH THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTASSISTANCE WAS PROVIDED. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH NECS DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION APPLICATION SERVICE WILL FUNCTION ON ALL COMPUTERS. LIKEWISE, NECS DOES NOT GUARANTEE THAT ANY WEB FORM PROVIDED AS PART OF THE APPLICATION SERVICE WILL FUNCTION ON ALL BROWSERS OR OPERATING SYSTEMS. FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING SECTION 7.2, ANY SERVICES WILL BE UNINTERRUPTEDPROVIDED BY NECS IN BETA FORMAT ARE PROVIDED AS IS, VIRUS-FREE WITHOUT ANY WARRANTIES EXPRESS OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERIMPLIED, AND HMH SHALL CUSTOMER UNDERSTANDS THAT ALL FUNCTIONS OF THE APPLICATION SERVICE MAY NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS AVAILABLE AT THE TIME OF SUCH THIRD PARTIESTHE BETA TEST.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, THE SERVICES ARE PROVIDED “AS IS” MATERIA EXPRESSLY DISCLAIMS ANY WARRANTIES AND NEITHER PARTY MAKES ANY WARRANTYREPRESENTATIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE MATERIA TECHNOLOGY OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEMATERIA CONFIDENTIAL INFORMATION AND OTHER MATTERS CONTEMPLATED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF TECHNOLOGY, PATENTED OR UNPATENTED, AND NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OFWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH MATERIA DOES NOT WARRANT THAT OR GUARANTEE THE OPERATION OUTCOME OF ANY RESEARCH ACTIVITY OF RENEGADE BASED ON THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERMATERIA TECHNOLOGY, AND HMH MATERIA SHALL NOT BE HELD LIABLE HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT OR TECHNICAL ASSISTANCE UNDER THIS AGREEMENT EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN. ALL MATERIA TECHNOLOGY IS LICENSED HEREUNDER ON AN “AS IS” BASIS AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, MATERIA WILL HAVE NO LIABILITY FOR DAMAGES ANY LOSS OR DAMAGE RELATING TO CUSTOMER OR RESULTING FROM ACTIONS THE MANUFACTURE, USE, SALE OR IMPORTATION OF SUCH THIRD PARTIESANY PRODUCTS BY OR ON BEHALF OF RENEGADE OR ANY SUBLICENSEE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH (a) THE CREDIT UNION CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN THIS AGREEMENTLOSS OF DATA, PERSONALIZATION SETTINGS OR OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO NON-PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE APPLICATION. (b) WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK, WHICH YOU UTILIZE TO ACCESS THE APPLICATION OR USE SERVICE. (c) YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR COMPUTING DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR TRANSMITTING INFORMATION. (d) THE SERVICES ARE AND APPLICATION PROVIDED “HEREUNDER IS PROVIDED "AS IS” AND NEITHER PARTY MAKES ANY WARRANTY," WITH ALL WARRANTIES DISCLAIMED, INCLUDING, ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR NONINFRINGEMENT ANY STATE THEREOF. THERE IS NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY RIGHTS FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTSERVICES AND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. (e) THERE IS NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF SERVICES AND APPLICATION WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE TIMELY, SECURE, ERROR FREE, OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST THAT ANY DEFECTS IN THE PROVISION SERVICES AND APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF SERVICES TO CUSTOMER, THE SERVICE AND HMH SHALL APPLICATION ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR DAMAGES ANY DAMAGE TO CUSTOMER YOU OR YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM ACTIONS USE OF SUCH THIRD PARTIESTHE SERVICES AND LICENSED APPLICATION. (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (g) SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH OUT IN THIS AGREEMENTSECTION 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 IS” AND NEITHER PARTY MAKES ANY WARRANTYTHERE ARE NO OTHER WARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, STATUTORY COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. HMH SPECIFICALLY DISCLAIMS XXXXXX, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO CONDITIONS REGARDING THE SOFTWARE, THE SOFTWARE SERVICES, SYSTEM CONTENTTHE SERVICES, DOCUMENTATION, THE PROFESSIONAL SERVICES AND ANY DELIVERABLES OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT HEREUNDER OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISECONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, ANY THIRDWARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINFRINGEMENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH XXXXXX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SOFTWARE SERVICES SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR 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 SERVICES WILL INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES 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. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD BINDING ON EITHER PARTY SUPPLIERS UNLESS IN WRITING AND PROVIDERS WHO MAY ASSIST IN THE PROVISION SIGNED BY AN AUTHORIZED SIGNING OFFICER OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESXXXXXX.

Warranty Disclaimer. EXCEPT FOR THE WARRANTY OF TITLE AS EXPRESSLY SET FORTH IN THIS AGREEMENTBELOW, THE SERVICES ITEMS ARE PROVIDED “ON AN "AS IS" AND “WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND NEITHER PARTY MAKES ANY WARRANTYPATENT. . ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED BY OPERATION OF LAWTEXAS INSTRUMENTS AND DO NOT APPLY, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT CONVEY TO RECIPIENT ANY LICENSE OR SUBLICENSE UNDER ANY PATENT, TITLECOPYRIGHT, SYSTEM INTEGRATIONOR OTHER INTELLECTUAL PROPERTY RIGHT, DATA ACCURACY EITHER EXPRESS OR NONINFRINGEMENT OF THIRD PARTY RIGHTS IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE SOFTWAREITEMS PURCHASED HEREUNDER, SERVICESINCLUDING WITHOUT LIMITATION: (i) THE QUALITY, SYSTEM CONTENTNATURE, DOCUMENTATIONADEQUACY, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS PHYSICAL CONDITION OF THE USE ITEMS, AND (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ITEMS FOR ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTPARTICULAR PURPOSE. HMH TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, REPRESENTATION OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS OWN ASSESSMENT AND EVALUATION OF THE SERVICES WILL BE UNINTERRUPTEDITEMS FOR SUCH PURPOSES AND IS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, VIRUS-FREE AFFILIATES, REPRESENTATIVES OR ERROR-FREEAGENTS. FURTHERTexas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESTexas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient.

Warranty Disclaimer. THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS," "WITH ALL FAULTS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, HEREIN. GEOFORCE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYSERVICES, EXPRESS OR IMPLIED, BY OPERATION OF LAWINCLUDING, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONQUIET ENJOYMENT, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERDATA ACCURACY. HMH GEOFORCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OPERATION OF THE SERVICES, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT MATERIALS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITYTHE SERVICES, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN OTHER WEBSITE LINKED TO THE SYSTEM CONTENTSERVICES. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH GEOFORCE DOES NOT WARRANT THAT THE OPERATION OF SERVICES WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. GEOFORCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, VIRUSUNINTERRUPTED OR ERROR-FREE OR ERROR-FREETHAT ANY DEFECTS WILL BE CORRECTED. FURTHERSOME STATES, HMH TERRITORIES, AND COUNTRIES DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO, TO THAT EXTENT, THE ABOVE EXCLUSION MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES NOT APPLY TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS SUBSCRIBER EXPRESSLY SET FORTH IN THIS AGREEMENT, THE 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 IS” " AND NEITHER PARTY MAKES ANY WARRANTY"AS AVAILABLE." CHEMAXON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING CHEMAXON SAAS OR IMPLIEDMAINTENANCE AND SUPPORT SERVICES, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL INCLUDING IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND TOGETHER WITH ANY THIRD-PARTY SITES AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSUSAGE IN TRADE. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHEMAXON OR ELSEWHERE SHALL CREATE A ANY WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED NOT EXPRESSLY STATED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT EUSA. WITHOUT LIMITING THE OPERATION GENERALITY OF THE FOREGOING, CHEMAXON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO SUBSCRIBER THAT: (A) SUBSCRIBER’S USE OF 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 UNINTERRUPTED, VIRUSTIMELY, 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 HAZARDOUS ENVIRONMENTS REQUIRING FAIL-FREE SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR ERROR-FREE. FURTHERCOMMUNICATION SYSTEMS, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERAIR TRAFFIC CONTROL, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESLIFE SUPPORT OR WEAPONS SYSTEMS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE SERVICES QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY WARRANTYKIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, NON-INFRINGEMENT. QUIVERS MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, SYSTEM CONTENTANY INFORMATION, DOCUMENTATIONMATERIALS, AND PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY DELIVERABLES PROVIDED BY HMH HEREUNDEROF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HMH QUIVERS DOES NOT WARRANT OR MAKE GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL 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 QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS REGARDING THE 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 OR THE RESULTS 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 SYSTEM CONTENT 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 TERMS NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF ITS CORRECTNESSBUSINESS PROFITS, ACCURACYBUSINESS INTERRUPTION, RELIABILITYOR 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, INCLUDINGTO 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, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT SUCH LIABILITY ARISING OUT OF, RESPONSIBILITY FOROR 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, 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 ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR RELATIONSHIP 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 KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN SUBJECT MATTER OF THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTEDWHETHER BASED IN TORT, VIRUS-FREE CONTRACT, STRICT PRODUCT LIABILITY OR ERROR-FREE. FURTHEREQUITABLE THEORIES, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES EXCEED THE SUM OF ALL PAYMENTS MADE OR OWED BY CLIENT PURSUANT TO CUSTOMER RESULTING FROM ACTIONS 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 SUCH THIRD PARTIESITS ESSENTIAL PURPOSE.

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH OUT IN THIS AGREEMENTSETION 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 IS” AND NEITHER PARTY MAKES ANY WARRANTYTHERE ARE NO OTHER WARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, STATUTORY COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. HMH SPECIFICALLY DISCLAIMS CITYVIEW, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO CONDITIONS REGARDING THE SOFTWARE, THE HOSTING SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT HEREUNDER OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISECONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, ANY THIRDWARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINFRINGEMENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH CITYVIEW DOES NOT REPRESENT OR WARRANT THAT THE HOSTING SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, 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 WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE SERVICES WILL 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. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD BINDING ON EITHER PARTY SUPPLIERS UNLESS IN WRITING AND PROVIDERS WHO MAY ASSIST IN THE PROVISION SIGNED BY AN AUTHORIZED SIGNING OFFICER OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESCITYVIEW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHFS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYWHETHER EXPRESS, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL , INCLUDING THE WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TITLE, SYSTEM INTEGRATION, DATA ACCURACY THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERQUIET ENJOYMENT. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH HFS DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUSSERVICE AND ASSOCIATED SOFTWARE IS ERROR-FREE OR ERROR-FREEWILL OPERATE WITHOUT INTERRUPTION. FURTHERIF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE AND SOFTWARE, HMH ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HFS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. HFS SHALL HAVE NO RESPONSIBILITY IF THE SERVICE AND SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE THIRD PARTY SUPPLIERS OF THE SERVICE AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERSOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESPLATFORM OR OPERATING SYSTEM.

Warranty Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS AGREEMENTSECTION 17 (LIMITED WARRANTY), THE TCP SERVICES ARE PROVIDED BY TCP ON AN “AS IS” BASIS, AND NEITHER PARTY MAKES ANY WARRANTYCLIENT’S USE OF THE TCP SERVICES IS AT CLIENT’S OWN RISK. TCP AND ITS SUPPLIERS DO NOT MAKE, EXPRESS OR IMPLIEDAND HEREBY DISCLAIM, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONAGAINST HIDDEN DEFECTS, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERWARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH TCP DOES NOT WARRANT THAT THE OPERATION OF THE TCP SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST NOTHING STATED OR IMPLIED BY TCP WHETHER THROUGH THE TCP SERVICES OR OTHERWISE SHOULD BE CONSIDERED LEGAL COUNSEL. TCP HAS NO RESPONSIBILITY TO NOTIFY CLIENT OF ANY CHANGES IN THE PROVISION LAW THAT MAY AFFECT USE OF SERVICES TO CUSTOMER, THE TCP SERVICES. ANY ORAL STATEMENT OR IMPLICATION BY ANY PERSON CONTRADICTING THE FOREGOING IS UNAUTHORIZED AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES BINDING ON TCP. CLIENT ACKNOWLEDGES THAT IN ENTERING INTO THIS AGREEMENT, CLIENT HAS RELIED UPON CLIENT’S OWN EXPERIENCE, SKILL AND JUDGMENT TO CUSTOMER RESULTING FROM ACTIONS EVALUATE THE TCP SERVICES AND THAT CLIENT HAS SATISFIED ITSELF AS TO THE SUITABILITY OF SUCH THIRD PARTIESSERVICES TO MEET CLIENT’S BUSINESS AND LEGAL REQUIREMENTS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTThis Site is a beta site with functionality that will continually be refined. Testing is the only purpose behind using the Site and any interaction with the site is for purposes of analyzing user use patterns and gathering feedback and this is not intended as a commercial site in final form. While we try to maintain the timeliness, integrity and security of the Site, the Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. Furthermore, PrescriberPoint will be sending beta updates for this Site and such beta updates are explicitly subject to these Terms. WE PROVIDE THE SERVICES ARE PROVIDED SITE ON AN “AS IS” AND NEITHER PARTY MAKES “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITE WILL REMAIN UPDATED, COMPLETE, CORRECT, OR SECURE OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY WARRANTYBUGS, DEFECTS OR ERRORS IN THE SITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE. YOU USE THE SITE, INCLUDING IN ITS BETA FORM, AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SITE AND SITE DATA, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT TITLE AND NON-INFRINGEMENT OF THIRD PARTY THE RIGHTS OF THIRD-PARTIES WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONSITE AND ALL INFORMATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERCONTENT. HMH DOES NOT WARRANT NO INFORMATION OR MAKE ANY REPRESENTATIONS REGARDING ADVICE OBTAINED THROUGH THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITYSITE, OR OTHERWISEAFFIRMATION BY US, INCLUDINGBY WORDS OR ACTIONS, BUT NOT LIMITED SHALL CONSTITUTE A WARRANTY. WE ALSO MAKE NO PROMISES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT INCLUDED ON THE SITE IS ACCURATE, COMPLETE, UP-TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FORDATE, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERRELIABLE, AND HMH SHALL NOT BE HELD LIABLE IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS LOSSES ARISING OUT OF SUCH THIRD PARTIESYOUR RELIANCE ON THE SITE (INCLUDING ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, PERSONAL INJURY/WRONGFUL DEATH, OR LOSS OF BUSINESS OPPORTUNITY). Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

