Common use of Warranty Disclaimers Clause in Contracts

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. EXCEPT AS EXPLICITLY STATED IN THIS SONIFI LIMITED WARRANTY OR ELSEWHERE IN THE EVENT WE ASSIGN THIS SONIFI SORA AGREEMENT, OUR ASSIGNEE SONIFI DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS MAKE AND WE ARE NOT AN AGENT OF SUPPLIERSPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, COVENANTS, GUARANTEES AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESSTATUTORY, EXPRESS OR IMPLIED, OFWITH RESPECT TO THE HEADEND EQUIPMENT, IN-ROOM EQUIPMENT, LICENSED SOFTWARE, DOCUMENTATION AND TAKE ABSOLUTELY NO RESPONSIBILITY FORASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED REPRESENTATION, COVENANT, GUARANTEE OR WARRANTY: (A) OF CONDITION, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT; (B) ARISING BY USAGE OR TRADE PRACTICES, CONDITIONCOURSE OF DEALING OR COURSE OF PERFORMANCE; (C) THAT THE HEADEND EQUIPMENT, QUALITYTHE IN-ROOM EQUIPMENT, ADEQUACYTHE LICENSED SOFTWARE, TITLETHE DOCUMENTATION AND ASSOCIATED SERVICES WILL BE ERROR FREE, DATA ACCURACYUNINTERRUPTED, SYSTEM INTEGRATIONSECURE FROM THIRD PARTY ATTACK OR FREE OF VIRUSES, FUNCTIONBUGS, WORMS, TROJAN HORSES, MALWARE, CANCELBOTS OR OTHER MALICIOUS CODE; (D) THAT FUNCTIONS AND FEATURES CONTAINED IN THE HEADEND EQUIPMENT, THE IN-ROOM EQUIPMENT, THE DOCUMENTATION OR THE LICENSED SOFTWARE WILL MEET COMPANY’S OR ITS GUESTS’, EMPLOYEES’ AND INVITEES’ NEEDS, REQUIREMENTS OR EXPECTATIONS; AND (E) THAT THE HEADEND EQUIPMENT, THE IN-ROOM EQUIPMENT, THE LICENSED SOFTWARE, THE DOCUMENTATION AND ASSOCIATED SERVICES ARE FREE FROM DEFECTS, INFRINGEMENT FIT TO BE SOLD, WILL PERFORM IN A PARTICULAR MANNER OR SPEED OR TO A PARTICULAR STANDARD OR ANY OTHER ISSUE IN REGARD QUALITY OF SERVICE. IMPORTANT: DO NOT OPEN OR TAMPER WITH ANY OF THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT. OPENING OR TAMPERING WITH A COMPONENT OF THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT MAY CAUSE DAMAGE THAT IS NOT COVERED BY THE SONIFI LIMITED WARRANTY OR MAY CAUSE THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT TO THE EQUIPMENTSTOP FUNCTIONING. The specific limited warranties set forth in this SONIFI Limited Warranty do not apply to damage or failure to Covered Equipment or inability to perform resulting from Company’s failure (i) to comply with the SONIFI SORA Agreement (including the SOW and the Service Terms) and the SONIFI STAYCAST Agreement (if applicable) or (ii) to follow Documentation or oral or written instructions from SONIFI personnel or the applicable hardware manufacturer, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMShardware supplier, software developer or software publisher pertaining to the Headend Equipment, In-Room Equipment, Licensed Software and/or Updates. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTUnless otherwise expressly stated in the SORA Agreement or the STAYCAST Agreement (if applicable), WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USthis SONIFI Limited Warranty sets forth Company’s sole and exclusive remedies in the event of a breach of warranty herein during the applicable Limited Warranty Period.

Warranty Disclaimers. WE ANY WARRANTIES HEREUNDER ARE LEASING THE EQUIPMENT VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTREPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY HEXAGON OF ANY SUSPECTED DEFECTS IN THE EVENT WE ASSIGN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR TO THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ITS SUPPLIERS DISCLAIM ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OFRELATING TO THE SERVICES, COVERED PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORUPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONAND NON-INFRINGEMENT. HEXAGON DOES NOT WARRANT THAT ANY SERVICES, QUALITYCOVERED PRODUCTS, ADEQUACYAND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS, TITLEAND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SERVICES, DATA ACCURACYCOVERED PRODUCTS, SYSTEM INTEGRATIONAND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, FUNCTION, DEFECTS, INFRINGEMENT THEN HEXAGON DISCLAIMS EXPRESS OR ANY OTHER ISSUE IN REGARD IMPLIED WARRANTIES TO THE EQUIPMENTMAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. HEXAGON MAY SHARE INFORMATION FROM TIME TO TIME RELATED TO ITS EXPECTED DIRECTION, ROADMAP, OR VISION FOR ITS PRODUCTS AND SERVICES, ALL OF WHICH IS SUBJECT TO CHANGE AT ANY ASSOCIATED SOFTWARE TIME IN HEXAGON’S SOLE DISCRETION. CUSTOMER SHOULD NOT RELY UPON STATEMENTS, PRESENTATIONS, OR INFORMATION REGARDING FUTURE FEATURES, FUNCTIONS, OR PRODUCTS FOR ANY PURPOSE IN ABSENCE OF HEXAGON’S FORMAL AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN EXPRESS CONTRACTUAL COMMITMENT TO YOU ANY WARRANTIES IN DELIVER THE EQUIPMENT GIVEN TO USSAME.