Warranty Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENTSECTION 12.1, THE SERVICES SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND OTHER MEDIA ARE PROVIDED ON AN “AS IS” BASIS. MKS SPECIFICALLY DISCLAIMS AND NEITHER PARTY MAKES ANY WARRANTYEXCLUDES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATIONNON-INFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, DATA ACCURACY STATUTE, USAGE OF TRADE, COURSE OF DEALING OR NONINFRINGEMENT OF THIRD PARTY RIGHTS FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, MAINTENANCE SERVICES AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERTHIRD PARTY SOFTWARE. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE USE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SYSTEM CONTENT IN TERMS SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT MKS’ PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS CORRECTNESSINTENDED RESULTS, ACCURACYAND FOR THE INSTALLATION, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN USE AND RESULTS OBTAINED FROM THE SYSTEM CONTENTSOFTWARE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH MKS DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION SHALL BE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST WARRANTY PERIOD SET FORTH IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.SECTION

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE SOFTWARE IS PROVIDED “TO YOU "AS IS” " AND NEITHER PARTY MAKES ANY WARRANTYXXXXXXXXXX.XXX, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION THE WARRANTY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON- INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXXXX.XXX, SYSTEM INTEGRATIONITS EMPLOYEES, DATA ACCURACY DISTRIBUTORS, DEALERS, OR NONINFRINGEMENT AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. LIMITATION OF LIABILITY. IN NO EVENT SHALL XXXXXXXXXX.XXX BE LIABLE TO YOU OR ANY OTHER THIRD PARTY RIGHTS WITH RESPECT FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT THIS AGREEMENT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR INABILITY TO USE THE RESULTS SOFTWARE OR ANY DATA SUPPLIED THEREWITH, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, WHETHER OR NOT XXXXXXXXXX.XXX HAS BEEN ADVISED OF THE USE POSSIBILITY OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTSUCH DAMAGES. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE XXXXXXXXXXX.XXX TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESTHIS 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, special or incidental damages, Xxxxxxxxxx.Xxx’s liability under this Agreement shall be limited to the maximum extent permitted by applicable law.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION, THE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN “AS AVAILABLE, ” “AS-IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BASIS. TO THE MAXIMUM EXTENT PERMITTED BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICE AND PREMIUM SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRDTHE IMPLIED WARRANTIES OF NON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH TANIUM DOES NOT WARRANT THAT THE SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICE OR PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST ; OR THAT ERRORS OR DEFECTS IN THE PROVISION SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF SERVICES THE SERVICE OR PREMIUM SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO CUSTOMERANY THIRD-PARTY OR NON-GA PRODUCTS, AND HMH SCRIPTS, CONTENT, OR OTHER TECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR QUERIES, PROVIDED BY TANIUM SHALL NOT BE HELD LIABLE 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 DAMAGES TO ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESWHETHER 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 EXPRESSLY EXPLICITLY SET FORTH IN HEREIN, OPTIGO (WHICH FOR THE PURPOSES OF THIS AGREEMENTSUBSECTION INCLUDES ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, AND SUPPLIERS) MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF OPTIGO’S PRODUCT SUITE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SERVICE, OR THE CONSULTING SERVICES FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, OPTIGO’S PRODUCT SUITE AND CONSULTING SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES WITHOUT WARRANTY OR CONDITION OF ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISEKIND. HMH SPECIFICALLY OPTIGO DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO OPTIGO’S PRODUCT SUITE AND THE CONSULTING SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATIONFUNCTIONALITY, DATA AND NON- INFRINGEMENT. IF SUBSCRIBER HAS OTHER STATUTORY RIGHTS THAT MAY NOT BE OTHERWISE DISCLAIMED OR LIMITED HEREUNDER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIGO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR NONINFRINGEMENT COMPLETENESS OF THIRD PARTY RIGHTS WITH RESPECT TO OPTIGO’S PRODUCT SUITE, OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR OF THE SOFTWARE, CONSULTING SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THAT: (A) THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES OPTIGO’S PRODUCT SUITE WILL BE UNINTERRUPTEDSECURE, VIRUS-FREE TIMELY, UNINTERRUPTED OR ERROR-FREE. FURTHER, HMH MAY USE ; (B) OPTIGO’S PRODUCT SUITE WILL OPERATE IN COMBINATION WITH ANY THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST PRODUCTS; (C) OPTIGO’S PRODUCT SUITE OR CONSULTING SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS); (D) ANY DATA, INCLUDING SUBSCRIBER DATA, STORED IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL OPTIGO’S PRODUCT SUITE WILL BE ACCURATE OR RELIABLE OR THAT ANY SUCH STORED DATA WILL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS LOST OR CORRUPTED; (E) ERRORS OR DEFECTS IN OPTIGO’S PRODUCT SUITE WILL BE IDENTIFIED OR CORRECTED; OR (F) OPTIGO’S PRODUCT SUITE IS FREE OF SUCH THIRD PARTIESVIRUSES OR OTHER HARMFUL COMPONENTS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT THE CRED iQ SERVICES (INCLUDING BETA SERVICES) ARE PROVIDED ON AN “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY OPERATION OF APPLICABLE LAW, STATUTORY CRED iQ, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL, AND MAKE NO, WARRANTIES OF ANY KIND (WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED OTHERWISE ARISING IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO THE WARRANTY CRED iQ SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITYNON-INFRINGEMENT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTLOSS OF DATA. HMH CRED iQ FURTHER EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, AND ALL LIABILITY ARISING OUT OF OR RELATIONSHIP OF ANY KIND WITH RELATING TO ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSLINKED TO FROM THE CRED iQ SERVICES. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH CRED iQ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CRED iQ SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES CRED iQ SERVICE WILL BE UNINTERRUPTED, VIRUSUNINTERRUPTED OR ERROR-FREE OR ERROR-FREETHAT DEFECTS WILL BE CORRECTED. FURTHER, HMH MAY USE CRED iQ NEITHER ENDORSES THE CONTENTS OF ANY CUSTOMER DATA NOR ASSUMES ANY RESPONSIBILITY FOR ANY INFRINGEMENT OF THIRD PARTY SUPPLIERS AND PROVIDERS WHO RIGHTS ARISING THEREFROM OR ANY CRIME FACILITATED THEREBY. EXCEPT AS OTHERWISE AGREED TO BY CRED iQ, CRED iQ IS NOT OBLIGATED TO PROVIDE CUSTOMER WITH ANY UPDATES TO THE CRED iQ SERVICES BUT MAY ASSIST ELECT TO DO SO IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESITS SOLE DISCRETION.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTLICENSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES ARE LICENSED TECHNOLOGY, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL LICENSED TECHNOLOGY PROVIDED HEREUNDER IS “AS IS” AND NEITHER PARTY LICENSOR MAKES ANY WARRANTYNO WARRANTY THAT THE LICENSED TECHNOLOGY IS FREE FROM CLAIMS OF INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS OF OTHERS. THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS IMPLIED AND ANY AND ALL SUCH WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY ARE HEREBY DISCLAIMED AND NEGATED. NO ORAL OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED WRITTEN INFORMATION OR ADVICE GIVEN BY HMH HEREUNDER. HMH DOES NOT WARRANT LICENSOR OR ITS EMPLOYEES SHALL CREATE OR MAKE ANY REPRESENTATIONS REGARDING MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY. IN NO EVENT WHATSOEVER SHALL LICENSOR BE LIABLE TO THE USE LICENSEE OR THE RESULTS OF TO THIRD PARTIES FOR ANY DAMAGES CAUSED, IN WHOLE OR IN PART, BY THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSLICENSED TECHNOLOGY OR FOR ANY LOST REVENUES, ACCURACYLOST PROFITS, RELIABILITYLOST SAVINGS OR OTHER DIRECT OR INDIRECT, INCIDENTIAL, SPECIAL OR OTHERWISECONSEQUENTIAL DAMAGES INCURRED BY LICENSEE OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION EVEN IF LICENSOR IS ADVISED OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE POSSIBILITY OF SUCH DAMAGES OR ERROR-FREECLAIMS. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES LICENSOR’S LIABILITY ARISING FROM OR RELATED TO CUSTOMER, AND HMH THIS AGREEMENT SHALL NOT BE HELD LIABLE FOR DAMAGES UNDER ANY CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESTHE LICENSE FEES PAID UNDER SECTION 6 ABOVE.

Warranty Disclaimer. EXCEPT THE SOFTWARE IS PROVIDED ON AN “AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED AVAILABLE,” “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BASIS. TO THE MAXIMUM EXTENT PERMITTED BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY LICENSOR AND ITS LICENSORS DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRDTHE IMPLIED WARRANTIES OF NON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR- FREE, VIRUS-FREE OR ERROR-FREETHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR SHALL CREATE ANY ADDITIONAL LICENSOR WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF LICENSOR’S OBLIGATIONS HEREUNDER. LICENSOR MAKES NO WARRANTY OF ANY KIND, HMH MAY USE WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING OBTAINED BY LICENSOR FROM THIRD PARTIES (COLLECTIVELY, THE “THIRD PARTY SUPPLIERS ITEMS”). LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND PROVIDERS WHO MAY ASSIST IN IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE PROVISION IMPLIED WARRANTIES OF SERVICES TO CUSTOMERMERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND HMH FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE THIRD PARTY ITEMS. LICENSOR SHOULD CONSULT THE RESPECTIVE VENDORS/MANUFACTURERS OF THE THIRD PARTY ITEMS FOR WARRANTY AND PERFORMANCE INFORMATION. THE SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR 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 YOUR DATA, WEB SITES, COMPUTERS, OR NETWORKS. LICENSOR SHALL NOT BE HELD LIABLE RESPONSIBLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF SUCH THIRD PARTIESYOUR DATA AND SYSTEMS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, SOFTWARE AND SERVICES AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT SOFTWARE OR SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTSOFTWARE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

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 ARE PROVIDED “HEREUNDER "AS IS” AND NEITHER PARTY MAKES ANY WARRANTY." SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, BY OPERATION OF LAWWITHOUT LIMITATION, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NONINFRINGEMENT COURSE OF THIRD PARTY RIGHTS PERFORMANCE WITH RESPECT REGARD TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXCEPT AS EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED SET FORTH IN THIS AGREEMENT, HMH 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 OPERATION SERVICES OR THAT USE OF THE SERVICES SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHEREXCEPT AS EXPRESSLY PROVIDED HEREIN, HMH MAY USE THIRD PARTY SUPPLIERS SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE -45- PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH PROVIDED BY THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTPARAGRAPH 7.2, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY iPrint MAKES ANY WARRANTY, NO EXPRESS OR IMPLIEDIMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SITES, BY OPERATION PRODUCTS, SERVICES, TECHNOLOGY OR CONTENT PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF LAWFITNESS, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSENON-INFRINGEMENT, TITLE, SYSTEM INTEGRATIONOR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DATA ACCURACY DEALING OR NONINFRINGEMENT TRADE USAGE. IN ADDITION, iPrint MAKES NO REPRESENTATION THAT THE OPERATION OR USE OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWAREANY SITES, PRODUCTS, SERVICES, SYSTEM CONTENTTECHNOLOGY OR CONTENT PROVIDED HEREUNDER WILL COMPLY WITH APPLICABLE GOVERNMENT CODES OR LAW, DOCUMENTATIONOR WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, AND iPrint WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSINTERRUPTIONS, ACCURACY, RELIABILITYERRORS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTBREACHES OF SECURITY. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, iPrint MAKES NO REPRESENTATIONS OR RELATIONSHIP WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD-THIRD PARTY SITES SOFTWARE, TOOLS, HARDWARE, OR OTHER MATERIALS OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE WHICH MAY BE USED OR PROVIDED BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY iPrint IN THE PERFORMANCE OF SERVICES HEREUNDER. OTHER THAN AS DESCRIBED WA ACKNOWLEDGES THAT iPrint HAS ENTERED INTO THIS AGREEMENT AND HAS SET ALL APPLICABLE COMPENSATION TERMS IN THIS AGREEMENTRELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, HMH DOES NOT WARRANT AND THAT THE OPERATION SAME FORM IS THE ESSENTIAL BASIS OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESBARGAIN.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN 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 AGREEMENTWEBSITE IS AT YOUR OWN RISK. ALL CONTENT, THE SERVICES ARE INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND NEITHER PARTY BASIS. THE SOCIETY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY WARRANTYKIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOCIETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SYSTEM CONTENTSUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION CONTAINED ON THIS SITE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OFWITHOUT LIMITATION, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH THE SOCIETY SPECIFICALLY DOES NOT WARRANT THAT THAT: (1) THE OPERATION INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE USE OF THE SERVICES THIS SITE WILL BE UNINTERRUPTED, VIRUS-FREE 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. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT SOCIETY BE HELD LIABLE FOR ANY DAMAGES, 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 CUSTOMER RESULTING FROM ACTIONS USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH THIRD PARTIESDAMAGES. 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 USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE EXCEED ONE U.S. DOLLAR.