Warranty Disclaimers. WE ANY WARRANTIES HEREUNDER ARE LEASING THE EQUIPMENT VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTREPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY INTERGRAPH OF ANY SUSPECTED DEFECTS IN THE EVENT WE ASSIGN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR TO THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ITS SUPPLIERS DISCLAIM ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OFRELATING TO THE SERVICES, COVERED PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORUPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONAND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SERVICES, QUALITYCOVERED PRODUCTS, ADEQUACYAND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS, TITLEAND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SERVICES, DATA ACCURACYCOVERED PRODUCTS, SYSTEM INTEGRATIONAND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, FUNCTION, DEFECTS, INFRINGEMENT THEN INTERGRAPH DISCLAIMS EXPRESS OR ANY OTHER ISSUE IN REGARD IMPLIED WARRANTIES TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USMAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Warranty Disclaimers. WE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH ABOVE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER YOUR EXCLUSIVE WARRANTIES AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. ARE IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE LIEU OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, OFINCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TAKE ABSOLUTELY NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SOFTWARE, CONTENT UPDATES, UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE SOFTWARE OR MAINTENANCE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. NOTWITHSTANDING ANY OTHER TERM IN THIS LICENSE AGREEMENT, SYMANTEC MAKES NO REPRESENTATIONS NOR ASSUMES ANY OBLIGATIONS REGARDING, ARISING FROM OR RELATED TO THE LEGALITY OF MONITORING, INSPECTION, DECRYPTION AND/OR RE-ENCRYPTION OF CUSTOMER CONTENT IN ANY PARTICULAR JURISDICTION, AND YOU SHALL BE SOLELY RESPONSIBLE, AND SYMANTEC SHALL HAVE NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT DETERMINING THAT YOUR PROPOSED OR ANY OTHER ISSUE IN REGARD TO ACTUAL USE OF THE EQUIPMENT, ANY ASSOCIATED SOFTWARE COMPLIES WITH APPLICABLE LAWS. YOU ACKNOWLEDGE AND ANY FINANCED ITEMS. SO LONG AS AGREE THAT YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTSOLELY RESPONSIBLE FOR SELECTING CONFIGURATIONS, WE ASSIGN TO YOU ANY WARRANTIES POLICIES AND PROCEDURES IN THE EQUIPMENT GIVEN SOFTWARE THAT ARE CONFIGURABLE INCLUDING, WITHOUT LIMITATION, THE SELECTION OF FILTERED CATEGORIES AND WEB APPLICATION CONTROLS, AND FOR ASSURING THAT THE SELECTION (A) CONFORMS TO USYOUR POLICIES AND PROCEDURES AND (B) COMPLIES WITH ALL APPLICABLE LAWS.

Warranty Disclaimers. WE ALL WARRANTIES PROVIDED PURSUANT TO THIS XXXX ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY VOID IF FAILURE OF A SERVICE PROVIDER WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED USE OR MISUSE OF 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 PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN THIS XXXX, TO US UNDER THIS AGREEMENT. WE MAKE NO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OFRELATING TO THE SOFTWARE PRODUCT, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORINCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONHIGH RISK USE AND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, QUALITYAND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT THEN INTERGRAPH DISCLAIMS EXPRESS OR ANY OTHER ISSUE IN REGARD IMPLIED WARRANTIES TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSMAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. SO LONG AS YOU ARE NOT IN DEFAULT UNDER IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, WE ASSIGN THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USMINIMUM EXTENT REQUIRED BY SAID LAW.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND THE EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENTJUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES DO NOT TAKE RESPONSIBILITIES RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. THE SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF THE SUPPLIER, AND NOTHING THE SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDEROBLIGATION UNDER THIS AGREEMENT. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING RENTING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE T HE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE LEASING THE EQUIPMENT TO YOU PROVIDED “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER”, AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. YOU WILL MAKE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THIS SITE OR PRODUCTS, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORSERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, CONDITIONITS PRODUCTS, QUALITYSERVICES, ADEQUACYAND/OR CONTENT: (A) WILL BE SECURE, TITLETIMELY, DATA ACCURACYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE THE ABOVE LIMITATIONS MAY NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN APPLY TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USYOU.

Warranty Disclaimers. WE ARE LEASING UNLESS OTHERWISE EXPRESSLY STATED IN THIS SONIFI LIMITED WARRANTY, THE LICENSED SOFTWARE TERMS, OR THE AGREEMENT, SONIFI IS NOT RESPONSIBLE FOR ANY DEFECTS, BUGS, ERRORS, DEFICIENCIES OR VULNERABILITIES IN LICENSED SOFTWARE INSTALLED ON, EMBEDDED INTO, INCORPORATED WITHIN OR USED IN CONNECTION WITH HEADEND EQUIPMENT AND IN-ROOM EQUIPMENT, AND SONIFI DOES NOT PROVIDE AND HEREBY DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY WITH RESPECT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER SUCH LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTNON- INFRINGEMENT. EXCEPT AS EXPLICITLY STATED IN THIS SONIFI LIMITED WARRANTY OR ELSEWHERE IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE SONIFI DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS MAKE AND WE ARE NOT AN AGENT OF SUPPLIERSPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, COVENANTS, GUARANTEES AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESSTATUTORY, EXPRESS OR IMPLIED, OFWITH RESPECT TO THE HEADEND EQUIPMENT, IN-ROOM EQUIPMENT, LICENSED SOFTWARE, DOCUMENTATION AND TAKE ABSOLUTELY NO RESPONSIBILITY FORASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED REPRESENTATION, COVENANT, GUARANTEE OR WARRANTY: (A) OF CONDITION, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT; (B) ARISING BY USAGE OR TRADE PRACTICES, CONDITIONCOURSE OF DEALING OR COURSE OF PERFORMANCE; (C) THAT THE HEADEND EQUIPMENT, QUALITYTHE IN-ROOM EQUIPMENT, ADEQUACYTHE LICENSED SOFTWARE, TITLETHE DOCUMENTATION AND ASSOCIATED SERVICES WILL BE ERROR FREE, DATA ACCURACYUNINTERRUPTED, SYSTEM INTEGRATIONSECURE FROM THIRD PARTY ATTACK OR FREE OF VIRUSES, FUNCTIONBUGS, WORMS, TROJAN HORSES, MALWARE, CANCELBOTS OR OTHER MALICIOUS CODE; (D) THAT FUNCTIONS AND FEATURES CONTAINED IN THE HEADEND EQUIPMENT, THE IN-ROOM EQUIPMENT, THE DOCUMENTATION OR THE LICENSED SOFTWARE WILL MEET COMPANY’S OR ITS GUESTS’, EMPLOYEES’ AND INVITEES’ NEEDS, REQUIREMENTS OR EXPECTATIONS; AND (E) THAT THE HEADEND EQUIPMENT, THE IN-ROOM EQUIPMENT, THE LICENSED SOFTWARE, THE DOCUMENTATION AND ASSOCIATED SERVICES ARE FREE FROM DEFECTS, INFRINGEMENT FIT TO BE SOLD, WILL PERFORM IN A PARTICULAR MANNER OR SPEED OR TO A PARTICULAR STANDARD OR ANY OTHER ISSUE IN REGARD QUALITY OF SERVICE. IMPORTANT: DO NOT OPEN OR TAMPER WITH ANY OF THE HEADEND EQUIPMENT OR IN- ROOM EQUIPMENT. OPENING OR TAMPERING WITH A COMPONENT OF THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT MAY CAUSE DAMAGE THAT IS NOT COVERED BY THE SONIFI LIMITED WARRANTY OR MAY CAUSE THE HEADEND EQUIPMENT OR IN-ROOM EQUIPMENT TO THE EQUIPMENTSTOP FUNCTIONING. The specific limited warranties set forth in this SONIFI Limited Warranty do not apply to damage or failure to Equipment or Licensed Software or inability to perform resulting from Company’s failure (i) to comply with the Agreement (including the SOW, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSthe Licensed Software Terms and the Service Terms) or (ii) to follow Documentation or oral or written instructions from SONIFI personnel or the applicable hardware manufacturer, hardware supplier, software developer or software publisher pertaining to the Headend Equipment, In-Room Equipment, Licensed Software and/or Updates. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTUnless otherwise expressly stated in the Agreement, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USthis SONIFI Limited Warranty sets forth Company’s sole and exclusive remedies in the event of a breach of warranty herein during the Limited Warranty Period.

Warranty Disclaimers. WE EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, THE SYSTEM, ITS INTERFACES, ANY RELATED EQUIPMENT, THE SERVICES AND ANY MATERIALS ARE LEASING THE EQUIPMENT TO YOU PROVIDED “ASAS IS”. PREFECT AND ANY THIRD-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENTPARTY PROVIDERS SPECIFICALLY DISCLAIM, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIERWITHOUT LIMITATION, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, OFINCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, NON-INFRINGEMENT OR ANY OTHER ISSUE IN REGARD THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PREFECT MAKES NO REPRESENTATION OR WARRANTY (I) AS TO THE EQUIPMENTSYSTEM OR THE SERVICES; (II) AS TO THE RESULTS TO BE ATTAINED BY CLIENT OR ANY THIRD PARTY FROM THE SERVICES OR FROM ACCESS TO OR USE OF THE SYSTEM; (III) AS TO THE LIFE OF ANY URL USED IN THE SYSTEM; (IV) THAT ACCESS TO THE HOSTING SITE OR THE SERVICES WILL BE UNINTERRUPTED, ANY ASSOCIATED SECURE, COMPLETE, ACCURATE OR ERROR-FREE; OR (V) THAT ALL USES THAT CAN BE MADE OF THE SYSTEM OR SERVICES COMPLY WITH APPLICABLE LAW. CLIENT ACKNOWLEDGES THAT CERTAIN SOFTWARE AND ANY FINANCED ITEMSEQUIPMENT USED BY IT MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OF THE SYSTEM. SO LONG AS YOU ARE THE FOREGOING SHALL NOT IN DEFAULT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER SECTION 5 OF THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING YOU AGREE THAT USE OF THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER SERVICES, THE XXXX.XX PLATFORM AND THE EQUIPMENT BASED UPON WEBSITE IS ENTIRELY AT YOUR OWN JUDGMENTRISK. IN THE EVENT WE ASSIGN THIS AGREEMENTSERVICES, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION XXXX.XX PLATFORM, THE WEBSITE AND THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER“AS AVAILABLE” BASIS, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WITHOUT ANY WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, KIND. ALL EXPRESS AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, OFWITHOUT LIMITATION, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONNON-INFRINGEMENT OF PROPRIETARY RIGHTS, QUALITYAND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ADEQUACYXXXX.XX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ACCESSED THROUGH OR ADVERTISED ON THE WEBSITE, TITLETHE XXXX.XX PLATFORM OR SERVICES, DATA ACCURACYOR ACCESSED THROUGH ANY LINKS THEREFROM. XXXX.XX DOES NOT GUARANTEE OR ASSUME ANY RESPONSIBILITY OR LIABILITY THAT THE SERVICES, SYSTEM INTEGRATIONTHE XXXX.XX PLATFORM AND THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, FUNCTIONDELAY OR ERRORS. XXXX.XX DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. A number of factors may impact the quality of your communications and use of the Services, DEFECTSthe Website and the Xxxx.xx Platform and may result in the failure of your communications including, INFRINGEMENT without limitation, for example, your use of Shippers or other third party software, your local network, firewall, your internet service provider, the public internet and your power supply. XXXX.XX TAKES NO RESPONSIBILITY FOR ANY DISRUPTION, INTERRUPTION OR DELAY CAUSED BY ANY FAILURE OF OR INADEQUACY IN ANY OF THESE ITEMS OR ANY OTHER ISSUE IN ITEMS OVER WHICH WE HAVE NO CONTROL. YOU FURTHER ACKNOWLEDGE THAT XXXX.XX IS NOT RESPONSIBLE AND HAS NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANYONE OTHER THAN XXXX.XX. YOU ACKNOWLEDGE THAT THE SERVICES AND DATA ARE HOSTED ON A THIRD PARTY HOSTING FACILITY, AND THAT XXXX.XX SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION TO THE SERVICES OR LOSS OF DATA WHICH IS CAUSED BY SUCH THIRD PARTY HOSTING FACILITY. XXXX.XX MAY CHANGE THE THIRD PARTY HOSTING PROVIDER OR ITS LOCATION, FROM TIME TO TIME, AT ITS SOLE DISCRETION. YOU FURTHER ACKNOWLEDGE THAT XXXX.XX IS NOT A BACKUP OR STORAGE SERVICE, AND THAT XXXX.XX SHALL HAVE NO LIABILITY TOWARDS YOU WITH REGARD TO ANY LOSS OR DESTRUCTION OF USER DATA DURING THE EQUIPMENTRETENTION PERIOD. YOU ACKNOWLEDGE THAT XXXX.XX DOES NOT WARRANT OR GUARANTY THE SECURITY OF THE WEBSITE, THE XXXX.XX PLATFORM OR OF COMMUNICATIONS MADE USING THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM XXXX.XX OR THROUGH THE WEBSITE AND/OR THE XXXX.XX PLATFORM WILL CREATE ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSWARRANTY NOT EXPRESSLY MADE HEREIN. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTYou are solely responsible for all of your communications and interactions with other Users of the Xxxx.xx Platform and with other persons with whom you communicate or interact as a result of your use of the Xxxx.xx Platform. For example, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USUsers may participate in a user-to-user forum. You understand that Xxxx.xx does not screen or inquire into the background of any users of the Xxxx.xx Platform, nor does Xxxx.xx make any attempt to verify the statements of Users. Xxxx.xx makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users of the Xxxx.xx Platform. You should not provide your financial information (e.g. your credit card or bank account information) to other Users.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENTEXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS NEITHER PARTY MAKES ANY WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND, LICENSOR OR MANUFACTURERWHETHER EXPRESS, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OFSTATUTORY OR OTHERWISE (IN FACT OR BY OPERATION OF LAW), REGARDING THE SERVICES, PROFESSIONAL SERVICES, OR ANY MATTER WHATSOEVER; AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR(B) STANDARDS DIGITAL AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES OR ANY PROFESSIONAL SERVICES ARE OR WILL BE ERROR-FREE, MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULTS, OR BE TIMELY OR SECURE. STANDARDS DIGITAL AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, PURPOSE AND NON-INFRINGEMENT OR ANY OTHER ISSUE IN REGARD WITH RESPECT TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE SERVICES AND ANY FINANCED ITEMSPROFESSIONAL SERVICES, AND CUSTOMER HAS NO RIGHT TO MAKE OR PASS ON TO ANY THIRD PARTY ANY REPRESENTATION OR WARRANTY BY STANDARDS DIGITAL. SO LONG AS YOU THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET OR ELECTRONIC COMMUNICATIONS. STANDARDS DIGITAL IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE, LOSS OR LIABILITY RESULTING FROM SUCH PROBLEMS NOT CAUSED BY STANDARDS DIGITAL. CUSTOMER AGREES THAT ITS SUBSCRIPTION TO THE SERVICES AND FEES DUE OR PAID UNDER THIS AGREEMENT ARE NOT NEITHER CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, NOR BASED ON ANY ORAL OR WRITTEN COMMENTS REGARDING ANY FUTURE FUNCTIONALITY OR FEATURES. MORE GENERALLY, IN DEFAULT UNDER ENTERING INTO THIS AGREEMENT, WE ASSIGN TO YOU NEITHER PARTY IS RELYING ON ANY WARRANTIES OTHER COMMITMENTS, STATEMENTS OR OTHER MATTERS NOT EXPRESSLY ADDRESSED IN THE EQUIPMENT GIVEN TO USTHIS AGREEMENT, AN ORDER FORM OR AN SOW.