Warranty Disclaimer. EXCEPT For Purchases from Alaskan Copper & Brass Company: SELLER IS A WHOLESALER OF GOODS ONLY, AND AS EXPRESSLY SET FORTH IN THIS AGREEMENTSUCH ONLY WARRANTS THAT THE GOODS WILL CONFORM TO THE EXPRESS SPECIFICATIONS AND DIMENSIONAL DESCRIPTION STATED OR REFERENCED ON THE APPLICABLE QUOTATION, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY ACKNOWLEDGMENT OR INVOICE. SELLER MAKES NO OTHER WARRANTIES OF ANY WARRANTYKIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES IMPLIED (INCLUDING BUT NOT LIMITED TO THE NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEUSAGE OR TRADE), SYSTEM INTEGRATION, DATA ACCURACY TO ANY PERSON OR NONINFRINGEMENT OF THIRD PARTY RIGHTS ENTITY WITH RESPECT REGARD TO THE SOFTWAREGOODS COVERED HEREBY AND FORBIDS PURCHASER TO REPRESENT OTHERWISE TO ANYONE WITH WHICH IT DEALS. SELLER HEREBY ASSIGNS TO PURCHASER THE WARRANTIES, SERVICESIF ANY, SYSTEM CONTENTCOVERING THE GOODS WHICH SELLER RECEIVES FROM THIRD PARTIES, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERBUT SELLER SHALL HAVE NO DUTY TO ENFORCE SUCH WARRANTIES. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDINGFor purchases from Alaskan Copper Works: SELLER WARRANTS TO PURCHASER, BUT NOT LIMITED TOTO ANYONE ELSE, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THAT THE SYSTEM CONTENTGOODS WILL CONFORM TO THE EXPRESS SPECIFICATIONS AND DIMENSIONAL DESCRIPTION SHOWN ON THE APPLICABLE QUOTATION, ACKNOWLEDGMENT OR INVOICE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP SELLER MAKES NO OTHER WARRANTY OF ANY KIND KIND, EXPRESS OR IMPLIED, (INCLUDING NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OR TRADE), TO ANY PERSON OR ENTITY WITH ANY THIRD-PARTY SITES REGARD TO THE GOODS OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS COVERED HEREBY AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES FORBIDS PURCHASER TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES REPRESENT OTHERWISE TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESANYONE WITH WHICH IT DEALS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE LICENSOR WARRANTS THAT IT IS ENTITLED TO PROVIDE THE SOFTWARE TO YOU ON THE TERMS CONTAINED HEREIN. THE LICENSOR WARRANTS THAT THE SOFTWARE, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS, AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. THE SERVICES ARE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY THE LICENSOR. THE SOFTWARE IS PROVIDED “ON AN "AS IS” " BASIS AND NEITHER PARTY MAKES ANY WARRANTYYOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE LICENSOR EXPRESSLY DISCLAIMS AND YOU HEREBY EXPRESSLY WAIVE ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, BY OPERATION INCLUDING WARRANTIES OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY MERCHANTABILITY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY ; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTED, VIRUSUNINTERRUPTED OR ERROR-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST THAT ERRORS IN THE PROVISION SOFTWARE, IF ANY, WILL BE CORRECTED. THE LICENSOR'S ABOVE LIMITED WARRANTY IS IN LIEU OF SERVICES ALL LIABILITIES OR OBLIGATIONS OF THE LICENSOR FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF THE SOFTWARE. THE SOFTWARE'S FAILURE TO CUSTOMER, AND HMH PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS CONSIDERED A FAILURE OF SUCH THIRD PARTIESTHE ESSENTIAL PURPOSE OF THE WARRANTIES CONTAINED HEREIN.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN 5.1. THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" BASIS. WEIDMUELLER PROVIDES NO TECHNICAL SUPPORT FOR THIS AGREEMENTSOFTWARE, WARRANTIES OR REMEDIES FOR THE SERVICES ARE PROVIDED “AS IS” SOFTWARE. 5.2. WEIDMUELLER AND NEITHER PARTY MAKES ANY WARRANTYITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL , INCLUDING THE WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TITLETHERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. WEIDMUELLER DOES NOT WARRANT THAT THE SOFTWARE IS ERRORFREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, SYSTEM INTEGRATIONINTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, DATA ACCURACY INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR NONINFRINGEMENT OPERATION OF THIRD PARTY RIGHTS NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WEIDMUELLER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 5.3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE USE OR THE RESULTS DATE OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESDELIVERY.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE SERVICE, THE SERVICES IDH CONTENT AND RELATED INFORMATION ARE PROVIDED “AS IS,” AND NEITHER PARTY MAKES WITHOUT WARRANTY OR CONDITION OF ANY WARRANTYKIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY IDH EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR NON-INFRINGEMENT. IDH MAKES NO WARRANTY THAT THE SERVICE, SYSTEM INTEGRATIONSERVICE, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWAREIDH SITE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM IDH CONTENT IN TERMS OF ITS CORRECTNESSWILL (1) MEET YOUR REQUIREMENTS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL (2) BE AVAILABLE ON AN UNINTERRUPTED, VIRUS-FREE SECURE, OR ERROR-FREEFREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. FURTHERIDH MAKES NO WARRANTY REGARDING THE ACCURACY, HMH TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE SERVICE, THE IDH SITE, OR THE IDH CONTENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED A BASIS FOR ENABLING IDH TO OFFER THE SERVICE AND THE SERVICE TO ADVERTISER. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST NOT APPLY TO ADVERTISER IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESFULL.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE LICENSED PRODUCT, THE SERVICES TAL DATA AND THE XXXXXXXX NETWORK ARE PROVIDED “"AS IS” " AND NEITHER PARTY MAKES WITHOUT ANY WARRANTY, EXPRESS OR IMPLIEDIMPLIED WARRANTIES INCLUDING, BY OPERATION WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. XXXXXXXX AND THE SOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY MERCHANTABILITY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND ANY WARRANTIES ARISING FROM TRADE USAGE, SYSTEM INTEGRATIONCOURSE OF DEALING OR COURSE OF PERFORMANCE. XXXXXXXX AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE XXXXXXXX NETWORK, THE TAL DATA ACCURACY OR NONINFRINGEMENT ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT, THE XXXXXXXX NETWORK OR TAL DATA. LICENSEE ACCEPTS FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY LICENSEE OR ITS AUTHORIZED USERS USING THE LICENSED PRODUCT, THE XXXXXXXX NETWORK OR TAL DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF XXXXXXXX OR ANY THIRD PARTY RIGHTS WITH RESPECT ARE AUTHORIZED TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY OR THE RESULTS COVENANT ON BEHALF OF THE XXXXXXXX. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. LICENSEE ACKNOWLEDGES THAT USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSLICENSED PRODUCT, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT XXXXXXXX NETWORK AND THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH TAL DATA MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES FROM TIME TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.TIME BE

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTArticle 6, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY CNS MAKES ANY WARRANTY, NO EXPRESS OR IMPLIEDIMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SITES, BY OPERATION PRODUCTS, SERVICES, TECHNOLOGY OR CONTENT PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF LAWFITNESS, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSENON-INFRINGEMENT, TITLE, SYSTEM INTEGRATIONOR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DATA ACCURACY DEALING OR NONINFRINGEMENT TRADE USAGE. IN ADDITION, CNS MAKES NO REPRESENTATION THAT THE OPERATION OR USE OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWAREANY SITES, PRODUCTS, SERVICES, SYSTEM CONTENTTECHNOLOGY OR CONTENT PROVIDED HEREUNDER WILL COMPLY WITH APPLICABLE GOVERNMENT CODES OR LAW, DOCUMENTATIONOR WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, AND CNS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSINTERRUPTIONS, ACCURACY, RELIABILITYERRORS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTBREACHES OF SECURITY. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, CNS MAKES NO REPRESENTATIONS OR RELATIONSHIP WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD-THIRD PARTY SITES SOFTWARE, TOOLS, HARDWARE, OR OTHER MATERIALS OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE WHICH MAY BE USED OR PROVIDED BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY CNS IN THE PERFORMANCE OF SERVICES HEREUNDER. OTHER THAN AS DESCRIBED THE CUSTOMER ACKNOWLEDGES THAT CNS HAS ENTERED INTO THIS AGREEMENT AND HAS SET ALL APPLICABLE COMPENSATION TERMS IN THIS AGREEMENTRELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, HMH DOES NOT WARRANT AND THAT THE OPERATION SAME FORM IS THE ESSENTIAL BASIS OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESBARGAIN.