Warranty Disclaimers. WE ARE LEASING EXCEPT FOR THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER LIMITED WARRANTIES SET FORTH IN THIS LIMITED WARRANTY SECTION, CYBERBIT PROVIDES THE PRODUCT, THE COTS AND THE EQUIPMENT BASED UPON PROFESSIONAL SERVICES “AS IS”, AND YOUR USE OF THE PRODUCT IS AT YOUR OWN JUDGMENTRISK. IN CYBERBIT, ITS LICENSORS AND AFFILIATES HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR PRODUCT AND/OR THE INSTALLATION SERVICES AND/OR PERFORMANCE ANY RELATED DOCUMENTATION AND/OR LICENSES AND/OR COTS AND/OR ANY RESULTS FROM THE USE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT PRODUCT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONPERFORMANCE OF THE PRODUCT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND TITLE, SATISFACTORY QUALITY, ADEQUACYSUITABILITY, TITLEACCURACY OR COMPLETENESS. CYBERBIT MAKES NO WARRANTY REGARDING NON-INTERRUPTION OF USE, DATA ACCURACYFREEDOM FROM BUGS OR VIRUSES OR ERRORS IN CODE, SYSTEM INTEGRATIONNON-INTRUSION DUE TO HACKING OR OTHER SIMILAR MEANS OF UNAUTHORIZED ACCESS, FUNCTIONUNINTERRUPTED OR ERROR-FREE OPERATION OF THE PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT MAY NOT REFLECT REAL-WORLD SITUATIONS, DEFECTSAND ITS USE THEREOF SHALL NOT BE RELIED UPON AS ADVICE OR EVIDENCE FOR REAL-WORLD SITUATIONS. THE FOREGOING ARE ESSENTIAL TERMS OF THIS AGREEMENT AND, INFRINGEMENT IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO CYBERBIT, ITS AFFILIATES, LICENSORS AND SUPPLIERS, FOR ANY OTHER ISSUE REASON, THEN THE LICENSE AND ALL RIGHTS TO ACCESS OR USE THE PRODUCT SHALL TERMINATE IMMEDIATELY. CYBERBIT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF WHATEVER NATURE SUFFERED BY YOU AND ARISING OUT OF, OR IN REGARD TO THE EQUIPMENTCONNECTION WITH, ANY ASSOCIATED SOFTWARE AND ACT, OMISSION, MISREPRESENTATION OR ERROR MADE BY YOU OR ON YOUR BEHALF OR ARISING FROM ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USCAUSE BEYOND CYBERBIT’S CONTROL.