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH OUT IN THIS AGREEMENTSECTION 13(A), THE SERVICES, THE SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYTHERE ARE NO OTHER WARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, STATUTORY COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. HMH SPECIFICALLY DISCLAIMS XXXXXX, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO CONDITIONS REGARDING THE SOFTWARE, THE SERVICES, SYSTEM CONTENT, DOCUMENTATION, THE PROFESSIONAL SERVICES AND ANY DELIVERABLES OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT HEREUNDER OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISECONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, ANY THIRDWARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINFRINGEMENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH XXXXXX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR 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 SERVICES WILL INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES 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. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD BINDING ON EITHER PARTY SUPPLIERS UNLESS IN WRITING AND PROVIDERS WHO MAY ASSIST IN THE PROVISION SIGNED BY AN AUTHORIZED SIGNING OFFICER OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESXXXXXX.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES PRODUCTS ARE BEING PROVIDED TO PURCHASER “AS IS” WITHOUT WARRANTY OF ANY KIND AND NEITHER PARTY MAKES ANY WARRANTYMCI DISCLAIMS TO PURCHASER ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS IS THE ONLY WARRANTY GIVEN BY XXX. IN NO EVENT WILL MCI BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. MCI’S LIABILITY FOR DAMAGES ARISING OUT OF, OR RELATING TO A PRODUCT OR ORDER, IS LIMITED TO THE LOWER OF CATALOG OR CONTRACT PRICE FOR THE SPECIFIC PRODUCT THAT GIVES RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OF OR LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY TO THE EXTENT ALLOWED BY APPLICABLE LAW MCI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES IMPLIED WARRANTY INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No other person or business organization (including employees or sales representatives of MCI or TRUE BLUE POWER) are authorized to extend any other express warranty on behalf of MCI, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESeither orally or in writing.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ALL SERVICES HEREUNDER ARE PROVIDED “ON AN "AS IS” " BASIS, AND NEITHER PARTY MAKES ANY WARRANTYALL USE THEREOF IS AT SERVICE PROVIDER’S AND ITS CUSTOMER’S OWN RISK. ITOPIA DOES NOT MAKE, EXPRESS OR IMPLIEDAND HEREBY DISCLAIMS, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE WARRANTY TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND TITLE, SYSTEM INTEGRATIONAND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, DATA ACCURACY USAGE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS TRADE 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 SOFTWARECOST OF SUBSTITUTE SERVICES OR FOR ANY CLAIMS ARISING OUT OF OR RELATED TO SERVICE PROVIDER’S BUSINESS, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT ITS RELATIONSHIP WITH ITS CUSTOMERS OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITYUSERS, OR OTHERWISE. NEITHER ITOPIA NOR ITS AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE INTERRUPTION, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FORUNAVAILABILITY, OR RELATIONSHIP 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 KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSOTHER METHOD. NO ADVICE BY HMH OR EXCEPT FOR INDEMNIFICATION CLAIMS BASED ON INTELLECTUAL PROPERTY INFRINGEMENT AS SET FORTH IN SECTION 12 BELOW, ITOPIA’S MAXIMUM AGGREGATE LIABILITY RELATED TO A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN CLAIM ARISING UNDER THIS AGREEMENT, HMH DOES NOT WARRANT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER THEORY, WILL BE LIMITED TO THE THREE MONTHS OF FEES PAID TO ITOPIA UNDER THIS AGREEMENT IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH LIABILITY; PROVIDED, HOWEVER, THAT THE OPERATION SERVICE PROVIDER PROVIDES ITOPIA WITH WRITTEN NOTICE OF SUCH CLAIM WITHIN SIX (6) MONTHS OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OCCURRENCE GIVING RISE TO SUCH CLAIM. THESE LIMITATIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESHAVE PROVEN INEFFECTIVE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION, THE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN “AS AVAILABLE, ” “AS-IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BASIS. TO THE MAXIMUM EXTENT PERMITTED BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICE AND PREMIUM SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRDTHE IMPLIED WARRANTIES OF NON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH XXXXXX DOES NOT WARRANT THAT THE SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICE OR PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST ; OR THAT ERRORS OR DEFECTS IN THE PROVISION SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. XXXXXX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF SERVICES THE SERVICE OR PREMIUM SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO CUSTOMERANY THIRD-PARTY OR NON-GA PRODUCTS, AND HMH SCRIPTS, CONTENT, OR OTHER TECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR QUERIES, PROVIDED BY TANIUM SHALL NOT BE HELD LIABLE 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 DAMAGES TO ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESWHETHER 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 EXPRESSLY SET FORTH FOR THE LIMITED WARRANTIES STATED ABOVE AND IN THIS AGREEMENTCASES OF SECTION 6.1A, THE SOLUTIONS AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY WARRANTYAND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING BUT NOT LIMITED TO THE WARRANTY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERNONINFRINGEMENT. HMH AVEPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE THAT CUSTOMER’S USE OF THE SYSTEM CONTENT SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN TERMS USE OF ITS CORRECTNESSTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH AVEPOINT DOES NOT WARRANT THAT THE OPERATION SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE SERVICES LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE UNINTERRUPTEDCORRECTED, VIRUS-FREE NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR ERROR-FREEINEFFICIENCY. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERAVEPOINT MAKES NO WARRANTY, AND HMH CUSTOMER ASSUMES THE ENTIRE RISK, AS TO THE INTEGRITY OF ANY DATA AND THE RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL NOT AVEPOINT BE HELD LIABLE FOR DAMAGES TO CUSTOMER FOR ANY DAMAGES RESULTING FROM ACTIONS OR RELATED TO THE USE OF SUCH THIRD PARTIESTHE SOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SCHOLASTIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH SCHOLASTIC HEREUNDER. HMH SCHOLASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH SCHOLASTIC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH SCHOLASTIC OR A HMH-SCHOLASTIC- AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH SCHOLASTIC DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH SCHOLASTIC MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SCHOLASTIC SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SCHOLASTIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT June 2012 v.15 NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH SCHOLASTIC HEREUNDER. HMH SCHOLASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH SCHOLASTIC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH SCHOLASTIC OR A HMH-SCHOLASTIC- AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH SCHOLASTIC DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERScholastic may use third party suppliers and providers who may assist in the provision of Services to Customer, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESand Scholastic shall not be held liable for damages to Customer resulting from actions of such third parties.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE AXCE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, THE SERVICES ARE PROVIDED AND ON AN “AS AS-IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BASIS. ALTOVA PROVIDES NO WARRANTIES FOR THE AXCE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY OPERATION OF LAW, STATUTORY ALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS , INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERNON-INFRINGEMENT. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH ALTOVA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUSAXCE SOFTWARE IS ERROR-FREE OR ERROR-FREEWILL OPERATE WITHOUT INTERRUPTION. FURTHERIF MANDATORILY APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE AXCE SOFTWARE, HMH ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) -DAYS FROM THE DATE OF INSTALLATION OR BEGIN OF USE, WHATEVER IS THE EARLIER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR FROM JURISDICTION TO JURISDICTION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE ACDE OR ACBE SOFTWARE FOR YOUR INTENDED USE THIRD AND YOU WILL INDEMNIFY AND HOLD HARMLESS ALTOVA FROM ANY 3RD PARTY SUPPLIERS SUIT TO THE EXTENT BASED UPON THE ACCURACY AND PROVIDERS WHO MAY ASSIST ADEQUACY OF THE ACDE OR ACBE SOFTWARE IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESYOUR USE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE SERVICES, THEIR USE AND THE SERVICES RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” AND NEITHER PARTY “AS AVAILABLE” BASIS. COMPANY MAKES NO GUARANTEES WITH RESPECT THERETO, AND DOES NOT GUARNATEE THAT ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF INVENTORY WILL BE AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL COMPANY MAKES NO WARRANTIES (INCLUDING BUT NOT LIMITED TO THE WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON-INFRINGEMENT), SYSTEM INTEGRATIONGUARANTEES, DATA ACCURACY REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWAREOTHER INDUCEMENTS, SERVICESEXPRESS, SYSTEM CONTENTIMPLIED, DOCUMENTATIONORAL, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERWRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. HMH COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE USE RESPONSES INTO SALES OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTOTHER ACTIONS. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH COMPANY DOES NOT WARRANT THAT OR GUARANTEE THE OPERATION 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 HAVE ANY LIABLITY FOR THE SERVICES WILL BE UNINTERRUPTEDCONTENT OF ANY ADVERTISEMENT OR ANY SITES, VIRUS-FREE APPES OR ERROR-FREE. FURTHERMEDIA ON WHICH THE ADVERTISEMENT APPEARS, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST NOR FOR ANY INTERRUPTIONS IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESSERVICE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SPECIFICALLY SET FORTH IN THIS AGREEMENTXXXX, TO THE SERVICES ARE PROVIDED “AS IS” MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND NEITHER PARTY MAKES ANY WARRANTYITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT RELATING TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRDIMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE, AND NON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINFRINGEMENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OFALL WARRANTIES PROVIDED PURSUANT TO THIS XXXX ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY OR INDIRECTLY FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, RESPONSIBILITY FORINCLUDING, WITHOUT LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR RELATIONSHIP UNAUTHORIZED MODIFICATION OR REPAIR OF ANY KIND WITH ANY THIRD-PARTY SITES A WARRANTED ITEM OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSFAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH HEXAGON DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES ANY SOFTWARE WILL BE UNINTERRUPTEDMEET USER’S REQUIREMENTS, VIRUS-FREE AND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-ERROR FREE. FURTHERTHE SOFTWARE IS PROVIDED “AS IS” AND USER BEARS THE SOLE RISK OF USING THE SOFTWARE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, HMH MAY USE THIRD PARTY SUPPLIERS THEN HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN HEXAGON WARRANTS THE SOFTWARE AND PROVIDERS WHO MAY ASSIST IN PROVIDES LIABILITY TO THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESMINIMUM EXTENT REQUIRED BY SAID LAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SPECIFICALLY SET FORTH IN THIS ARTICLE, HEXAGON DISCLAIMS (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED PURSUANT TO THE MASTER AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND INCLUDING ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONHIGH RISK USE, AND ANY DELIVERABLES NON-INFRINGEMENT. ALL WARRANTIES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT PURSUANT TO THIS MASTER AGREEMENT ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY OR MAKE ANY REPRESENTATIONS REGARDING THE INDIRECTLY FROM AN UNAUTHORIZED USE OR THE RESULTS MISUSE OF THE A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. THE SYSTEM CONTENT WARRANTIES SET FORTH IN TERMS THIS ARTICLE 7 ARE IN LIEU OF ITS CORRECTNESSALL OTHER WARRANTIES, ACCURACYEXPRESSED OR IMPLIED, RELIABILITYAND, EXCEPT AS SET FORTH IN ARTICLE TITLED “INDEMNIFICATION PROVISIONS” BELOW, REPRESENT THE FULL AND TOTAL WARRANTY OBLIGATION AND/OR OTHERWISELIABILITY OF HEXAGON. 8 LIMITATION OF LIABILITY IN NO EVENT WILL HEXAGON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OFLOST PROFITS, RESPONSIBILITY FORLOSS OF USE OR PRODUCTION, LOSS OF REVENUE, LOSS OF DATA, OR RELATIONSHIP CLAIMS OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENTTHIRD PARTIES, HMH DOES NOT WARRANT THAT THE OPERATION EVEN IF HEXAGON HAS BEEN ADVISED OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS POSSIBILITY OF SUCH THIRD PARTIESDAMAGES. UNDER NO CIRCUMSTANCE WILL HEXAGON'S LIABILITY UNDER THIS MASTER AGREEMENT EXCEED THE AMOUNT THAT HEXAGON HAS BEEN PAID BY CUSTOMER UNDER THE INDIVIDUAL ORDER UNDER WHICH THE EVENT GIVING RISE TO THE CAUSE OF ACTION HAS OCCURRED.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES PRODUCTS ARE BEING PROVIDED TO PURCHASER “AS IS” WITHOUT WARRANTY OF ANY KIND AND NEITHER PARTY MAKES ANY WARRANTYMCI DISCLAIMS TO PURCHASER ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS IS THE ONLY WARRANTY GIVEN BY MCI. IN NO EVENT WILL MCI BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. MCI’S LIABILITY FOR DAMAGES ARISING OUT OF, OR RELATING TO A PRODUCT OR ORDER, IS LIMITED TO THE LOWER OF CATALOG OR CONTRACT PRICE FOR THE SPECIFIC PRODUCT THAT GIVES RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OF OR LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY TO THE EXTENT ALLOWED BY APPLICABLE LAW MCI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES IMPLIED WARRANTY INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No other person or business organization (including employees or sales representatives of MCI or TRUE BLUE POWER) are authorized to extend any other express warranty on behalf of MCI, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESeither orally or in writing.

Warranty Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS 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 TAX LAWS AND REGULATIONS AND OTHERWISE CONTAIN CURRENT INFORMATION, CUSTOMS Info SHALL HAVE NO OBLIGATION TO DO SO AND NO LIABILITY TO CUSTOMER, ANY AUTHORIZED USER OR ANY THIRD PARTY FOR ANY FAILURE ON THE PART OF CUSTOMS Info TO DO SO. CUSTOMER ACKNOWLEDGES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDED HEREIN, THE SERVICES ARE SERVICE IS PROVIDED SOLELY ON AN “AS AS-IS” BASIS. CUSTOMS Info MAKES, AND NEITHER PARTY MAKES ANY WARRANTYCUSTOMER RECEIVES, EXPRESS OR NO WARRANTIES, EXPRESS, IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY CUSTOMS Info EXPRESSLY DISCLAIMS ANY ALL IMPLIED WARRANTIES AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY AND/OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERALL DUTIES AND OBLIGATIONS IMPLIED IN LAW. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH CUSTOMS Info DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL SERVICE SHALL BE UNINTERRUPTEDOPERABLE, VIRUS-FREE SHALL PROPERLY STORE DATA, SHALL OPERATE UNINTERRUPTED OR ERROR-ERROR FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST SHALL BE SECURE, SHALL KEEP DATA CONFIDENTIAL, SHALL FUNCTION OR OPERATE IN THE PROVISION OF SERVICES TO CONJUNCTION WITH ANY OTHER PRODUCT OR SHALL MEET CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES'S NEEDS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SERVICES WEBSITE ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES WITHOUT WARRANTIES OF ANY WARRANTYKIND, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAWINCLUDING, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO TO, THE WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WESTERN DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, TITLETHAT DEFECTS WILL BE CORRECTED, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF THIRD PARTY RIGHTS WITH RESPECT VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE WEBSITE AND ACCESS TO THE SOFTWARESITE WILL NOT BE INTERRUPTED, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERDISCONTINUED OR ERROR-FREE. HMH WESTERN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, RELIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH WESTERN EXPRESSLY DISCLAIMS ANY ENDORSEMENT OFRESPONSIBILITY FOR THE ACCURACY, RESPONSIBILITY FORCONTENT, AVAILABILITY OF INFORMATION, PRODUCTS OR RELATIONSHIP OF ANY KIND WITH ANY SERVICES FOUND ON THIRD-PARTY SITES THAT LINK TO OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSFROM THE WEBSITE. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT WESTERN CANNOT BE HELD RESPONSIBLE FOR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE MATERIAL CONTAINED ON THIRD PARTY SUPPLIERS SITES AND/OR RELATED SERVICES NOR DOES WESTERN MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS. THEREFORE, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL SUCH WARRANTIES AND PROVIDERS WHO MAY ASSIST IN CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESFULL EXTENT PERMITTED BY THE LAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE SERVICES QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY WARRANTYKIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, NON-INFRINGEMENT. QUIVERS MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, SYSTEM CONTENTANY INFORMATION, DOCUMENTATIONMATERIALS, AND PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY DELIVERABLES PROVIDED BY HMH HEREUNDEROF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HMH QUIVERS DOES NOT WARRANT OR MAKE GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL 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 QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS REGARDING THE 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 OR THE RESULTS 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 SYSTEM CONTENT 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 TERMS NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF ITS CORRECTNESSBUSINESS PROFITS, ACCURACYBUSINESS INTERRUPTION, RELIABILITYOR 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, INCLUDINGTO 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, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT SUCH LIABILITY ARISING OUT OF, RESPONSIBILITY FOROR 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, 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 ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR RELATIONSHIP 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 KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN SUBJECT MATTER OF THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTEDWHETHER BASED IN TORT, VIRUS-FREE CONTRACT, STRICT PRODUCT LIABILITY OR ERROR-FREE. FURTHEREQUITABLE THEORIES, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES EXCEED THE SUM OF ALL PAYMENTS MADE OR OWED BY CLIENT PURSUANT TO CUSTOMER RESULTING FROM ACTIONS 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 SUCH THIRD PARTIESITS ESSENTIAL PURPOSE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED The Software is provided to you on an “AS IS” basis, without warranty of any kind from punQtum including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. You may be entitled to warranties, conditions and terms that may not be excluded or limited by punQtum under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND NEITHER TERMS, THE SOFTWARE, PUNQTUM AND THIRD PARTY MAKES ANY WARRANTYONLINE SERVICES ARE MADE AVAILABLE “AS IS.” EXCEPT FOR THOSE NON- EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, PUNQTUM AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS (EXPRESS OR IMPLIED, WHETHER BY OPERATION OF STATUTE, COMMON LAW, STATUTORY CUSTOM, USAGE OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ) AS TO ANY AND ALL WARRANTIES MATTER INCLUDING BUT NOT LIMITED TO THE WARRANTY OF PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR A ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. PUNQTUM DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. These exclusions and limitations will apply to the maximum extent permitted by applicable law, TITLE, SYSTEM INTEGRATION, DATA ACCURACY even if any remedy fails its essential purpose. YOU ACKNOWLEDGE AND AGREE THAT: PUNQTUM HAS NO EXPRESS OR NONINFRINGEMENT OF THIRD PARTY RIGHTS IMPLIED OBLIGATION TO CONTINUE TO MAKE THE SOFTWARE OR ANY FEATURE THEREOF AVAILABLE NOR INTRODUCE ANY PRODUCTS OR SERVICES COMPATIBLE WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION, THE SERVICE AND PREMIUM SERVICES ARE PROVIDED “ON AN "AS AVAILABLE, " "AS-IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, " BASIS. TO THE MAXIMUM EXTENT PERMITTED BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICE AND PREMIUM SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTIMPLIED WARRANTIES OF NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH TANIUM DOES NOT WARRANT THAT THE SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICE OR PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST ; OR THAT ERRORS OR DEFECTS IN THE PROVISION SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF SERVICES THE SERVICE OR PREMIUM SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO CUSTOMERANY THIRD-PARTY PRODUCTS, AND HMH SCRIPTS, CONTENT, OR OTHER TECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR QUERIES, PROVIDED BY TANIUM SHALL NOT BE HELD LIABLE 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 DAMAGES TO ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESWHETHER 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 AGREEMENT, YOUR USE OF THE SERVICES ARE SHOPGATE CONNECT PLATFORM IS AT YOUR SOLE RISK. THE SHOPGATE CONNECT PLATFORM IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND NEITHER “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 MAKES ANY WARRANTYVENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, EXPRESS OR IMPLIEDSOFTWARE, NETWORKING, AND RELATED TECHNOLOGY REQUIRED TO RUN THE SHOPGATE CONNECT PLATFORM AND THAT SHOPGATE IS NOT RESPONSIBLE FOR THE SERVICES PROVIDED BY OPERATION OF SUCH THIRD PARTIES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY SHOPGATE DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON-INFRINGEMENT, SYSTEM INTEGRATIONAVAILABILITY, DATA ACCURACY ERROR-FREE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONUNINTERRUPTED OPERATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS WARRANTIES ARISING FROM A COURSE OF THE USE DEALING, COURSE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITYPERFORMANCE, OR OTHERWISEUSAGE OF TRADE. TO THE EXTENT THAT SHOPGATE MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP SCOPE AND DURATION OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESMINIMUM PERMITTED UNDER APPLICABLE LAW.