Warranty Disclaimers. WE ALL WARRANTIES PROVIDED PURSUANT TO THIS XXXX ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY VOID IF FAILURE OF A SERVICE PROVIDER WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED USE OR MISUSE OF 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 PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN THIS XXXX, TO US UNDER THIS AGREEMENT. WE MAKE NO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OFRELATING TO THE SOFTWARE PRODUCT, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORINCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONHIGH RISK USE AND NON-INFRINGEMENT. HEXAGON DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, QUALITYAND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT THEN HEXAGON DISCLAIMS EXPRESS OR ANY OTHER ISSUE IN REGARD IMPLIED WARRANTIES TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMSMAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. SO LONG AS YOU ARE NOT IN DEFAULT UNDER IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, WE ASSIGN THEN HEXAGON WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USMINIMUM EXTENT REQUIRED BY SAID LAW.

Warranty Disclaimers. WE EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE WEB SERVICES ARE LEASING THE EQUIPMENT TO YOU “PROVIDED "AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER", AND NOTHING SUPPLIER STATES NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERWARRANTY WITH RESPECT TO SUCH THE WEB SERVICES. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A THE SERVICE PROVIDER AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OFRELATING TO THE WEB SERVICES, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON- INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SERVICE PROVIDERS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE WEB SERVICES: (A) WILL BE SECURE, CONDITIONTIMELY, QUALITYUNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, ADEQUACY, TITLE, DATA ACCURACYSOFTWARE, SYSTEM INTEGRATIONOR DATA, FUNCTION(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, DEFECTSOR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INFRINGEMENT OR THEN ANY OTHER ISSUE IMPLIED WARRANTIES ARE LIMITED IN REGARD DURATION TO THE EQUIPMENTPERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, CUSTOMERACKNOWLEDGES AND AGREES THAT RESULTS HAS NO CONTROL OVER THE INTERNET, AND THAT RESULTS IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN PORTION OF THE EQUIPMENT GIVEN TO USINTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. WE ARE LEASING OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 7, NEITHER COMPANY NOR ITS DISTRIBUTORS MAKES ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO CLIENT OR ANY OTHER PARTY WITH RESPECT TO THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND SOFTWARE, THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN USER MATERIAL, OR ANY SERVICES OR WORKS OF AUTHORSHIP PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, OUR ASSIGNEE DOES WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OF CONDITION OR MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE ALL EXPRESSLY EXCLUDED AND DISCLAIMED. NEITHER COMPANY NOR ITS DISTRIBUTORS PROVIDE ANY WARRANTY REGARDING ANY THIRD PARTY SOFTWARE AND/OR HARDWARE NOT TAKE RESPONSIBILITIES MANUFACTURED BY COMPANY. FURTHERMORE, CLIENT AGREES THAT, EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER COMPANY NOR ITS DISTRIBUTORS WILL BE RESPONSIBLE FOR THE INSTALLATION ANY THIRD PARTY SOFTWARE, THIRD PARTY SERVICES AND/OR PERFORMANCE HARDWARE IT PROVIDES TO CLIENT. IF ANY PROBLEM, OPERATIONAL FAILURE OR ERROR OF THE EQUIPMENTSOFTWARE HAS RESULTED FROM ANY ALTERATION OF THE SOFTWARE, ACCIDENT, ABUSE OR MISAPPLICATION, THEN, AT COMPANY’S SOLE OPTION, ANY WARRANTY MADE SHALL BE NULL AND VOID. SUPPLIER IS CLIENT ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND SERVICES MAY NOT AN AGENT OF OURS BE RELIED UPON TO PERFORM MEDICAL DIAGNOSTIC FUNCTIONS OR TO SET TREATMENT PROCEDURES. WHEN USING THE SOFTWARE, DOCUMENTATION, SUPPORT AND WE SERVICES, CLIENT AND ITS AUTHORIZED USERS (E.G. EMPLOYEES) ARE NOT AN AGENT OF SUPPLIERSOLELY RESPONSIBLE FOR EXERCISING DUE CARE AND USING THEIR INDEPENDENT PROFESSIONAL JUDGMENT WITH REGARD TO PATIENT EXAMINATION, DIAGNOSIS AND NOTHING SUPPLIER STATES TREATMENT. NEITHER COMPANY NOR ITS DISTRIBUTORS ASSUME ANY RESPONSIBILITY FOR CLIENT’S ACTIONS WHICH MAY RESULT IN ANY LIABILITY OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERDAMAGES DUE TO MALPRACTICE, LICENSOR OR MANUFACTURERFAILURE TO WARN, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT NEGLIGENCE OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USBASIS.

Warranty Disclaimers. WE ARE LEASING EACH OF LESSOR, EACH CERTIFICATE HOLDER, EACH LENDER, THE ADMINISTRATIVE AGENT AND THE COLLATERAL AGENT AS APPLICABLE DEMISE, LEASE AND FINANCE THE ITEMS OF EQUIPMENT TO YOU “HEREUNDER AS-IS.” YOU HAVE SELECTED SUPPLIER IS AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. WHERE-IS WITH ALL FAULTS IF ANY AND IN THE EVENT WE ASSIGN THIS AGREEMENTWHATEVER CONDITION THEY MAY BE IN AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, OFAS TO THE DESIGN, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORCONDITION, QUALITY, CAPACITY, MERCHANTABILITY, DURABILITY, SUITABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR QUALIFICATION FOR ANY PARTICULAR TRADE OR ANY OTHER ISSUE MATTER CONCERNING, THE ITEMS OF EQUIPMENT. LESSEE HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN REGARD TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST LESSOR, ANY CERTIFICATE HOLDER, ANY LENDER, THE TRUST COMPANY, THE ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO THE EQUIPMENTEXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BY LESSEE'S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER. LESSOR HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST ANY CERTIFICATE HOLDER, ANY ASSOCIATED SOFTWARE AND LENDER, THE TRUST COMPANY, THE ADMINISTRATIVE AGENT OR COLLATERAL AGENT FOR ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTLOSS, WE ASSIGN DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE) OR EXPENSE CAUSED BY ANY ITEM OF EQUIPMENT EXCEPT TO YOU THE EXTENT CAUSED BY SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BY LESSOR'S LOSS OF USE THEREOF FOR ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USREASON WHATSOEVER.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU ALL COGNEX SOFTWARE IS PROVIDED “AS-AS IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTWITH ALL FAULTS. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS COGNEX AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE ITS LICENSORS MAKE NO WARRANTIES WITH RESPECT TO ANY COGNEX SOFTWARE AND DISCLAIM ALL EXPRESS, STATUTORY OR IMPLIED WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, INCLUDING WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONRELIABILITY, QUALITYAVAILABILITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT COMPLETENESS OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE LACK OF VIRUSES; WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; AND ANY FINANCED ITEMSWARRANTY OF NON-INFRINGEMENT. SO LONG COGNEX DOES NOT WARRANT THAT THE COGNEX SOFTWARE WILL MEET ANY REQUIREMENTS OR THAT THE OPERATION OF COGNEX SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT LIMITING THE FOREGOING, COGNEX MAKES NO WARRANTY OF ANY KIND THAT THE COGNEX SOFTWARE, OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE'S OR OTHER PERSONS' REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER THIRD-PARTY SERVICES, OR BE SECURE, FREE OF HARMFUL CODE OR ERROR FREE. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD- PARTY MATERIALS ARE PROVIDED "AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU IS" AND ANY WARRANTIES IN REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN LICENSEE AND THE EQUIPMENT GIVEN TO USTHIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH OPEN SOURCE COMPONENTS AND THIRD-PARTY MATERIALS.