Warranty Disclaimer. EXCEPT FOR THE WARRANTY OF TITLE AS EXPRESSLY SET FORTH IN THIS AGREEMENTBELOW, THE SERVICES ITEMS ARE PROVIDED “ON AN "AS IS" AND “WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND NEITHER PARTY MAKES ANY WARRANTYPATENT. . ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED BY OPERATION OF LAWTEXAS INSTRUMENTS AND DO NOT APPLY, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT CONVEY TO RECIPIENT ANY LICENSE OR SUBLICENSE UNDER ANY PATENT, TITLECOPYRIGHT, SYSTEM INTEGRATIONOR OTHER INTELLECTUAL PROPERTY RIGHT, DATA ACCURACY EITHER EXPRESS OR NONINFRINGEMENT OF THIRD PARTY RIGHTS IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE SOFTWAREITEMS PURCHASED HEREUNDER, SERVICESINCLUDING WITHOUT LIMITATION: (i) THE QUALITY, SYSTEM CONTENTNATURE, DOCUMENTATIONADEQUACY, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS PHYSICAL CONDITION OF THE USE ITEMS, AND (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ITEMS FOR ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTPARTICULAR PURPOSE. HMH TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, REPRESENTATION OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS OWN ASSESSMENT AND EVALUATION OF THE SERVICES WILL BE UNINTERRUPTEDITEMS FOR SUCH PURPOSES AND IS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, VIRUS-FREE AFFILIATES, REPRESENTATIVES OR ERROR-FREEAGENTS. FURTHERTexas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.Texas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient. 1

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICES SERVICE AND SITE ARE PROVIDED BY O’BRIEN MEDIA AND ITS LICENSORS “AS IS” AND NEITHER PARTY “AS AVAILABLE” AND O’BRIEN MEDIA MAKES NO WARRANTY OF ANY WARRANTYKIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES , INCLUDING BUT NOT LIMITED TO THE WARRANTY OF WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT USE AND NONINFRINGEMENT. TO THE SOFTWAREFULLEST EXTENT ALLOWED BY LAW, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE YOU ASSUME ALL RISK FOR YOUR USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSSERVICE AND SITE, ACCURACYINCLUDING WITHOUT LIMITATION ANY HARM CAUSED BY VIRUSES, RELIABILITYWORKS, OR OTHERWISEOTHER DAMAGING MATERIALS. IN NO EVENT DOES O’BRIEN MEDIA GUARANTEE ANY RESULTS, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINCREASED TRAFFIC OR USER ENGAGEMENT FOR YOU. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH O’BRIEN MEDIA DOES NOT WARRANT THAT THE OPERATION SERVICE OR SITE, OR ANY PORTION THEREOF, ARE ACCURATE, ERROR OR BUG FREE, THAT YOUR USE OF THE SERVICES SERVICE OR SITE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREETHAT THE SERVICE’S OR SITE’s OPERATION WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS THIS SECTION APPLIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THE SERVICE IS OFFERED BY O’BRIEN MEDIA FROM ITS FACILITIES AND PROVIDERS WHO MAY ASSIST OPERATIONS IN THE PROVISION UNITED KINGDOM AND UNITED STATES OF SERVICES AMERICA. O’BRIEN MEDIA MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICE FROM JURISDICTIONS OUTSIDE THE UNITED KINGDOM OR UNITED STATES ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. O’BRIEN MEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT TO CUSTOMERTHE EXTENT PERMISSIBLE UNDER THE UK “SALE OF GOODS ACT”, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES1979 (AS AMENDED).

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTExcept for the limited warranty set forth herein, THE SERVICES ARE PROVIDED “"AS IS” " AND NEITHER PARTY 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 OPERATION OF STATUTE, COMMON LAW, STATUTORY CUSTOM, USAGE OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ) AS TO ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MATTER INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT . YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICES TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONACHIEVE YOUR INTENDED RESULTS, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING FOR THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT CONFIGURATION OF, RESPONSIBILITY FORUSE OF, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSAND RESULTS OBTAINED FROM THE SERVICES. WITHOUT LIMITING THE FOREGOING PROVISIONS, XXXXXXXX MAKES NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE FROM INTERRUPTIONS OR ERROR-FREEOTHER FAILURES OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST YOU ACKNOWLEDGE THAT ANY INTERRUPTION IN THE PROVISION OF SERVICES TO CUSTOMERCAN RESULT IN UNRECOVERABLE DATA LOSS. XXXXXXXX DOES NOT PERFORM BACKUPS OR IMPLEMENT FAULT TOLERANT CONFIGURATIONS ON YOUR BEHALF. YOU ARE SOLELY RESPONSIBLE FOR ANY NEEDED BACKUP. Service levels are not in any way guaranteed by Xxxxxxxx, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESand you agree to look solely to Provider regarding downtime and service interruptions not caused by the Software. The Services include online connection, but do not include set-­‐up or configuration of the Software. Xxxxxxxx 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 IN THIS AGREEMENTTHE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SERVICES WEBSITE ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES WITHOUT WARRANTIES OF ANY WARRANTYKIND, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAWINCLUDING, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO TO, THE WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADALET DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR‐FREE, TITLETHAT DEFECTS WILL BE CORRECTED, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF THIRD PARTY RIGHTS WITH RESPECT VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE WEBSITE AND ACCESS TO THE SOFTWARESITE WILL NOT BE INTERRUPTED, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERDISCONTINUED OR ERROR‐ FREE. HMH ADALET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, RELIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH ADALET EXPRESSLY DISCLAIMS ANY ENDORSEMENT OFRESPONSIBILITY FOR THE ACCURACY, RESPONSIBILITY FORCONTENT, AVAILABILITY OF INFORMATION, PRODUCTS OR RELATIONSHIP SERVICES FOUND ON THIRD‐PARTY SITES THAT LINK TO OR FROM THE WEBSITE. ADALET CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES ADALET MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY KIND WITH ANY THIRD-PARTY SITES INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD‐PARTY SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONTENT ACCESSIBLE THROUGH CONDITIONS. THEREFORE, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH HYPERTEXT LINKS. NO ADVICE JURISDICTIONS, ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESLAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOR THE LIMITED WARRANTY, THE SERVICES ARE PROVIDED “SELLER SELLS AND BUYER ACCEPTS ALL VEHICLES "AS IS” ", AND NEITHER PARTY SELLER MAKES ANY WARRANTYNO AND DISCLAIMS ALL CONDITIONS, GUARANTEES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHETHER EXISTING BY OPERATION OF COMMON LAW, STATUTORY STATUTE, OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS , REGARDING ANY AND ALL WARRANTIES VEHICLE (INCLUDING BUT NOT LIMITED WITH RESPECT TO THE WARRANTY OF QUALITY, QUANTITY, FITNESS, MERCHANTABILITY, DURABILITY, OR SUITABILITY OF ANY VEHICLE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SELLER MAY MAKE DESIGN AND SPECIFICATION CHANGES TO FUTURE VEHICLES WITHOUT NOTICE OR OBLIGATION TO BUYER. NO ASSISTANCE, TITLEINFORMATION, SYSTEM INTEGRATIONOR SUGGESTION OR ANY OTHER ORAL STATEMENT BY ANY AGENT OR EMPLOYEE OF SELLER REGARDING THE PURCHASE, DATA ACCURACY USE, SELECTION, APPLICATION, TECHNICAL SPECIFICATIONS, OR NONINFRINGEMENT SUITABILITY OF THIRD PARTY RIGHTS WITH RESPECT ANY VEHICLE WILL BE DEEMED TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONBE A REPRESENTATION OR WARRANTY OF ANY KIND, AND BUYER MAY NOT RELY UPON ANY DELIVERABLES PROVIDED BY HMH HEREUNDERSUCH STATEMENT FOR ANY REASON. HMH DOES NOT WARRANT BUYER REPRESENTS AND WARRANTS TO SELLER THAT BUYER HAS RELIED EXCLUSIVELY UPON BUYER'S OWN KNOWLEDGE AND JUDGMENT REGARDING ALL VEHICLES, INCLUDING THE FITNESS OR MAKE SUITABILITY OF ANY REPRESENTATIONS REGARDING THE VEHICLE FOR BUYER'S PARTICULAR, INTENDED, OR CONTEMPLATED USE OR PURPOSE. THE RESULTS SOLE LIABILITY OF THE USE SELLER TO BUYER FOR A BREACH OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTEDTO REPAIR OR REPLACE ANY DEFECTIVE PART OR COMPONENT, VIRUS-FREE WHICH DEFECTIVE PART OR ERROR-FREECOMPONENT BUYER RETURNS TO SELLER AND IS, IN SELLER'S SOLE DISCRETION, DEFECTIVE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OPTION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT REPAIR OR REPLACEMENT WILL BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS F.O.B. SELLER'S PRINCIPAL PLACE OF SUCH THIRD PARTIESBUSINESS.

Warranty Disclaimer. EXCEPT AS YOU EXPRESSLY SET FORTH IN THIS AGREEMENT, ACKNOWLEDGE AND AGREE THAT USE OF ANY BRAINTRAIN PRODUCT IS AT YOUR SOLE RISK. THE SERVICES SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED “"AS IS”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

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYREPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE SOFTWAREFOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, SERVICESMANUFACTURE OR COMMERCIALIZATION OF ANY PRODUCT UNDER THIS AGREEMENT WILL BE SUCCESSFUL. AEVI AGREES THAT (A) MEDIMMUNE WILL HAVE NO LIABILITY TO AEVI FOR ANY ACT OR OMISSION IN THE PREPARATION, SYSTEM CONTENTFILING, DOCUMENTATIONPROSECUTION, MAINTENANCE, ENFORCEMENT, DEFENSE, OR OTHER HANDLING OF THE MEDIMMUNE PATENT RIGHTS PRIOR TO THE EFFECTIVE DATE; AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT (B) ASSUMING THE ACCURACY OF MEDIMMUNE’S REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 11.2, AEVI IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE MEDIMMUNE INTELLECTUAL PROPERTY HAS APPLICABILITY OR MAKE ANY REPRESENTATIONS REGARDING UTLITY IN AEVI’S CONTEMPLATED EXPLOITATION OF THE USE MOLECULE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT PRODUCTS AND ASSUMES ALL RISK AND LIABILITY IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND CONNECTION WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESDETERMINATION.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE SERVICES QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY WARRANTYKIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, NON-INFRINGEMENT. ​ XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS' SERVICES, SYSTEM CONTENTANY INFORMATION, DOCUMENTATIONMATERIALS, AND PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY DELIVERABLES PROVIDED BY HMH HEREUNDEROF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HMH XXXXXXX DOES NOT WARRANT OR MAKE GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL 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 QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS REGARDING THE 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 OR THE RESULTS OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSQUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, ACCURACYTAX, RELIABILITYREGULATORY, OR OTHERWISEOTHER REQUIREMENTS, INCLUDINGINCLUDING WITHOUT LIMITATION ON THE PROVISION, BUT NOT LIMITED TOOPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED 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. XXXXXXX MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THE SYSTEM CONTENTQUIVERS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OFIF CLIENT USES THE QUIVERS SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION AND ALL APPLICABLE LOCAL LAWS OF THE SERVICES WILL BE UNINTERRUPTEDJURISDICTION FROM WHICH CLIENT ACCESS IT, VIRUS-FREE OR ERROR-FREEINCLUDING WITHOUT LIMITATION THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.​

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH SPECIFIED IN THIS AGREEMENTSECTION, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GOOGLE AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL , INCLUDING WITHOUT LIMITATION WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY USE AND/OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERNON- INFRINGEMENT. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF GOOGLE ASSUMES NO RESPONSIBILITY FOR THE USE OF THE SYSTEM SERVICE(S). GOOGLE AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT ANY CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICE. GOOGLE MAKES NO REPRESENTATION THAT GOOGLE (OR ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THIRD PARTY) WILL ISSUE UPDATES OR ENHANCEMENTS TO THE SYSTEM CONTENTSERVICE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH GOOGLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE EFFECTIVE DATE. THE SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USES SUCH AS THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL OR LIFE SUPPORT SYSTEMS, WHERE THE SERVICES WILL BE UNINTERRUPTEDFAILURE OF THE SERVICE COULD LEAD TO DEATH, VIRUS-FREE PERSONAL INJURY, OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”).

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOR THE LIMITED WARRANTIES STATED ABOVE, THE SOLUTIONS AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES CUS- TOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY WARRANTYAND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING BUT NOT LIMITED TO THE WARRANTY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERNONIN- FRINGEMENT. HMH AVEPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE THAT CUS- TOMER’S USE OF THE SYSTEM CONTENT SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITH- OUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN TERMS USE OF ITS CORRECTNESSTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH AVEPOINT DOES NOT WARRANT THAT THE OPERATION SOLUTIONS WILL MEET CUS- TOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBI- NATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFT- XXXX BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EX- CEPT AS TO COMPATIBILITY OF THE SERVICES WILL BE UNINTERRUPTEDLICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES AVE- POINT MAKES NO WARRANTIES TO CUSTOMER WITH RE- SPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYS- TEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.６． 保証と免責

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTNO WARRANTIES. LICENSOR, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO REPRESENTATION OR WARRANTY , WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE SERVICES LICENSED PROGRAMS. LICENSEE’S USE OF ALL SUCH PROGRAMS ARE PROVIDED AT LICENSEE’S AND CUSTOMERS’ OWN RISK. LICENSOR PROVIDES THE LICENSED PROGRAMS ON AN “AS IS” BASIS “WITH ALL FAULTS” AND NEITHER PARTY MAKES ANY WARRANTY“AS AVAILABLE.” LICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, EXPRESS OR IMPLIEDPROCESSED BY, BY OPERATION OF THE LICENSED PROGRAMS. TO THE EXTENT PERMITTED UNDER LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS LICENSOR EXCLUDES ANY AND ALL WARRANTIES IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATIONWORKMANLIKE EFFORT, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONACCURACY, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRDNON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSINFRINGEMENT. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION GUARANTEE OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE TIMELY, SECURE, OR ERROR-FREEFREE OPERATION IS MADE. FURTHERLICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, HMH MAY TO USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST CAUTION, NOT TO RELY IN ANY WAY ON THE PROVISION OF SERVICES TO CUSTOMERCORRECT FUNCTIONING OR PERFORMANCE THE SOFTWARE AND/OR ACCOMPANYING MATERIALS, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESUSE THE SOFTWARE IN A PRODUCTION ENVIRONMENT.

Warranty Disclaimer. Aruba warrants to you (and only you) that any media on which the Programs are recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date the Programs are delivered to you. If a defect in any such media should occur during this 90-day period, the media may be returned to Aruba (or if you received such Programs from a reseller, to such reseller) and Aruba or the reseller, as applicable, will replace the media without charge to you. Aruba shall have no responsibility to replace media if the failure of media results from accident, abuse or misuse of the media. ARUBA AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOR THE EXPRESS WARRANTY ABOVE, THE SERVICES PROGRAMS ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES TO YOU WITH NO WARRANTY OF ANY WARRANTYKIND, EXPRESS OR IMPLIED, BY OPERATION OF LAWINCLUDING WITHOUT LIMITATION, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. LIMITATION OF THIRD PARTY RIGHTS WITH RESPECT LIABILITY YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF ARUBA AND ITS SUPPLIERS RELATED TO THE SOFTWAREPROGRAMS SHALL BE EXPRESSLY LIMITED TO REPLACEMENT OF MEDIA AS PROVIDED ABOVE. IN NO EVENT WILL ARUBA OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, SERVICESPRODUCTION, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS DELIVERY OF THE USE PROGRAMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS POSSIBILITY OF SUCH THIRD PARTIESDAMAGES.

Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH OUT IN SECTION 8(a) OF THIS AGREEMENT, THE HOSTING SERVICES, SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYTHERE ARE NO OTHER WARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, STATUTORY COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. HMH SPECIFICALLY DISCLAIMS S&S, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE CONDITIONS REGARDING SOFTWARE, THE HOSTING SERVICES, SYSTEM CONTENT, DOCUMENTATION, THE PROFESSIONAL SERVICES AND ANY DELIVERABLES OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT HEREUNDER OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISECONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTWARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH CONTRACTOR DOES NOT REPRESENT OR WARRANT THAT THE HOSTING SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET 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, S&S 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 SERVICES WILL BE UNINTERRUPTEDINTERNET, VIRUS-FREE CUSTOMER’S INTERNAL NETWORK OR ERROR-FREE. FURTHER, HMH MAY USE CUSTOMER’S OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF CUSTOMER’S THIRD PARTY SUPPLIERS DATA MANAGEMENT SYSTEM (ANY SYSTEM THAT IS NOT COVERED UNDER THIS AGREEMENT) OR THE 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 PROVIDERS WHO MAY ASSIST IN THE PROVISION SIGNED BY AN AUTHORIZED SIGNING OFFICER OF SERVICES TO S&S AND CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Warranty Disclaimer. To the extent applicable, Transcon warrants that the Goods shall be free from material defects in workmanship and materials, so long as such Goods are used in conformance with their intended use and in strict compliance with the instructions of Transcon, for a period of one (1) year, which period shall commence upon transfer of title to said Goods to the Customer. Notwithstanding the foregoing, in the event Customer fails to timely pay for such Goods in accordance with the Terms and Conditions set forth herein, any such warranty shall be void ab initio. EXCEPT AS EXPRESSLY SPECIFICALLY SET FORTH IN THIS AGREEMENTTHE AGREEMENT OR A SEPARATE WRITING, THE SERVICES ARE PROVIDED “AS IS” TRANSCON EXPRESSLY DISCLAIMS ALL AND NEITHER PARTY MAKES ANY WARRANTYNO OTHER WARRANTIES WHETHER EXPRESSED, EXPRESS OR IMPLIED, BY OPERATION OF LAWOR STATUTORY, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING INCLUDING, BUT NOT LIMITED TO THE WARRANTY TO, ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON- INFRINGEMENT, SYSTEM INTEGRATIONWHICH DISCLAIMER SHALL INCLUDE, DATA ACCURACY OR NONINFRINGEMENT WITHOUT LIMITATION, A DISCLAIMER OF THIRD PARTY RIGHTS ALL WARRANTIES WITH RESPECT TO SUPPLIERS’ AND/OR VENDORS’ GOODS INCORPORATED INTO OR USED WITH THE SOFTWAREGOODS. ANY SERVICES PERFORMED BY TRANSCON ON BEHALF OF OR FOR CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS AND TRANSCON MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SERVICES, SYSTEM CONTENT, DOCUMENTATION, . TRANSCON DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO SUCH SERVICES. TRANSCON HAS NO AND EXPRESSLY DISCLAIMS ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEDUTY TO VERIFY THIRD PARTY INFORMATION, INCLUDING, BUT WITHOUT LIMITATION, MSDS SHEETS, LABELS, AND LABELLING OBLIGATIONS, AND CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ANY RELIANCE BY CUSTOMER ON TRANSCON’S SERVICES, WHICH MAY OR MAY NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE INCLUDE THIRD PARTY SUPPLIERS INFORMATION SHALL BE AT CUSTOMER’S SOLE RISK AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESLIABILITY.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYWARRANTY WITH RESPECT TO ANY TECHNOLOGY, EXPRESS GOODS, SERVICES, RIGHTS OR IMPLIED, BY OPERATION OTHER SUBJECT MATTER OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. LIBD DOES NOT MAKE ANY REPRESENTATION OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WARRANTY WITH RESPECT TO THE SOFTWARELIBD DATA, SERVICESINCLUDING WITHOUT LIMITATION, SYSTEM CONTENTTHE SALE OF LICENSED PRODUCTS OR OTHER, DOCUMENTATIONUSE, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT ACTIVITIES OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OTHER EXPLOITATION OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESSLICENSED PRODUCTS OR DELIVERABLES, ACCURACY, RELIABILITY, THAT IT WILL NOT INFRINGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, MISAPPROPRIATE ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, PATENT OR RELATIONSHIP OTHER PROPRIETARY RIGHT OF ANY KIND WITH THIRD PARTY. ANY THIRD-WARRANTY MADE BY BULLFROGAI TO ITS CUSTOMERS, USERS OF ANY LICENSED PRODUCT OR ANY OTHER THIRD PARTY SITES ARE MADE BY BULLFROGAI ALONE AND SHALL NOT BIND LIBD OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSBE DEEMED OR TREATED AS HAVING BEEN MADE BY LIBD. LIBD MAKES NO ADVICE BY HMH REPRESENTATION OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN WHATSOEVER AS DESCRIBED TO ANY RESULTS TO BE ACHIEVED IN CONSEQUENCE OF BULLFROGAI CARRYING OUT ANY DEVELOPMENT EFFORTS OR ACTIVITIES UNDER THIS AGREEMENT, HMH DOES NOT WARRANT OR THAT THAT THE OPERATION DEVELOPMENT OR ACTIVITIES OF THE SERVICES ANY LICENSED PRODUCT WILL BE UNINTERRUPTED, VIRUS-FREE SUCCESSFUL OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT THAT ANY LICENSED PRODUCT WILL BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESCOMMERCIALLY EXPLOITABLE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTBY INSTALLING, THE SERVICES ARE PROVIDED COPYING OR OTHERWISE USING LIGHTING ANALYSTS’ PRODUCTS, ALL USERS AGREES TO TAKE AND USE LIGHTING ANALYSTS’ PRODUCTS “AS IS” ”. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 7.1 (LIMITED WARRANTY) HEREOF, LIGHTING ANALYSTS MAKES AND NEITHER PARTY MAKES ALL USERS 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 WARRANTYSERVICES 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 ALL USERS CONSTITUTES DESCRIPTIVE INFORMATION AND NOT AN EXPRESS WARRANTY OR IMPLIEDGUARANTEE. IN ADDITION, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH LIGHTING ANALYSTS SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH LIGHTING ANALYSTS DOES NOT WARRANT THAT THE OPERATION OR OUTPUT OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTEDACCURATE, VIRUS-FREE OR ERROR-FREE, RELIABLE, COMPLETE OR UNINTERRUPTED. FURTHERLIGHTING ANALYSTS DOES NOT WARRANT THAT THE SOFTWARE, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF MATERIALS, PAYMENT SERVICES, OR SERVICES TO CUSTOMERPROVIDED HEREUNDER WILL BE FREE FROM BUGS, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESVIRUSES, ERRORS, OR OTHER LIMITATIONS. Some states do not allow the exclusion of implied warranties, therefore the above exclusions may not apply to All Users, in which case any implied warranties are limited in duration to thirty (30) days from date of purchase.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION, THE SERVICE AND PREMIUM SERVICES ARE PROVIDED “ON AN "AS AVAILABLE, " "AS-IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, " BASIS. TO THE MAXIMUM EXTENT PERMITTED BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICE AND PREMIUM SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRDTHE IMPLIED WARRANTIES OF NON-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTINFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH TANIUM DOES NOT WARRANT THAT THE SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE SERVICE OR PREMIUM SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST ; OR THAT ERRORS OR DEFECTS IN THE PROVISION SERVICE OR PREMIUM SERVICES WILL BE CORRECTED. TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF SERVICES THE SERVICE OR PREMIUM SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO CUSTOMERANY THIRD-PARTY PRODUCTS, AND HMH SCRIPTS, CONTENT, OR OTHER TECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR QUERIES, PROVIDED BY TANIUM SHALL NOT BE HELD LIABLE 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 DAMAGES TO ANY THIRD- PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESWHETHER 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 SUBJECT ONLY TO ANY WARRANTY RIGHTS THAT CUSTOMER MAY HAVE UNDER THE COMMERCIAL AGREEMENT, THE SERVICES FOREGOING WARRANTIES ARE PROVIDED “AS IS” IN LIEU OF, AND NEITHER PARTY MAKES ANY WARRANTYTHE PARTIES EXPRESSLY DISCLAIM, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTIMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. HMH EXPRESSLY QRVEY SPECIFICALLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-ERROR FREE. FURTHERQRVEY MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS. THE PROVISION SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF SERVICES TO CUSTOMERANY KIND, AND HMH WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. CUSTOMER AGREES THAT NO COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE SHALL NOT BE HELD LIABLE FOR DAMAGES APPLY TO THIS AGREEMENT. CUSTOMER RESULTING FROM ACTIONS ACKNOWLEDGES THAT ITS ONLY REMEDIES IN RESPECT OF SUCH THIRD PARTIESANY CLAIM WHATSOEVER THAT CUSTOMER MAY WISH TO BRING AGAINST QRVEY AND ITS LICENSORS ARE AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INGENUITY AND ITS SUPPLIERS PROVIDE THE SERVICES ARE PROVIDED LICENSED MATERIALS “AS IS” AND NEITHER PARTY MAKES ANY MAKE NO WARRANTY, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION OF LAWWITH RESPECT TO LICENSED MATERIALS OR ANY PART THEREOF, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT, SYSTEM INTEGRATIONOR ARISING FROM COURSE OF PERFORMANCE, DATA ACCURACY DEALING, USAGE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND TRADE. NEITHER INGENUITY NOR ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICES LICENSED MATERIALS OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, VIRUS-FREE TIMELY, AVAILABLE, SECURE OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. FURTHERYOU HEREBY ACKNOWLEDGE THAT SECURITY SAFEGUARDS, HMH BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND INGENUITY DOES NOT AND CANNOT GUARANTEE THAT BIOLOGICAL DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE LICENSED MATERIALS MAY USE THIRD PARTY SUPPLIERS BE USED TO ACCESS AND PROVIDERS WHO TRANSFER INFORMATION, INCLUDING BIOLOGICAL DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT INGENUITY 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 ASSIST IN ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE PROVISION OF SERVICES TO CUSTOMER, AND HMH LICENSED MATERIALS AND/OR YOUR BIOLOGICAL DATA. INGENUITY SHALL NOT BE HELD LIABLE RESPONSIBLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF SUCH THIRD PARTIESITS INFORMATION AND SYSTEMS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCONVERGENCE PROVIDES THE SERVICES, THE SERVICES ARE PROVIDED EQUIPMENT AND SOFTWARE ON AN “AS IS” AND NEITHER “AS AVAILABLE” BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND (EXCEPT FOR ANY THIRD PARTY MAKES ANY WARRANTYMANUFACTURER WARRANTIES THAT MAY BE APPLICABLE TO EQUIPMENT PURCHASED BY CUSTOMER FROM CONVERGENCE), EXPRESS OR WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH , AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, PURPOSE AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERNON-INFRINGEMENT. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. CONVERGENCE MAKES NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF SERVICES WILL MEET CUSTOMER REQUIREMENTS, SPECIFICATIONS, EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR 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. FURTHERCUSTOMER ACKNOWLEDGES THAT CONVERGENCE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, HMH 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 SERVICES OR THE INTERNET IN GENERAL, OR FOR ANY ISSUES RELATED TO THE PERFORMANCE, USE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM CUSTOMER’S USE, CUSTOMER CONTENT, CUSTOMER APPLICATIONS, OR THIRD PARTY SUPPLIERS CONTENT. CONVERGENCE DISCLAIMS ALL REPRESENTATIONS AND PROVIDERS WHO MAY ASSIST WARRANTIES REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS OR USEFULNESS OF THIRD PARTY CONTENT. TO THE EXTENT THAT CONVERGENCE CANNOT DISCLAIM ANY WARRANTIES IN CERTAIN JURISDICTIONS, THE PROVISION OF SERVICES TO CUSTOMER, SCOPE AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS DURATION OF SUCH THIRD PARTIESWARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. ALTHOUGH REASONABLE EFFORTS ARE MADE TO PROVIDE SECURITY FOR VOICEMAILS AND FAX TRANSMISSIONS, CONVERGENCE MAKES NO GUARANTEES OR WARRANTIES OF SECURITY.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SCHOLASTIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH SCHOLASTIC HEREUNDER. HMH SCHOLASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH SCHOLASTIC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-THIRD- PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH SCHOLASTIC OR A HMHSCHOLASTIC-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH SCHOLASTIC DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH SCHOLASTIC MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SCHOLASTIC SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Warranty Disclaimer. EXCEPT FOR THE WARRANTY OF TITLE AS EXPRESSLY SET FORTH IN THIS AGREEMENTBELOW, THE SERVICES ITEMS ARE PROVIDED “ON AN "AS IS" AND “WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND NEITHER PARTY MAKES ANY WARRANTYPATENT. . ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED BY OPERATION OF LAWTEXAS INSTRUMENTS AND DO NOT APPLY, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT CONVEY TO RECIPIENT ANY LICENSE OR SUBLICENSE UNDER ANY PATENT, TITLECOPYRIGHT, SYSTEM INTEGRATIONOR OTHER INTELLECTUAL PROPERTY RIGHT, DATA ACCURACY EITHER EXPRESS OR NONINFRINGEMENT OF THIRD PARTY RIGHTS IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE SOFTWAREITEMS PURCHASED HEREUNDER, SERVICESINCLUDING WITHOUT LIMITATION: (i) THE QUALITY, SYSTEM CONTENTNATURE, DOCUMENTATIONADEQUACY, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS PHYSICAL CONDITION OF THE USE ITEMS, AND (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ITEMS FOR ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTPARTICULAR PURPOSE. HMH TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, REPRESENTATION OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS OWN ASSESSMENT AND EVALUATION OF THE SERVICES WILL BE UNINTERRUPTEDITEMS FOR SUCH PURPOSES AND IS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, VIRUS-FREE AFFILIATES, REPRESENTATIVES OR ERROR-FREEAGENTS. FURTHERTexas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESTexas Instruments will deliver to Recipient an executed bill of sale for all of the Items in a form reasonably acceptable to Recipient.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS AGREEMENTTHESE TERMS AND CONDITIONS, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY COMPANY MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES (INCLUDING ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS APPLICATION) WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATIONANY GOODS OR SERVICES SOLD BY COMPANY. COMPANY DISCLAIMS ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE, AND ANY DELIVERABLES PROVIDED BUYER OF GOODS OR SERVICES FROM COMPANY ACKNOWLEDGES THAT THERE ARE NO WARRANTIES IMPLIED BY HMH HEREUNDER. HMH DOES NOT WARRANT CUSTOM OR MAKE ANY REPRESENTATIONS REGARDING USAGE IN THE USE OR THE RESULTS TRADES OF THE USE BUYER AND OF THE SYSTEM CONTENT COMPANY, AND THAT PRIOR DEALINGS OF BUYER WITH THE COMPANY DO NOT IMPLY COMPANY WARRANTS THE GOODS OR SERVICES IN TERMS ANY WAY. ANY BUYER OF ITS CORRECTNESSGOODS 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, ACCURACYTORT, RELIABILITYWARRANTY, STRICT LIABILITY OR OTHERWISENEGLIGENCE, INCLUDINGAND WHETHER FOR COMMERCIAL LOSS, PERSONAL INJURY OR OTHER MONETARY LOSS, SHALL BE AT COMPANY’S OPTION, TO REPAIR OR REPLACE THE GOODS OR SERVICES OR REFUND THE PURCHASE PRICE. THE COMPANY SHALL IN NO EVENT BE LIABLE FOR EXPENSE FOR REMOVAL, REINSTALLATION OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF THE COMPANY FAILS IN ANY ATTEMPT TO REMEDY DEFECTS IN THE GOODS AND SERVICES, BUT NOT LIMITED TO, 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 SERVICES. ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP CAUSE OF ACTION FOR BREACH OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE WARRANTY BY HMH OR THE COMPANY SHALL BE BARRED UNLESS THE COMPANY RECEIVES FROM THE BUYER A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION WRITTEN NOTICE OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE ALLEGED DEFECT OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN BREACH WITHIN 20 DAYS FROM THE PROVISION OF SERVICES TO CUSTOMEREARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH, AND HMH NO ACTION FOR THE BREACH OF ANY WARRANTY SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING COMMENCED BY THE BUYER LATER THAN TWELVE MONTHS FROM ACTIONS OF SUCH THIRD PARTIESTHE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH. For purposes of this paragraph, “Goods” shall specifically include any and all parts thereof.