Warranty Disclaimers. WE ARE LEASING TO THE EQUIPMENT TO YOU MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE (of the APP and in the Nerivio Device) IS PROVIDED ON AN “AS-AS IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIERKIND INCLUDING, LICENSOR OR MANUFACTURERWITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND ANY FAILURE CONDITIONS OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACYNON-INFRINGEMENT, SYSTEM INTEGRATIONAND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, FUNCTIONTHAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the SOFTWARE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD-PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, DEFECTSTRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. IF YOU HAVE A DISPUTE WITH ANY OTHER Theranica's Services or Product USER, INFRINGEMENT YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT, SUCH EXCLUSIONS MAY NOT APPLY. MEDICAL DISCLAIMER. THERANICA IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSYS, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH AND FOR DISCUSSING YOUR SYMPTOMS WITH A SUITABLE DOCTOR. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY. YOU SHOULD NEVER DELAY SEEKING PROFESSIONAL MEDICAL ADVICE, DISREGARD MEDICAL ADVICE OR DISCONTINUE MEDICAL TREATMENT BECAUSE OF INFORMATION ON THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR YOU EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. THERANICA IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR ANY OTHER ISSUE IN REGARD DAMAGES THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY USE OR MISUSE OF THE APP OR NERIVIO DEVICE. NERIVIO DEVICE IS A PRESCRIPTION DEVICE. USE THE NERIVIO DEVICE AND THIS APP ONLY IF YOU HAVE A VALID PRESCRIPTION AND AFTER CONSULTING WITH YOUR HEALTH CARE PROFESSIONAL. Limitation of Liability. TO THE EQUIPMENTMAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THERANICA BE LIABLE FOR ANY ASSOCIATED SOFTWARE AND SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN DEFAULT UNDER CONNECTION WITH THIS AGREEMENT, WE ASSIGN OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP OR NERIVIO DEVICE EVEN IF THERANICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH IN ANY EVENT AND WHERE PERMITTED BY LAW, THERANICA’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP OR NERIVIO DEVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU ANY WARRANTIES IN TO THERANICA FOR USING THE EQUIPMENT GIVEN TO USAPP OR NERIVIO DEVICE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM. You agree to defend, indemnify and hold harmless Theranica and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App or Nerivio Device; (ii) your violation of this Agreement; and (iii) your violation of any Third-Party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES EXCEPT FOR THE INSTALLATION LIMITED WARRANTY PROVIDED ABOVE, NEITHER IDTPLANS NOR ANY OF ITS SUPPLIERS OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS RESELLERS MAKES ANY WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESKIND, EXPRESS OR IMPLIED, OFAND IDTPLANS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORNON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTIONAND DATA ACCURACY. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, DEFECTSSO THE ABOVE LIMITATION MAY NOT APPLY. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE SERVICE, INFRINGEMENT OR AND THAT CUSTOMER HAS NOT RELIED ON ANY OTHER ISSUE REPRESENTATION NOT EXPRESSLY SET OUT IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT. IDTPLANS DOES NOT WARRANT THAT THE SERVICE OR SITE WILL MEET CUSTOMER'S REQUIREMENTS, WE ASSIGN TO YOU ANY WARRANTIES THAT THE SERVICE OR SITE WILL OPERATE IN THE EQUIPMENT GIVEN TO USCOMBINATIONS WHICH CUSTOMER MAY SELECT FOR USE, OR THAT THE OPERATION OF THE SERVICES OR SITE WILL BE UNINTERRUPTED, OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR 100% SECURE. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT THAT IDTPLANS HAS NO CONTROL OVER THE INTERNET, AND THAT IDTPLANS IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “"AS-IS.” ' YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN Af\l AGENT OF OURS AND WE ARE NOT AN Af\l AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE HEREBY ASSUME ALL RISK OF USE OF THE EQUIPMENTBLOBFISH SERVICE BY YOU. SUPPLIER THE SERVICE IS NOT PROVIDED ON AN AGENT OF OURS "AS IS" AND/OR "AS AVAILABLE" BASIS. BLOBFISH AND WE ARE NOT AN AGENT OF SUPPLIEROUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE LICENSORS EXPRESSLY DISCLAIM ANY AND ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS KIND WHETHER EXPRESSED OR IMPLIED, OFINCLUDING, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORBUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLOBFISH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTIES THAT (i) THE SERVICE OR ANY PARTICULAR PURPOSEACTIVITIES AVAILABLE FOR REGISTRATION THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, CONDITIONTIMELY, QUALITYSECURE OR ERROR-FREE; OR (iii) THAT ANY ERRORS ON THE SERVICE SHALL BE CORRECTED. YOU UNDERSTAND THAT BLOBFISH DOES NOT SCREEN, ADEQUACYSPONSOR, TITLEENDORSE, APPROVE, QUALIFY OR MONITOR THE ACTIVITY PROVIDERS OR THEIR ACTIVITIES. PRIOR TO REGISTERING FOR ANY ACTIVITY YOU ARE ENCOURAGED TO PERFORM YOUR OWN DUE DILIGENCE ON ANY ACTIVITY PROVIDER AND THE ACTIVITIES IN WHICH YOU ARE INTERESTED TO DETERMINE THE SUITABILITY, SAFETY, SECURITY AND QUALITY OF ANY ACTIVITY OR ACTIVITY PROVIDER. BLOBFISH DOES NOT CONTROL ANY OF THE ACTIVITIES OR ACTIVITY PROVIDERS AND IN NO EVENT WILL BLOBFISH BE LIABLE FOR ANY ACTIVITIES, SERVICES OR ACTIONS OF AN ACTIVITY PROVIDER. YOU MAY REPORT ANY NEGATIVE EXPERIENCE OR FEEDBACK REGARDING AN ACTIVITY PROVIDER OR ACTIVITY TO US; PROVIDED, HOWEVER THAT BLOBFISH RESERVES THE RIGHT TO INVESTIGATE OR TAKE ANY ACTION OR TO NOT INVESTIGATE OR TAKE ACTION WITH RESPECT THERETO IN ITS SOLE DISCRETION. LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BLOBFISH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU UNDER THIS AGREEMENT OR IN ANY WAY RELATED TO THE SERVICE OR THE ACTIVITIES FOR WHICH YOU MAY REGISTER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA ACCURACYAND/OR OTHER INTANGIBLE LOSSES, SYSTEM INTEGRATIONEVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY USER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT EXCEED $50.00. You acknowledge, FUNCTIONunderstand and agree that regardless of any statute or law to the contrary, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USany claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-PRODUCT IS PROVIDED ON AN "AS IS.” YOU HAVE SELECTED SUPPLIER " BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND. USE OF THE EQUIPMENT BASED UPON PRODUCT IS AT YOUR OWN JUDGMENTRISK. INSTALLATION OF THE SOFTWARE MAY AFFECT THIRD PARTY SOFTWARE. SUBJECT ONLY TO THE PROVISIONS OF SECTION 12 BELOW, BURLINGTON ENGLISH SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE USE OF THE PRODUCT. BURLINGTON ENGLISH DOES NOT TAKE RESPONSIBILITIES FOR WARRANT THAT THE INSTALLATION PRODUCT IS ERROR-FREE OR PERFORMANCE OF THE EQUIPMENTFAULT-TOLERANT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE BURLINGTON ENGLISH DISCLAIMS ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EITHER EXPRESS OR IMPLIED, OFWHETHER BY STATUTE, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORCOMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITIONPERFORMANCE, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATIONRELIABILITY, FUNCTIONNON-INFRINGEMENT OF THIRD PARTY RIGHTS, DEFECTSINTEGRATION AND SECURITY. BURLINGTON ENGLISH DOES NOT MAKE, INFRINGEMENT AND THIS AGREEMENT DOES NOT PASS TO YOU IN ANY WAY, ANY REPRESENTATION, WARRANTY OR UNDERTAKING ON BEHALF OF BURLINGTON ENGLISH, ITS SUPPLIERS OR LICENSORS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION IS TO STOP USING THE PRODUCT. WITHOUT DEROGATING FROM THE FOREGOING, BURLINGTON ENGLISH IS NOT, NOR SHALL BE, OBLIGED TO PROVIDE YOU WITH ANY SUPPORT, MAINTENANCE AND/OR OTHER ISSUE IN REGARD SERVICES WITH RESPECT TO THE EQUIPMENTPRODUCT, ANY ASSOCIATED SOFTWARE UNLESS OTHERWISE AGREED BETWEEN YOU AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT BURLINGTON ENGLISH IN DEFAULT WRITING UNDER THIS A SEPARATE, DULY EXECUTED SUPPORT AND MAINTENANCE AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE LICENSED PROPERTY IS PROVIDED TO LICENSEE, AND THE LICENSEE DEVELOPMENTS ARE LEASING THE EQUIPMENT PROVIDED TO YOU “LICENSOR, AS-IS.” YOU HAVE SELECTED SUPPLIER AND . EXCEPT AS EXPRESSLY SET FORTH HEREIN, LICENSOR MAKES NO WARRANTIES TO LICENSEE OR TO ANY OTHER PARTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTLICENSED PROPERTY, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. IN EXCEPT AS EXPRESSLY SET FORTH HEREIN, LICENSEE MAKES NO WARRANTIES TO LICENSOR OR TO ANY OTHER PARTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EVENT WE ASSIGN THIS AGREEMENTLICENSEE DEVELOPMENTS, OUR ASSIGNEE WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. LICENSOR DOES NOT TAKE RESPONSIBILITIES FOR WARRANT THAT THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU LICENSED SOFTWARE WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT MEET LICENSEE'S OR ANY OTHER ISSUE PARTY'S REQUIREMENTS, WILL OPERATE IN REGARD TO COMBINATIONS LICENSEE OR ANY OTHER PARTY MAY SELECT FOR USE, OR THAT OPERATION OF THE EQUIPMENTLICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICNSEE DOES NOT WARRANT THAT THE LICENSEE DEVELOPMENTS WILL MEET LICENSOR'S OR ANY OTHER PARTY'S REQUIREMENTS, WILL OPERATE IN COMBINATIONS LICENSOR OR ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENTOTHER PARTY MAY SELECT FOR USE, WE ASSIGN TO YOU ANY WARRANTIES IN OR THAT OPERATION OF THE EQUIPMENT GIVEN TO USLICENSEE DEVELOPMENTS WILL BE UNINTERRUPTED OR ERROR FREE.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. EXCEPT AS EXPRESSLY CONTAINED IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE, COMMON LAW OR IMPLIEDIN ANY OTHER WAY, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR INCLUDING ANY PARTICULAR PURPOSE, CONDITION, IMPLIED WARRANTIES AS TO QUALITY, ADEQUACYPERFORMANCE, TITLE, DATA ACCURACYNONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE, ARE EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. XXXXXXXX-XXXXXX DOES NOT WARRANT THAT THE SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT WILL MEET THE REQUIREMENTS OF CUSTOMER OR ANY OTHER ISSUE IN REGARD USERS OR THAT THE OPERATION OR USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE. WHILE XXXXXXXX- XXXXXX SHALL USE ITS REASONABLE EFFORTS TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT MEET DEADLINES FOR PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, WE ASSIGN TO YOU TIME FOR SUCH PERFORMANCE SHALL NOT BE OF THE ESSENCE OF THIS AGREEMENT AND XXXXXXXX-XXXXXX SHALL NOT BE LIABLE FOR ANY WARRANTIES LOSS OR DAMAGE CAUSED BY DELAY IN THE EQUIPMENT GIVEN TO USPERFORMANCE UNDER THIS AGREEMENT.

Warranty Disclaimers. WE ARE LEASING RENTING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

Warranty Disclaimers. WE YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: THE USE OF XXXXX.XXX SERVICES AND SOFTWARE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON AT YOUR OWN JUDGMENTRISK. IN THE EVENT WE ASSIGN THIS AGREEMENTOUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. XXXXX.XXX AND OUR SUBSIDIARIES, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND WE ARE NOT AN AGENT OF SUPPLIER, LICENSORS EXPRESSLY DISCLAIM ANY AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS WARRANTIES OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS KIND WHETHER EXPRESSED OR IMPLIED, OFINCLUDING, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORBUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT XXXXX.XXX AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) XXXXX.XXX SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) XXXXX.XXX SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE XXXXX.XXX SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PARTICULAR PURPOSEPRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF XXXXX.XXX SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM XXXXX.XXX OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, QUALITYPLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ADEQUACYALTERED VISION, TITLEEYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. Limitation of Liability YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT XXXXX.XXX AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA ACCURACYAND/OR OTHER INTANGIBLE LOSSES, SYSTEM INTEGRATIONEVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, FUNCTION, DEFECTS, INFRINGEMENT AND RESULT FROM: THE USE OR INABILITY TO USE OUR SERVICE; THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND ANY OTHER ISSUE IN REGARD MATTER WHICH MAY BE RELATED TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.OUR SERVICE

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES EXCEPT FOR THE INSTALLATION LIMITED WARRANTY PROVIDED ABOVE, NEITHER SMARTX NOR ANY OF ITS SUPPLIERS OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS RESELLERS MAKES ANY WARRANTY OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIESKIND, EXPRESS OR IMPLIED, OFAND SMARTX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, AND TAKE ABSOLUTELY NO RESPONSIBILITY FORNON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTIONAND DATA ACCURACY. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, DEFECTSSO THE ABOVE LIMITATION MAY NOT APPLY. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE SERVICE, INFRINGEMENT OR AND THAT CUSTOMER HAS NOT RELIED ON ANY OTHER ISSUE REPRESENTATION NOT EXPRESSLY SET OUT IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT. SMARTX DOES NOT WARRANT THAT THE SERVICE OR SITE WILL MEET CUSTOMER'S REQUIREMENTS, WE ASSIGN TO YOU ANY WARRANTIES THAT THE SERVICE OR SITE WILL OPERATE IN THE EQUIPMENT GIVEN TO USCOMBINATIONS WHICH CUSTOMER MAY SELECT FOR USE, OR THAT THE OPERATION OF THE SERVICES OR SITE WILL BE UNINTERRUPTED, OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR 100% SECURE. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT THAT SMARTX HAS NO CONTROL OVER THE INTERNET, AND THAT SMARTX IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

Warranty Disclaimers. WE EXCEPT AS WARRANTED IN THIS SECTION 8, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LEASING HEREBY DISCLAIMED TO THE EQUIPMENT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WHEN DLTLEDGERS IDENTIFIES A VERSION OF THE “#DLTLEDGERS PLATFORM SUBSCRIPTION SERVICE” OR OTHER TECHNOLOGY AS BETA, PILOT, TRIAL, LIMITED RELEASE, PRE-RELEASE, EVALUATION, NON-PRODUCTION OR SIMILAR DESIGNATION, THAT VERSION IS PROVIDED “AS IS,” EXCLUSIVE OF ANY AND ALL WARRANTIES, IS NOT SUPPORTED, AND IS NOT SUBJECT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER ANY AVAILABILITY OR SECURITY OBLIGATIONS, AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENTDLTLEDGERS MAY TERMINATE OR DISCONTINUE THAT VERSION AT ANY TIME WITHOUT LIABILITY. DLTLEDGERS IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION OR OTHER DAMAGE RESULTING FROM PROBLEMS INHERENT IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE USE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS INTERNET, MOBILE AND WE ARE NOT AN AGENT OF SUPPLIERPERSONAL COMPUTING DEVICES, AND NOTHING SUPPLIER STATES TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OTHER NETWORKS OUTSIDE OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO USITS CONTROL.

Warranty Disclaimers. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” AGREE THAT YOU HAVE SELECTED SUPPLIER ANY/ALL THIRD PARTY SUPPLIERS AND THE EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDERREPRESENTATIONS MADE BY US. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.