Warranty Disclaimer. EXCEPT THE SERVICES ARE 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, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES WITHOUT WARRANTIES OF ANY WARRANTYKIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAWINCLUDING, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, SYSTEM INTEGRATIONWHETHER ORAL OR WRITTEN, DATA ACCURACY OBTAINED BY YOU FROM XXXXXXXXXXXXXXX.XX OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THROUGH THE SOFTWARESERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SERVICESXXXXXXXXXXXXXXX.XX, SYSTEM CONTENTITS SUBSIDIARIES, DOCUMENTATIONITS AFFILIATES, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR MAKE CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY REPRESENTATIONS REGARDING PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE USE SERVICES ARE FREE OF VIRUSES OR THE RESULTS OF OTHER HARMFUL COMPONENTS. ANY CONTENT RESULTING FROM OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH, THE USE OF THE SERVICES IS DOWNLOADED AND USED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO THE EXTENT NOT EXPRESSLY SET FORTH OTHERWISE HEREIN, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM CONTENT IN TERMS OR MOBILE DEVICE OR LOSS OF ITS CORRECTNESSDATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. FURTHER, ACCURACYXXXXXXXXXXXXXXX.XX DOES NOT WARRANT, RELIABILITYENDORSE, GUARANTEE, OR OTHERWISEASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING, BUT AND XXXXXXXXXXXXXXX.XX WILL NOT LIMITED TO, BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTPROVIDERS OF PRODUCTS OR SERVICES. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OFFEDERAL LAW, RESPONSIBILITY FORSOME STATES, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMERPROVINCES, AND HMH SHALL OTHER JURISDICTIONS DO NOT BE HELD LIABLE FOR DAMAGES ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER RESULTING YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM ACTIONS OF SUCH THIRD PARTIESSTATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE LIMITED WARRANTY IN THIS AGREEMENTSECTION 9.1, THE SERVICES ARE RAPTA OFFERING IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER PARTY MAKES RAPTA NOR ITS SUPPLIERS MAKE ANY WARRANTYOTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY , AND ALL EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, PURPOSE AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERNONINFRINGEMENT. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH RAPTA DOES NOT WARRANT THAT THE OPERATION CUSTOMER’S USE OF THE SERVICES RAPTA OFFERING WILL BE UNINTERRUPTEDSECURE, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE, NOR DOES RAPTA WARRANT THAT THE RESULTS FROM USE OF THE RAPTA OFFERING WILL BE ACCURATE OR RELIABLE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN RAPTA DOES NOT WARRANT THAT RAPTA WILL REVIEW THE PROVISION OF SERVICES CUSTOMER DATA SUBMITTED TO CUSTOMER, AND HMH THE RAPTA PLATFORM FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. RAPTA SHALL NOT BE HELD LIABLE FOR DAMAGES 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 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 ANY APPLICABLE LAWS OR REGULATIONS. CUSTOMER RESULTING FROM ACTIONS IS SOLELY RESPONSIBLE FOR ENSURING THAT CUSTOMER’S AND ITS USER’S USE OF SUCH THIRD PARTIES.AND ACCESS TO THE RAPTA OFFERING IS IN ACCORDANCE WITH APPLICABLE LAW. RAPTA FURTHER MAKES NO WARRANTY IN CONNECTION WITH UPLOAD OR DOWNLOAD OF “SENSITIVE DATA TYPES”, DEFINED AS DATA PERTAINING TO

Warranty Disclaimer. EXCEPT AS FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 9.1 ABOVE, THE SERVICES ARE TEALIUM OFFERING IS PROVIDED “SOLELY ON AN "AS IS” ," AND NEITHER PARTY MAKES "AS AVAILABLE BASIS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, STATUTORY TEALIUM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FORIMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING, OR RELATIONSHIP RELATING TO OR AFFECTED BY WEB SITE VISITORS’ BROWSER SECURITY SETTINGS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TEALIUM AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY KIND WITH ANY THIRDWARRANTIES THAT (A) THE OPERATION OR USE OF THE TEALIUM OFFERING WILL BE TIMELY, UNINTERRUPTED, OR ERROR-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKSFREE; AND (B) THE TEALIUM OFFERING WILL MEET CUSTOMER'S REQUIREMENTS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN EXCEPT AS DESCRIBED MAY BE EXPRESSLY PROVIDED ELSEWHERE IN THIS AGREEMENT, HMH DOES CUSTOMER USES THE TEALIUM OFFERING AT ITS OWN RISK. TEALIUM’S OBLIGATIONS AND WARRANTIES ARE ONLY FOR CUSTOMER’S BENEFIT AND NOT WARRANT THAT THE OPERATION FOR ANY CUSTOMER OF THE SERVICES WILL BE UNINTERRUPTEDCUSTOMER, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION ANY PARTNER OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES ARE CONDITIONED ON CUSTOMER’S USE OF THE MOST RECENT VERSION OF THE TEALIUM OFFERING MADE AVAILABLE BY TEALIUM TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.CUSTOMER. Limitation of Liability

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTTHESE CO-CO LICENSE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYREPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, CO-CO LICENSED PRODUCT, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THESE CO-CO LICENSE TERMS AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, ANY AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS ALL OF THE USE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE OR COMMERCIALIZATION OF ANY CO-CO LICENSED PRODUCT PURSUANT TO THESE CO-CO LICENSE TERMS WILL BE SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO ANY CO-CO LICENSED PRODUCT WILL BE ACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SERVICES WILL BE UNINTERRUPTED, VIRUSSECURITIES EXCHANGE ACT OF 1934. CO-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.CO LICENSE TERMS

Warranty Disclaimer. EXCEPT FOR THE WARRANTY OF TITLE AS EXPRESSLY SET FORTH IN THIS AGREEMENTBELOW, THE SERVICES ITEMS ARE PROVIDED “ON AN "AS IS" AND “WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND NEITHER PARTY MAKES ANY WARRANTYPATENT. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED BY OPERATION OF LAWTEXAS INSTRUMENTS AND DO NOT APPLY, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT CONVEY TO RECIPIENT ANY LICENSE OR SUBLICENSE UNDER ANY PATENT, TITLECOPYRIGHT, SYSTEM INTEGRATIONOR OTHER INTELLECTUAL PROPERTY RIGHT, DATA ACCURACY EITHER EXPRESS OR NONINFRINGEMENT OF THIRD PARTY RIGHTS IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE SOFTWAREITEMS PURCHASED HEREUNDER, SERVICESINCLUDING WITHOUT LIMITATION: (i) THE QUALITY, SYSTEM CONTENTNATURE, DOCUMENTATIONADEQUACY, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS PHYSICAL CONDITION OF THE USE ITEMS, AND (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ITEMS FOR ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTPARTICULAR PURPOSE. HMH TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, REPRESENTATION OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS OWN ASSESSMENT AND EVALUATION OF THE SERVICES WILL BE UNINTERRUPTEDITEMS FOR SUCH PURPOSES AND IS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, VIRUS-FREE AFFILIATES, REPRESENTATIVES OR ERROR-FREEAGENTS. FURTHERTexas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESTexas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTYOTHER REPRESENTATION, EXPRESS GUARANTEE OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITYANY KIND, FITNESS FOR A PARTICULAR PURPOSEEXPRESS, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, IMPLIED OR OTHERWISE, INCLUDINGUNDER THIS AGREEMENT INCLUDING REPRESENTATIONS, BUT NOT LIMITED TO, GUARANTEES OR WARRANTIES AS TO THE RESULTS TO BE EXPECTED FROM USE OF ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN OF THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FORLICENSED IP, OR RELATIONSHIP FROM MANUFACTURE OR SALE OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY PRODUCT HEREUNDER. OTHER THAN EXCEPT AS DESCRIBED EXPRESSLY SET FORTH IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT LICENSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY UNDER THIS AGREEMENT FOR THE LICENSED IP; FOR THE ABILITY OR INABILITY OF LICENSEE TO USE THE LICENSED IP; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, DESIGN OR OPERATION OF ANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT ARE A FUNDAMENTAL PART OF THE PROVISION BASIS OF SERVICES TO CUSTOMEREACH PARTY’S BARGAIN HEREUNDER, AND HMH NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT ABSENT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL NOT BE HELD LIABLE HAVE NO LIABILITY UNDER THIS AGREEMENT ARISING OUT OF OR RELATING TO ANY FACTS OR CIRCUMSTANCES WHICH CONSTITUTE A BREACH OF ANY REPRESENTATION OR WARRANTY OF LICENSEE UNDER THE APA, OR FOR DAMAGES WHICH LICENSEE WOULD OTHERWISE HAVE LIABILITY TO CUSTOMER RESULTING LICENSOR OR ANY AFFILIATE UNDER THE APA (WITHOUT GIVING EFFECT TO ANY SURVIVAL PERIODS OR LIMITATIONS ON LIABILITY SET FORTH THEREIN), AND NOTHING IN THIS AGREEMENT SHALL DEROGATE FROM ACTIONS OF SUCH THIRD PARTIESLICENSOR’S RIGHTS UNDER THE APA.

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, CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE CUSTOMER'S SOLE RISK. THE SERVICES ARE PROVIDED “ON AN "AS IS” AND NEITHER PARTY MAKES ," "AS AVAILABLE" BASIS. RIGHTNOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY WARRANTYKIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAWINCLUDING, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO TO, THE WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE AND NON-INFRINGEMENT, SYSTEM INTEGRATIONAS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, DATA ACCURACY COURSE OF DEALING OR NONINFRINGEMENT COURSE OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERPERFORMANCE. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. RIGHTNOW MAKES NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE TIMELY, SECURE, OR ERROR-ERROR- FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. FURTHERRIGHTNOW 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, HMH MAY USE AND NOTHING IN THIS AGREEMENT PROVIDES CUSTOMER WITH ANY RECOURSE AGAINST A THIRD PARTY SUPPLIERS THAT HAS PROVIDED SOFTWARE OR HARDWARE TO RIGHTNOW FOR USE IN DELIVERY OF THE SERVICES. CUSTOMER UNDERSTANDS AND PROVIDERS WHO MAY ASSIST IN AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PROVISION OF SERVICES IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING 'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACTIONS THE DOWNLOAD OR USE OF SUCH THIRD PARTIESMATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH THE WARRANTIES IN THE FIRST SENTENCE OF SECTION 6 (PROPRIETARY RIGHTS INDEMNIFICATION), IN SECTION 7 (WARRANTIES) AND IN SECTION 4 (WARRANTIES) OF EXHIBIT A (PROFESSIONAL SERVICES) ARE THE SOLE AND EXCLUSIVE WARRANTIES TO GE UNDER THIS AGREEMENT, AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, TITLETITLE AND NONINFRINGEMENT. GMI'S LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, SYSTEM INTEGRATIONEXPRESS, DATA ACCURACY STATUTORY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWAREIMPLIED, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH . GMI DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN THE DOCUMENTATION OR THAT THE OPERATION OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHERPRE-PRODUCTION RELEASES OF SOFTWARE ARE DISTRIBUTED "AS IS", HMH MAY HOWEVER, IF GE IS TO RECEIVE A PRE-PRODUCTION RELEASE OF SOFTWARE IT SHALL BE NOTIFIED IN ADVANCE AS TO THE STATUS OF THE SOFTWARE. NEITHER THE SOFTWARE NOR THE GMI DELIVERABLES ARE INTENDED FOR USE THIRD PARTY SUPPLIERS DIRECTLY IN ANY NUCLEAR, AVIATION, MASS TRANSIT, MEDICAL, OR OTHER INHERENTLY DANGEROUS APPLICATION. GMI EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. GE REPRESENTS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH WARRANTS THAT IT SHALL NOT BE HELD LIABLE DIRECTLY OR INDIRECTLY USE THE SOFTWARE OR THE GMI DELIVERABLES TO DEVELOP, TEST OR DEPLOY ANY APPLICATIONS FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESPURPOSES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND NEITHER PARTY MAKES “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY WARRANTYKIND. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXPRESS OR THREAT X HEREBY DISCLAIMS TO THE MAXIMUM AMOUNT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED, BY OPERATION OF LAWOR STATUTORY REGARDING THE SERVICES, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS INCLUDING ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, NON- INFRINGEMENT AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERWARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. HMH DOES NOT WARRANT OR MAKE CUSTOMER IS RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE STORED DATA. CUSTOMER’S USE OF THE SYSTEM CONTENT SERVICES IS AT CUSTOMER’S OWN RISK. THREAT X MAKES NO WARRANTY REGARDING RESULTS THAT MAY BE OBTAINED FROM CUSTOMER’S USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT THREAT X DOES NOT MAKE ANY GUARANTEE, WARRANTY OR OTHER ASSURANCE THAT CUSTOMER WILL NOT BE HACKED OR OTHERWISE SUBJECTED TO SECURITY THREATS. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN TERMS SECTION 7.2, THREAT X DOES NOT MAKE ANY WARRANTY OF ITS CORRECTNESSANY KIND, ACCURACYWHETHER EXPRESS, RELIABILITYIMPLIED, STATUTORY OR OTHERWISE, INCLUDINGAND THREAT X SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, BUT NOT LIMITED TOINCLUDING ANY COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, TO THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE MAXIMUM EXTENT PERMITTED BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESAPPLICABLE LAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENTSECTION 11.1, THE SERVICES SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND OTHER MEDIA ARE PROVIDED ON AN “AS IS” BASIS. PTC SPECIFICALLY DISCLAIMS AND NEITHER PARTY MAKES ANY WARRANTYEXCLUDES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATIONNON-INFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, DATA ACCURACY STATUTE, USAGE OF TRADE, COURSE OF DEALING OR NONINFRINGEMENT OF THIRD PARTY RIGHTS FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. PTC MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, MAINTENANCE SERVICES AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDERTHIRD PARTY SOFTWARE. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE USE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, PTC SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SYSTEM CONTENT IN TERMS SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT PTC’S PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS CORRECTNESSINTENDED RESULTS, ACCURACYAND FOR THE INSTALLATION, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN USE AND RESULTS OBTAINED FROM THE SYSTEM CONTENTSOFTWARE. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH PTC DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION SHALL BE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SERVICES WILL BE UNINTERRUPTEDWARRANTY PERIOD SET FORTH IN SECTION 11.1. MOREOVER, VIRUS-FREE IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR ERROR-FREE. FURTHEREMPLOYEE OF PTC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES EXTENSIONS OR ADDITIONS TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESTHIS LIMITED WARRANTY.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTEUA, THE SERVICES PURECLOUD SERVICE, EQUIPMENT, AND OTHER SERVICES, DELIVERABLES, PRODUCTS AND MATERIALS ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAWOR STATUTORY, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL INCLUDING THE IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, SYSTEM INTEGRATIONCOMPATIBILITY, DATA ACCURACY SECURITY, QUIET ENJOYMENT, TIMELINESS, COMPLETENESS, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ACCURACY. WITHOUT LIMITING THE SOFTWAREFOREGOING, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES WE DO NOT WARRANT THAT ACCESS TO OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, PURECLOUD SERVICE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OTHER SERVICES OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE MATERIALS PROVIDED BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES US WILL BE UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR ERROR-FREE. FURTHERIT IS YOUR RESPONSIBILITY TO SELECT THE SERVICE NECESSARY TO ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, HMH SO THE ABOVE EXCLUSION MAY USE THIRD PARTY SUPPLIERS NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESSHORTEST DURATION PERMITTED BY LAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH (a) THE CREDIT UNION CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN THIS AGREEMENTLOSS OF DATA, PERSONALIZATION SETTINGS OR OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO NON- PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE APPLICATION. (b) WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK, WHICH YOU UTILIZE TO ACCESS THE APPLICATION OR USE SERVICE. (c) YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR COMPUTING DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR TRANSMITTING INFORMATION. (d) THE SERVICES ARE AND APPLICATION PROVIDED “HEREUNDER IS PROVIDED "AS IS” AND NEITHER PARTY MAKES ANY WARRANTY," WITH ALL WARRANTIES DISCLAIMED, INCLUDING, ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR NONINFRINGEMENT ANY STATE THEREOF. THERE IS NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY RIGHTS FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENTSERVICES AND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. (e) THERE IS NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF SERVICES AND APPLICATION WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE TIMELY, SECURE, ERROR FREE, OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST THAT ANY DEFECTS IN THE PROVISION SERVICES AND APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF SERVICES TO CUSTOMER, THE SERVICE AND HMH SHALL APPLICATION ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR DAMAGES ANY DAMAGE TO CUSTOMER YOU OR YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM ACTIONS USE OF SUCH THIRD PARTIESTHE SERVICES AND LICENSED APPLICATION. (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (g) SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS THE COLLABORATION AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND STOCK PURCHASE AGREEMENT OR INVESTOR AGREEMENT, NEITHER PARTY MAKES ANY WARRANTYREPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, COLLABORATION PRODUCT, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THE COLLABORATION AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, ANY AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS ALL OF THE USE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE OR COMMERCIALIZATION OF ANY COLLABORATION PRODUCT PURSUANT TO THE COLLABORATION AGREEMENT SHALL BE SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO ANY COLLABORATION PRODUCT SHALL BE ACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREESECURITIES EXCHANGE ACT OF 1934. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.MASTER AGREEMENT

Warranty Disclaimer. (a) SUBJECT ONLY TO SELLERS’ REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH HEREIN OR IN ANY DOCUMENT EXECUTED BY SELLERS IN CONNECTION WITH THE CLOSING AND SUBJECT TO THE CONDITIONS, RIGHTS AND OBLIGATIONS SET FORTH HEREIN AND THEREIN, EACH BUYER EXPRESSLY ACKNOWLEDGES AND AGREES, AND REPRESENTS AND WARRANTS TO SELLERS, THAT SUCH BUYER HAS FULLY EXAMINED AND INSPECTED THE PURCHASED ASSETS PRIOR TO THE EXECUTION OF THIS AGREEMENT AND THAT SUCH BUYER IS FULLY CAPABLE OF EVALUATING AND HAS EVALUATED THE PURCHASED ASSETS’ SUITABILITY FOR SUCH BUYER’S INTENDED USE THEREOF, AND THAT SUCH BUYER IS PURCHASING THE PURCHASED ASSETS INCLUDING THE REAL PROPERTY (INDIRECTLY BY ACQUIRING NEWCO) AND THE PARCEL INTEREST WITH ALL DEFECTS IN THEIR “AS IS”, “WHERE IS” CONDITION AND WITH ALL FAULTS, WHETHER KNOWN, UNKNOWN, APPARENT OR LATENT. SUCH BUYER’S DECISION TO PURCHASE THE PURCHASED ASSETS INCLUDING THE REAL PROPERTY (INDIRECTLY BY ACQUIRING NEWCO) AND THE PARCEL INTEREST IS NOT BASED ON ANY COVENANT, WARRANTY, PROMISE, AGREEMENT, GUARANTY, OR REPRESENTATION BY SELLERS OR ANY OF SELLERS’ AFFILIATES OR REPRESENTATIVES AS TO CONDITION, PHYSICAL OR OTHERWISE, TITLE, LEASES, RENTS, REVENUES, INCOME, EXPENSES, OPERATION, ZONING OR OTHER REGULATION, COMPLIANCE WITH LAW, SUITABILITY FOR PARTICULAR PURPOSES OR ANY OTHER MATTER WHATSOEVER EXCEPT AS TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT, AGREEMENT OR IN ANY DOCUMENT EXECUTED BY SELLERS IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS IS” CLOSING AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED SUBJECT TO THE WARRANTY OF MERCHANTABILITYCONDITIONS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. FURTHER, HMH MAY USE THIRD PARTY SUPPLIERS OBLIGATIONS SET FORTH HEREIN AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIESTHEREIN.