Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED SET FORTH IN SECTION 1512(a), THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ANY KINDITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EITHER EXPRESS OR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR (v) CAPACITYUNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, 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 OR BE ERROR FREE OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY ANY ERRORS OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; DEFECTS CAN OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSBE CORRECTED.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 15THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSPONSOR UNDER THIS AGREEMENT “AS IS”, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, . NOTWITHSTANDING ANY IMPLIED OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF (i) MERCHANTABILITY; (ii) , OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USE; PERFORMANCE OR USAGE OF TRADE, (iii2) QUALITY; UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (iv12) PRODUCTIVENESS; MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR (v) CAPACITYLIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR THAT THE OPERATION CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSDAMAGES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA BIZAGI DOES NOT GUARANTEE THAT (A) THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTEDLY, OR THAT BIZAGI WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH END USER DATA OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY BIZAGI, AND (C) THE SERVICES WILL MEET END USER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. END USER ACKNOWLEDGES THAT BIZAGI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH EVENTS WILL COMMUNICATIONS FACILITIES. BIZAGI IS NOT OCCURRESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ACCORDINGLYBIZAGI IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, NWEA OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM END USER’S CONTENT THIRD-PARTY CONTENT. BIZAGI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT, AND DISCLAIMS ANY LIABILITY RESULTING ALL LIABILITIES ARISING FROM OR RELATED TO SUCH EVENTSTHIRD PARTY CONTENT.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 11 (“LIMITED WARRANTIES”) ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXCLUSIVE AND THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND DHS HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; NON-INFRINGEMENT AND TITLE. DHS DOES NOT GUARANTEE THAT THE SOFTWARE, EQUIPMENT OR (v) CAPACITYSERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE OPERATION SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. DHS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD-PARTY SOFTWARE OR ANY THIRD-PARTY EQUIPMENT. UNDER NO CIRCUMSTANCES SHALL DHS'S THIRD PARTY SUPPLIERS OF ANY COMPONENT OF THE DHS SOFTWARE, HOSTED SERVICES IS ERROROR DHS EQUIPMENT BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY DAMAGES, DIRECT OR OTHERWISE, ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE PARTY SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFOREGOING SENTENCE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHIS SECTION, THE SERVICES ARE PROVIDED “ON AN AS-IS” WITHOUT WARRANTY IS BASIS. CUSTOMER’S USE OF ANY KINDTHE SOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOAND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT AND ACCURACY (OF DATA OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; ANY OTHER INFORMATION OR (v) CAPACITYCONTENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR THAT TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE OPERATION BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICES INTERNET AND ELECTRONIC COMMUNICATIONS. ATHELAS IS ERROR-FREENOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH SUBSCRIBERTHE CUSTOMER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETEXCEPT AS EXPRESSLY PROVIDED HEREIN, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA ATHELAS DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYCONTINUOUS, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM ERROR- FREE, VIRUS-FREE, OR RELATED SECURE OPERATION AND ACCESS TO SUCH EVENTSTHE SOFTWARE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHERWISE SET FORTH IN THIS AGREEMENT, EACH PARTY ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS RESPECTIVE USE OF THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP AND DEMAND MEDIA LICENSED IP. NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIEDKIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WARRANTIES OF TITLE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYNON-INFRINGEMENT, OR ANY WARRANTY THAT THE OPERATION OF THE SERVICES IS ERROR-ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE “ERROR FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER ” OR ANY THIRD PARTIES; WARRANTY OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYTHE ASSIGNED PATENTS, NWEA DISCLAIMS ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE FREE OF ANY LIABILITY RESULTING FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CORRUPTED FILES OR RELATED OTHER COMPUTER PROGRAMMING THAT IS INTENDED TO SUCH EVENTSDAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEMS, DATA, PERSONAL INFORMATION OR PROPERTY OF ANOTHER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15GIVEN ONLY TO END USERS PURSUANT TO ENOVA'S END USER LICENSE AND WARRANTY, ENOVA GIVES NO WARRANTIES REGARDING ENOVA AND THIRD-PARTY PRODUCTS, PARTS, AND SERVICES THAT ENOVA PROVIDES HEREUNDER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDDISCLAIMS ALL EXPRESS, EITHER EXPRESS OR IMPLIEDIMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE APPLICATION OF THE FOREGOING DISCLAIMER, THE PARTIES RECOGNIZE AND AGREE THAT THE ENOVA PRODUCTS AND PARTS MAY ENCOUNTER OPERATIONAL DIFFICULTIES. ENOVA DOES NOT WARRANT (I) THAT THE ENOVA PRODUCTS AND PARTS WILL MEET PURCHASER'S OR THE END USER'S REQUIREMENTS, (II) THAT THE ENOVA PRODUCTS AND PARTS WILL OPERATE IN THE COMBINATIONS WHICH THE END USER MAY SELECT FOR USE; , (iiiIII) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ENOVA PRODUCTS AND PARTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT MALFUNCTIONS IN THE ENOVA PRODUCTS AND PARTS CAN BE CORRECTED. EXCEPT AS PROVIDED HEREFOR ACTIONS FOR NONPAYMENT OR BREACH OF CONFIDENTIALITY OR IP RIGHTS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION FOR AN ALLEGED BREACH OF ANY CONTRACT OF SALE OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR WARRANTY MUST BE COMMENCED WITHIN ONE (c1) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE AFTER THE DATE ON WHICH THE CAUSE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSACTION ACCRUES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 15THIS AGREEMENT, NASUNI DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED (INCLUDING BY STATUTE, CUSTOM OR USAGE, COURSE OF DEALING, OR COMMON LAW) TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE; NON-INFRINGEMENT (iiiBUT FOR CLARITY THIS DISCLAIMER DOES NOT LIMIT NASUNI’S INDEMNFICATION OBLIGATIONS UNDER SECTION 13.1). WITHOUT LIMITING NASUNI’S EXPRESS OBLIGATIONS IN SECTION 7 (PROTECTED INFORMATION), SECTION 11.1 (LIMITED WARRANTY) QUALITY; OR 4.1 (iv) PRODUCTIVENESS; TECHNICAL SUPPORT), NASUNI DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPED OR (v) CAPACITY, ERROR-FREE OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREESOFTWARE WILL MEET YOUR BUSINESS GOALS OR OTHER REQUIREMENTS OR EXPECTATIONS. EXCEPT AS PROVIDED HERENASUNI SHALL NOT BE LIABLE FOR DELAYS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR INTERRUPTIONS, SERVICE FAILURES, DATA SECURITY LOSS OR PERFORMANCE ISSUES (a) CORRUPTION NOT CAUSED BY FACTORS THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DATA LOSS OR CORRUPTION CAUSED BY YOU, YOUR CLOUD STORAGE PROVIDER, INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY PROVIDER, OR BY ANY THIRD PARTY EQUIPMENT OR VIRTUAL APPLIANCE, OR OTHER SYSTEMS OUTSIDE OF NWEANASUNI’S REASONABLE CONTROL; OR CONTROL (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSPARTY PLATFORM). NWEA CANNOT CONTROL PERFORMANCE OF YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS DURATION OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS STATUTORY RIGHTS, IF ANY, SHALL BE LIMITED TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSSHORTEST PERIOD PERMITTED BY LAW.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY CUSTOMER UNDERSTANDS AND AGREES THAT (i) FNB’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREUNDER SHALL BE AS SET FORTH HEREIN; AND (ii) ALL CUSTOMER COMPLAINTS AND CLAIMS CONCERNING THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF TO BE MADE SOLELY AND EXCLUSIVELY AGAINST PROCESSOR. IN THE EVENT THAT FNB FAILS TO PERFORM SERVICES PROPERLY, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND FNB’S SOLE OBLIGATION SHALL BE FOR FNB TO REPERFORM THE SERVICES AT ITS OWN EXPENSE, AT PROCESSOR’S DIRECTION. FNB DISCLAIMS ANY KINDAND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR USE; INTERRUPTION. FNB SHALL HAVE NO LIABILITY, WHETHER ARISING IN CONTRACT, TORT (iiiINCLUDING NEGLIGENCE AND STRICT LIABILITY) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYOTHERWISE, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY TO CUSTOMER ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTHIS AGREEMENT OR FNB’S SERVICES. IN NO EVENT WILL FNB BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER FNB WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE REASONABLE GIVEN THE FACT THAT NO COMPENSATION IS BEING PAID TO FNB BY CUSTOMER HEREUNDER. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES IN LAW OR EQUITY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 1518, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), NEITHER MONKEY NOR ANY OF ITS THIRD PARTY VENDORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH OF MONKEY AND ITS THIRD PARTY VENDORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, AND ACCURACY OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, AND ANY OTHER TECHNOLOGY OR FEATURES USED BY CUSTOMER IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, IMAGES, THIRD-PARTY PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE PRODUCTS OR SERVICES, REMAINS WITH SUBSCRIBERCUSTOMER. THERE IS NO WARRANTY FOR DATA SECURITY ADDITIONALLY, NEITHER MONKEY NOR ITS THIRD PARTY VENDORS WARRANT OR PERFORMANCE ISSUES MAKE ANY REPRESENTATION REGARDING (aA) CAUSED BY FACTORS OUTSIDE THE USE OR THE RESULTS OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION THE USE OF SUBSCRIBER ITS MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES OR ANY THIRD PARTIES; PARTY PRODUCTS, SERVICES OR WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR (cB) RESULTING FROM SCHEDULED THE ACCURACY OF CODES, IMAGES, INFORMATION OR OTHER DATA PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE PERIODSSERVICES. NWEA CANNOT CONTROL THE CLINICAL INFORMATION PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF DOCTORS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION OR OTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY GIVEN PATIENT. MONKEY AND ITS THIRD PARTY VENDORS ARE NOT A HEALTH PLAN, HEALTH CARE PROVIDER OR PRESCRIBER. NEITHER MONKEY NOR ITS THIRD PARTY VENDORS GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. CUSTOMER ASSUMES THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS OBTAINED IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES AND CUSTOMER’S USE OF THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES BASED ON IN CONNECTION WITH CUSTOMER’S HARDWARE. MONKEY AND ITS THIRD PARTY VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE FLOW INTERACTION OF DATA TO THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES WITH ANY DEVICE OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE ANY INFORMATION TECHNOLOGY INFRASTRUCTURE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCUSTOMER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES EXPRESSLY MADE IN SECTION 1511.1 (AUTHORIZATION; ENFORCEABILITY), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSECTION 11.2 (NO CONFLICTS), THE SECTION 11.3 (SUPPLY WARRANTIES), SECTION 11.4 (CARTRIDGE SHELF LIFE), SECTION 11.5 (SUPPORT SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY WARRANTY), AND SECTION 11.6 (NO CONFIDENTIAL INFORMATION OF OTHER PARTIES), NEITHER PARTY MAKES ANY KINDREPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIEDIMPLIED (WHETHER WRITTEN OR ORAL), INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYWITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING THE PRODUCTS, THE QORVO PRODUCT TECHNOLOGY, OR THAT SUCH PARTY’S OBLIGATIONS UNDER THIS AGREEMENT. THE OPERATION REPRESENTATIONS AND WARRANTIES OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT EACH OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS PARTY EXTEND ONLY TO THE INTERNETOTHER PARTY (EXCEPT THAT ZOMEDICA MAY RESELL TO ANY CUSTOMER QORVO’S WARRANTIES SET FORTH IN SECTION 11.3 (SUPPLY WARRANTIES) AND SECTION 11.4 (CARTRIDGE SHELF LIFE)). ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS NEITHER PARTY WILL BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST SUCH OTHER PARTY BY A THIRD PARTY, EXCEPT TO REMEDY THE EXTENT PROVIDED IN SECTION 12.1 (INDEMNIFICATION BY QORVO), SECTION 12.2 (INDEMNIFICATION BY ZOMEDICA) AND AVOID SUCH EVENTSSECTION 12.3 (INDEMNIFICATION FOR INFRINGEMENT). [*Confidential Treatment has been requested as to certain portions of this document. Each such portion, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYwhich has been omitted herein and replaced with an asterisk [*], NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTShas been filed separately with the Securities and Exchange Commission.]

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED PRODUCT WARRANTY EXPRESSLY PROVIDED IN UNDER SECTION 155.11(a), UCB HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW ALL REPRESENTATIONS AND WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS WHETHER WRITTEN OR ORAL OR EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO PRODUCT SUPPLIED IN CONNECTION WITH SECTION 5.11, BUT NOT LIMITED TOINCLUDING ANY REPRESENTATION OR WARRANTY OF QUALITY, ANY IMPLIED WARRANTIES OF (i) PERFORMANCE, MERCHANTABILITY; (ii) , OR FITNESS FOR A PARTICULAR PURPOSE USE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT THE OPERATION USE OF ANY PRODUCT FOR PURPOSES OTHER THAN THOSE SPECIFIED IN THIS AGREEMENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. DERMIRA ACKNOWLEDGES AND AGREES THAT THE PRODUCT HAS NOT BEEN APPROVED BY ANY REGULATORY AUTHORITY FOR THE USES SET FORTH IN THE PHASE 3 PROTOCOL OR A POST-APPROVAL STUDY PROTOCOL IN THE DEVELOPMENT INDICATION (OTHER THAN FOR INVESTIGATIONAL USE IN ACCORDANCE THEREWITH) AND THAT A PHASE 3 STUDY AND ANY POST-APPROVAL STUDY IN THE DEVELOPMENT INDICATION IS BEING CONDUCTED, INTER ALIA, TO DETERMINE WHETHER THE PRODUCT IS SAFE AND EFFICACIOUS FOR SUCH USE. NOTHING CONTAINED IN THIS SECTION 5.11(d) ALTERS UCB’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 16.2 OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAGREEMENT.

Disclaimer. CLIENT ACKNOWLEDGES THAT EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN THESE TERMS, EMA MATERIALS ARE BEING PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS-AS IS” WITHOUT WARRANTY OF ANY KINDBASIS. EMA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR EXPRESS, IMPLIED, INCLUDINGOR COLLATERAL, BUT NOT LIMITED TO, ANY INCLUDING THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREAND NON‐INFRINGEMENT, THE ENTIRE RISK AND LIABILITY ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, EMA DOES NOT WARRANT OR GUARANTEE: (I) THE USE OF EMA MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY SERVICES), OR PERFORMANCE ISSUES RESULTS THEREOF OR THEREFROM, (aII) CAUSED BY FACTORS OUTSIDE OF NWEATHAT EMA MATERIALS WILL MEET CLIENT’S REASONABLE CONTROL; EXPECTATIONS, OR (bIII) RESULTING THAT RESULTANT DATA WILL COMPLETE OR ACCURATE. EMA DISCLAIMS ALL LIABILITY ARISING FROM ALL THIRD PARTY APPLICATIONS OR DATA INCLUDING, ANY ACTION RESULTS OR INACTION OF SUBSCRIBER REPORTS GENERATED FROM SUCH THIRD PARTY DATA OR ANY THIRD PARTIES; CLIENT DATA OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSMATERIALS. NWEA CANNOT CONTROL PERFORMANCE IN FURTHERANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETFOREGOING, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESCLIENT ACKNOWLEDGES AND AGREES THAT EMA HAS NOT MADE, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY LIABILITY RESULTING REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED OR COLLATERAL, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO ANY MATTER ENUMERATED IN SUBPARTS (I)‐(III) OF THIS SECTION 6.1, OR OTHERWISE ARISING FROM OR RELATED TO SUCH EVENTSIN CONNECTION WITH THESE TERMS. For the avoidance of doubt, and in furtherance of this Section 6.1.2, EMA makes no guaranty as to the results of the Services, or Client’s ability to fully utilize the Services.

Disclaimer. EXCEPT FOR SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE EXPRESS LIMITED WARRANTY PROVIDED EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SECTION 15ANY AGREEMENT BETWEEN SUBSCRIBER AND GRS, USE OF THE SERVICES IS AT SUBSCRIBER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH SUBSCRIBER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GRS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF (i) MERCHANTABILITY; (ii) , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GRS DOES NOT WARRANT AGAINST INTERFERENCE WITH SUBSCRIBER’S ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPERFORMED BY THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES IS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE INSTALLATION OF THE SERVICES REMAINS WITH SUBSCRIBERMAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF FURTHER ACKNOWLEDGES THAT THE SERVICES BASED ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL, FINANCIAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRS OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, IF APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTHOSE JURISDICTIONS.

Disclaimer. EXCEPT FOR UI ACKNOWLEDGES AND AGREES THAT CL&P IS LICENSING THE EXPRESS LIMITED WARRANTY PROVIDED LICENSED PREMISES "AS IS, WHERE IS" AS OF THE DATE HEREOF, AND IN SECTION 15ITS CONDITION AS OF THE DATE HEREOF, AND THAT PRIOR TO THE MAXIMUM EXTENT PERMITTED EXECUTION OF THIS AGREEMENT, UI HAS CONDUCTED TO ITS SATISFACTION ALL NECESSARY AND SUFFICIENT EXAMINATION OF THE LICENSED PREMISES, AND THAT UI IS RELYING ON ITS OWN EXAMINATION OF THE LICENSED PREMISES, AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY MADE BY APPLICABLE CL&P. CL&P EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, USAGE, OR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE) AS TO THE LICENSED PREMISES, INCLUDING WHETHER THE GRANTING OF THE LICENSE HEREUNDER VIOLATES ANY INSTRUMENT, MORTGAGE, INDENTURE, DEED OF TRUST, AGREEMENT, CONTRACT AND/OR PERMIT RELATED TO THE LICENSED PREMISES, OR COMPLIANCE WITH ANY LAW, OR AS TO THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYTHE LICENSED PREMISES, OR THAT ANY PART THEREOF, INCLUDING WHETHER CL&P POSSESSES SUFFICIENT RIGHTS TO PERMIT THE PRESENCE AND OPERATION OF THE SERVICES IS ERROR-FREEGROUP OF PURCHASED UI ASSETS ON THE LICENSED PREMISES. EXCEPT AS PROVIDED HERECL&P FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING TITLE TO THE LICENSED PREMISES, THE ENTIRE RISK AND ABSENCE OF HAZARDOUS MATERIALS ON, IN AND/OR UNDER THE LICENSED PREMISES, OR LIABILITY OR POTENTIAL LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM UNDER ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSENVIRONMENTAL LAW.

Disclaimer. EXCEPT THE ENERGY COOPERATIVE, AND ITS ENDORSER(S) AND SERVICING CONTRACTOR (TASB), DO NOT WARRANT THAT THE OPERATION OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER THE ENERGY COOPERATIVE NOR ITS ENDORSER(S) OR SERVICING CONTRACTOR CAN CONTROL THE DELIVERY OF ENERGY SERVICES, INCLUDING WITHOUT LIMITATION THE DELIVERY OR FLOW OF ELECTRICITY OR FUEL, AND NEITHER SHALL HAVE ANY LIABILITY FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ANY DAMAGES OR CONSEQUENCES THAT MAY OCCUR IF ENERGY SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF INTERRUPTED OR NOT TIMELY DELIVERED FOR ANY KINDREASON. THE ENERGY COOPERATIVE AND ITS ENDORSER(S) AND SERVICING CONTRACTOR HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGIN REGARD TO ANY INFORMATION, BUT NOT LIMITED TOPRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR PURPOSE. THE PARTIES AGREE AND ACKNOWLEDGE THAT THE OPERATION OF CUSTOMER PROTECTION RULES ADOPTED BY THE SERVICES IS ERROR-FREETEXAS PUBLIC UTILITY COMMISSION (AS CONTAINED IN PUC SUBSTANTIVE RULES 25.471 ET. EXCEPT AS PROVIDED HERE, SEQ.) DO NOT APPLY TO THIS AGREEMENT AND THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF ENERGY COOPERATIVE MEMBER WAIVES SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS CUSTOMER PROTECTION RULES TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFULLEST EXTENT PERMITTED BY LAW.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY SET FORTH IN THIS SECTION 159, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY LICENSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR OTHERWISE, CONCERNING THE LICENSED TRADE SECRETS AND THE TECHNOLOGY, INCLUDING AS TO THE ACCURACY, COMPLETENESS, OR USEFULNESS FOR ANY PURPOSE OF THE LICENSED TRADE SECRETS AND GOLQ TECHNOLOGY. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR THAT TRADE PRACTICE. GOLQ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE OPERATION GOLQ TECHNOLOGY, INCLUDING WITHOUT LIMITATION, THE SALE OF LICENSED PRODUCTS OR OTHER, USE, ACTIVITIES OR OTHER EXPLOITATION OF THE SERVICES IS ERROR-FREELICENSED PRODUCTS OR DELIVERABLES, THAT IT WILL NOT INFRINGE OR MISAPPROPRIATE ANY PATENT OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. EXCEPT AS PROVIDED HEREANY WARRANTY MADE BY RCRT TO ITS CUSTOMERS, THE ENTIRE RISK AND LIABILITY ARISING OUT USERS OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER LICENSED PRODUCT OR ANY OTHER THIRD PARTIES; PARTY ARE MADE BY RCRT ALONE AND SHALL NOT BIND GOLQ OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO BE DEEMED OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED TREATED AS HAVING BEEN MADE BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSGOLQ.

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES EXPRESSLY SET FORTH IN SECTION 15THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAIRCALL MAKES NO OTHER WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR (v) CAPACITYOTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE OPERATION SITE OR ANY PORTION OF THE SERVICES IS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE. EXCEPT AS PROVIDED HEREFREE OR WILL OPERATE WITHOUT PACKET LOSS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM NOR DOES AIRCALL WARRANT ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA CONNECTION TO OR TRANSMISSION FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON OR ANY QUALITY OF CALLS MADE THROUGH THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESSERVICES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY CUSTOMER ALSO ACKKNOWLEDGES AND AVOID SUCH EVENTS, NWEA DOES NOT AGREES THAT AIRCALL CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYIP BASED COMMUNICATIONS ARE COMPLETELY SECURE, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM ERROR OR RELATED TO SUCH EVENTSVIRUS-FREE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY THIS SOFTWARE PACKAGE IS PROVIDED IN SECTION 15BY STMICROELECTRONICS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STMICROELECTRONICS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE; (iii) QUALITY; (iv) PRODUCTIVENESS, DATA, OR PROFITS; OR (vBUSINESS INTERRUPTION) CAPACITYHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR THAT THE OPERATION TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE SERVICES IS ERROR-FREEUSE OF THIS SOFTWARE PACKAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROVIDED HEREEXPRESSLY PERMITTED HEREUNDER AND SUBJECT TO ANY APPLICABLE THIRD-PARTY TERMS AND OPEN SOURCE TERMS, THE ENTIRE RISK AND LIABILITY ARISING OUT NO LICENSE OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, ARE GRANTED UNDER ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER STMICROELECTRONICS OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSPARTY. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESRevision history Table 1. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSDocument revision history Date Version Changes 04-Feb-2019 1 Initial release.

Disclaimer. EXCEPT FOR 17.6.1 THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15TOYOTA SUPPLIER NETWORK AND ALL MATERIALS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCLUDING, THE SERVICES WITHOUT LIMITATION, ANY ELECTRONIC FORMS AND SOFTWARE, ARE PROVIDED “AS-AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TOYOTA, EITHER EXPRESS WITHOUT LIMITING THE FOREGOING, SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (i) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR IMPLIEDFITNESS FOR ANY PARTICULAR PURPOSE; AND (ii) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE TOYOTA SUPPLIER NETWORK, ITS CONTENT, ANY ELECTRONIC FORMS OR MATERIALS. IN NO EVENT WILL TOYOTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES DAMAGES FOR LOSS OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYINFORMATION, AND THE LIKE), OR THAT THE OPERATION ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREAVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE TOYOTA SUPPLIER NETWORK, EVEN IF TOYOTA OR ITS REGISTERED AGENT HAVE BEEN ADVISED OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE POSSIBILITY OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE SUCH DAMAGES, AND REGARDLESS OF THE SERVICES BASED ON THE FLOW FORM OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETACTION. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Tesla Motors, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.Inc.

Disclaimer. EXCEPT FOR AS EXPRESSLY SET FORTH IN ARTICLE 16, SRI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, CONCERNING THE TECHNOLOGY OR ANY TECHNICAL INFORMATION COMMUNICATED TO EUROBIOTECH BY SRI. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, SRI MAKES NO EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT OR IMPLIED WARRANTY OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OTHERWISE), QUALITY OR (v) CAPACITY, USEFULNESS OF THE TECHNOLOGY. ALL PHYSICAL EMBODIMENTS OF THE TECHNOLOGY PROVIDED BY SRI HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS. SRI DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION INCLUDED WITHIN THE TECHNICAL INFORMATION NOR DOES SRI WARRANT THAT ANY SUCH INFORMATION CONSTITUTES TRADE SECRETS OR CONFIDENTIAL INFORMATION OR THAT THE OPERATION PATENTS WILL BE FREE FROM CLAIMS OF INFRINGEMENT BY THIRD PARTIES OR ANY OTHER RIGHTS OF THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OTHER PARTY OR ANY THIRD PARTIES; PARTY FOR ANY INCIDENTAL OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO CONSEQUENTIAL DAMAGES IN TORT, CONTRACT, STRICT LIABILITY OR FROM NWEA’S NETWORK OTHERWISE INCURRED BY OTHER PARTY OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY ANY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPARTY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY SET FORTH IN THIS SECTION 155, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWALL SERVICES, THE SERVICES PROPRIETARY ITEMS, AND REPORTS ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY OF ANY KINDAND INSELLIGENCE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INTERFERENCE, OR USENON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSELLIGENCE DOES NOT REPRESENT OR WARRANT THAT: (A) THE PROPRIETARY ITEMS OR REPORTS WILL MEET ANY FORECASTS, EXPECTATIONS OR SPECIFICATIONS OF SUBSCRIBER; (iiiB) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS PROVIDED HERE, ; (C) THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY WILL NOT RESULT IN A LOSS OF SUBSCRIBER CONTENT OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROLOTHER SUBSCRIBER DATA; OR (bD) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE THE USE OF THE SERVICES BASED ON WILL NOT EXPOSE THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS HARDWARE OR NETWORKS TO THE INTERNETADDITIONAL SECURITY RISK. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA INSELLIGENCE DOES NOT GUARANTEE THAT MAKE ANY GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE REPORTS, AND DOES NOT ASSUME RESPONSIBILITY FOR INACCURATE OR MISLEADING REPORTS. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ITS USE OF OR RELIANCE ON ANY SUCH EVENTS WILL NOT OCCURREPORTS OR OTHER INFORMATION OR DATA ACCESSED THROUGH THE SERVICES. ACCORDINGLYSUBSCRIBER IS SOLELY RESPONSIBLE FOR ARCHIVING AND RETAINING ANY AND ALL SUBSCRIBER CONTENT OR DATA UPLOADED TO, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM DOWNLOADED FROM, OR RELATED TO SUCH EVENTSPROCESSED IN OR THROUGH, THE SERVICES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN SECTION 1513 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TO WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USABILITY, CONDITION OR OPERATION THEREOF, TITLE, COMPATIBILITY, SECURITY, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS, ADEQUACY AND NONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE, AND LICENSEE WARRANTS THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, OR STATEMENTS OF FACT NOT SPECIFICALLY INCLUDED IN THIS AGREEMENT. LICENSEE ACKNOWLEDGES THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAMS AND SERVICES ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY AND ‘AS AVAILABLE’. CUREMD, OR ITS THIRD PARTY SERVICE PROVIDERS, DO NOT WARRANT THAT THE PROGRAMS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FAULT-FREE, AND FREE OF VIRUSES OR ANY KINDOTHER MALICIOUS CODE OR THAT ALL ERRORS WILL BE CORRECTED. EXCEPT AS SET FORTH IN THIS AGREEMENT, EITHER EXPRESS IN NO EVENT SHALL CUREMD, OR IMPLIEDITS THIRD PARTY SERVICE PROVIDERS, INCLUDINGBE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR THAT LOSS OF USE, OR ANY OTHER FINANCIAL CLAIM FOR DAMAGES, HARDSHIP, OR FAILURE OF DELIVERY, THE OPERATION COST OF DELAY, PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES, ALTERATION, THEFT, DESTRUCTION OR CORRUPTION OF DATA, ANY INABILITY TO RECORD, ACCESS OR RESTORE DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, OR THE USE OF PROGRAMS OR SERVICES OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, OR COST OF COVER SUFFERED BY THE LICENSEE OR BY ANY THIRD PARTY, WHETHER IN AN ACTION IN BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR TORT OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED OF OR IS AWARE OF THE SERVICES IS ERROR-FREEPOSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROVIDED HERE, CUREMD ASSUMES NO LIABILITY FOR THE ENTIRE RISK AND LIABILITY CONSEQUENCES TO THE LICENSEE OR ITS PATIENTS ARISING OUT OF OR RELATING TO THE LICENSEE’S USE OF THE PROGRAMS OR SERVICES. THE LICENSEE ACKNOWLEDGES THAT CUREMD HAS NO CONTROL OF OR RESPONSIBILITY FOR THE LICENSEE’S USE OF THE PROGRAMS OR SERVICES REMAINS WITH SUBSCRIBEROR THE CONTENT PROVIDED THEREON AND HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY THE LICENSEE TO THE SERVICE. THERE IS NO WARRANTY CUREMD DISCLAIMS ANY AND ALL LIABILITY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE ERRONEOUS TRANSMISSIONS AND LOSS OF NWEA’S REASONABLE CONTROL; OR (b) SERVICE RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED COMMUNICATION FAILURES BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTELECOMMUNICATION SERVICES.

Disclaimer. EXCEPT THE SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" BASIS AND, TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, . THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES ARE PROVIDED “ASWILL BE PERFORMED ERROR-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS FREE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYUNINTERRUPTED, OR THAT THE OPERATION OF COMPANY WILL CORRECT ALL SERVICES’ ERRORS. YOU ACKNOWLEDGE THAT THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, COMPANY DOES NOT CONTROL THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW TRANSFER OF DATA TO OR FROM NWEA’S NETWORK OR OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, WHICH DEPEND AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, DATA BREACHES AND OTHER PROBLEMS INHERENT IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS USE OF SUCH THIRD PARTIES CAN IMPAIR COMMUNICATIONS FACILITIES AND THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY OTHER DAMAGE RESULTING FROM OR RELATED TO SUCH EVENTSPROBLEMS.

Disclaimer. EXCEPT FOR OTHER THAN THE EXPRESS LIMITED WARRANTY PROVIDED REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 15, TO 9.1 THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE APPLICATIONS AND THE SERVICES ANDROID PLATFORM ARE PROVIDED “AS-AS IS” AND WITHOUT WARRANTY OF ANY KINDKIND AND GOOGLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, ANY IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. GOOGLE DOES NOT WARRANT THAT THE APPLICATIONS AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; ANY OTHER GOOGLE PRODUCTS OR (v) CAPACITY, SERVICES PROVIDED HEREUNDER WILL MEET ALL OF COMPANY’S REQUIREMENTS OR THAT THE OPERATION PERFORMANCE OF THE SUCH SERVICES IS WILL BE UNINTERRUPTED, VIRUS-FREE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED HEREOTHER THAN THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 9.1, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS COMPANY MAKES NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA KIND TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS GOOGLE WITH RESPECT TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY DEVICES, AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR RELATED TO SUCH EVENTSOTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 9, GPN AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, ANY PROFESSIONAL SERVICES, OR ANY CONTENT; GPN AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THE SERVICE OR PROFESSIONAL SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE: (IV) ERRORS OR DEFECTS WILL BE CORRECTED; OR (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE, ALL THIRD PARTY PRODUCTS AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS; AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BY GPN AND ITS LICENSORS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERINTERNET AND ELECTRONIC COMMUNICATIONS. THERE GPN IS NO WARRANTY NOT RESPONSIBLE FOR DATA SECURITY ANY DELAYS, DELIVERY FAILURES, OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) OTHER DAMAGE RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPROBLEMS.

Disclaimer. EXCEPT FOR PENN REPRESENTS AND WARRANTS TO VGX THAT IT HAS THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, FULL AUTHORITY TO EXECUTE AND DELIVER THIS LICENSE AGREEMENT; THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWKNOWLEDGE OF THE CURRENT STAFF OF THE UNIVERSITY OF PENNSYLVANIA CENTER FOR TECHNOLOGY TRANSFER (CTT) AND OFFICE OF THE GENERAL COUNSEL (COLLECTIVELY “CTT/GC”), CTT/GC HAVE RECEIVED NO MATERIAL CLAIM IN WRITING FROM ANY THIRD PARTY CONTESTING THE VALIDITY, ENFORCEABILITY, LICENSABILITY, USE OR OWNERHIP OF ANY SUCH PENN PATENT RIGHTS AND CTT/GC HAVE RECEIVED NO NOTICE IN WRITING OF ANY LOSS OR EXPIRATION OF ANY PART OF PENN PATENT RIGHTS. EXCEPT AS SET FORTH IN THE PREVIOUS SENTENCE, THE SERVICES PENN PATENT RIGHTS, LICENSED PRODUCTS AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS-AS IS” WITHOUT WARRANTY OF ANY KINDBASIS. PENN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY WARRANTY OF ACCURACY, ANY IMPLIED WARRANTIES OF (i) COMPLETENESS, PERFORMANCE, MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTITLE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES SOFTWARE AND DOCUMENTATION ARE PROVIDED FURNISHED “AS-AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, . THE COMPANY HEREBY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; TITLE. THE COMPANY DOES NOT WARRANT THAT ANY SOFTWARE WILL MEET YOUR NEEDS OR (v) CAPACITYEXPECTATIONS, THAT USE OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. WITHOUT LIMITING THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREFOREGOING, THE ENTIRE RISK AND LIABILITY ARISING OUT COMPANY DOES NOT GUARANTEE ANY RESULT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS ANY SOFTWARE, AND IN NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTIES; PARTY FOR RELIANCE ON USE OF ANY SOFTWARE OR (c) RESULTING APPLICATION OF ANY DATA ARISING FROM SCHEDULED MAINTENANCE PERIODSUSE OF ANY SOFTWARE. NWEA CANNOT CONTROL WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE OR ANY APPLICATION IN WHICH THE FAILURE OF THE SERVICES BASED ON THE FLOW OF DATA SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR FROM NWEA’S NETWORK SEVERE PHYSICAL OR OVER THE INTERNETPROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES“HIGH RISK ACTIVITIES”). AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM EXPRESS OR RELATED TO IMPLIED GUARANTEE OF FITNESS FOR SUCH EVENTSHIGH RISK ACTIVITIES.

Disclaimer. EXCEPT THE LIMITED WARRANTY SET FORTH IN SECTION 7.1 IS MADE FOR THE EXPRESS LIMITED WARRANTY BENEFIT OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15, 7.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING THE APPLICATION AND DOCUMENTATION) ARE PROVIDED “AS-AS IS,” WITHOUT WARRANTY OF ANY KINDAND RAINDROP MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, EITHER EXPRESS REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY; (ii) , TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR USE; INABILITY TO USE THE APPLICATION, DOCUMENTATION, OR SERVICES (iiiIN WHOLE OR IN PART) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY RAINDROP. RAINDROP DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT THE OPERATION OF THE SERVICES IS APPLICATION SHALL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS PROVIDED HERESOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE SO SOME OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA ABOVE LIMITATIONS MAY NOT APPLY TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCUSTOMER.

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES EXPRESSLY SET FORTH IN SECTION 15THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAIRCALL MAKES NO OTHER WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY INCLUDING THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR (v) CAPACITYOTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE OPERATION SITE OR ANY PORTION OF THE SERVICES IS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE. EXCEPT AS PROVIDED HEREFREE OR WILL OPERATE WITHOUT PACKET LOSS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM NOR DOES AIRCALL WARRANT ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA CONNECTION TO OR TRANSMISSION FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON OR ANY QUALITY OF CALLS MADE THROUGH THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESSERVICES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY CUSTOMER ALSO ACKNOWLEDGES AND AVOID SUCH EVENTS, NWEA DOES NOT AGREES THAT AIRCALL CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYIP BASED COMMUNICATIONS ARE COMPLETELY SECURE, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM ERROR OR RELATED TO SUCH EVENTSVIRUS-FREE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 15HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE PROVIDED DELIVERED “AS-AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KINDKIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, EITHER EXPRESS PRODUCTION, DISTRIBUTION OR IMPLIEDDELIVERY OF THE APPLICATION, INCLUDING, INCLUDING BUT NOT LIMITED TOTOANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR (v) CAPACITYSUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR THAT WILL MEET CLIENT’S REQUIREMENTS. THE OPERATION OF THE TTEC SERVICES IS ERROR-FREEARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK TTEC DOES NOT AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON CANNOTCONTROL THE FLOW OF DATA TO OR FROM NWEATTEC’S NETWORK OR OVER AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND . SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESPARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBERCLIENT’S CONNECTIONS TO THE INTERNETINTERNET (OR PORTIONSTHEREOF). ALTHOUGH NWEA USES TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, NWEA DOES NOT TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. Limitation of Liability NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, AND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CLIENT TO TTEC PURSUANT TO THE TERMS OF THIS EUA DURING THE PREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Indemnity by Client Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. Indemnity by TTEC TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPED OR ERROR-FREE SERVICE, ERROR CORRECTION, AVAILABIITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES . G2 CONTENT AND SITE PROFILES ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY AND AS AVAILABLE, EXCLUSIVE OF ANY KINDWARRANTY WHATSOEVER. FURTHERMORE, EITHER EXPRESS OR IMPLIEDTO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDINGG2 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (A) PERFORMANCE, BUT NOT LIMITED TOQUALITY, ANY IMPLIED WARRANTIES OF AND RESULTS, (iB) MERCHANTABILITY; CLICK RATES AND CONVERSIONS, AND (iiC) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION ACCURACY OF THE SERVICES IS ERRORINFORMATION THAT G2 PROVIDES IN CONNECTION WITH THE SITE AND/OR THE G2 CONTENT. G2 SHALL NOT BE LIABLE FOR NON-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S DUE TO CAUSES BEYOND ITS REASONABLE CONTROL; OR (b. With respect to the Application(s), You acknowledge that G2 does not control the transfer of data over telecommunications facilities, including the internet. G2 does not warrant secure operation of the Application(s) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (cor that it will be able to prevent third-party disruptions of the Application(s). You acknowledge further that the Application(s) RESULTING FROM SCHEDULED MAINTENANCE PERIODSmay be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETG2 is not responsible for any delays, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESdelivery failures, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSor other damage resulting from such problems with the use of the internet or electronic communications.

Disclaimer. EXCEPT THE LIMITED WARRANTY SET FORTH IN SECTION 8.1 IS MADE FOR THE EXPRESS LIMITED WARRANTY BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15, 8.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING THE APPLICATION AND DOCUMENTATION) ARE PROVIDED “AS-AS IS,” WITHOUT WARRANTY OF ANY KINDAND AIRWORKS MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, EITHER EXPRESS REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY; (ii) , TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR USE; INABILITY TO USE THE APPLICATION, DOCUMENTATION, OR SERVICES (iiiIN WHOLE OR IN PART) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY OTHER PRODUCTS OR SERVICES PROVIDED TO SUBSCRIBER BY AIRWORKS. AIRWORKS DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT THE OPERATION OF THE SERVICES IS APPLICATION SHALL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS PROVIDED HERESOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE SO SOME OF THE SERVICES REMAINS WITH ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS OTHERWISE PROVIDED IN SECTION 15THIS AGREEMENT, MERCHANT EXPRESSLY AGREES THAT XXXXXXXXX.XXX SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER ARISING, INCLUDING NEGLIGENCE), ARISING FROM OR RELATED TO: (I) MERCHANT’S FAILURE TO THE MAXIMUM EXTENT PERMITTED PROPERLY ACTIVATE, INTEGRATE OR SECURE ITS MERCHANT ACCOUNT; (II) FRAUDULENT TRANSACTIONS PROCESSED THROUGH ITS PAYMENT GATEWAY ACCOUNT; (III) DISRUPTION OF XXXXXXXXX.XXX SERVICES, SYSTEMS, SERVER OR WEBSITE BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDMEANS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITYOTHER TECHNOLOGY; (iiIV) FITNESS FOR ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, A PARTICULAR PURPOSE MERCHANT SERVICE PROVIDER, PAYMENT PROCESSOR OR USE; (iii) QUALITY; (iv) PRODUCTIVENESSBANK; OR (vV) CAPACITYUNAUTHORIZED ACCESS TO (A) DATA, CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION), TRANSACTION DATA OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREPERSONAL INFORMATION BELONGING TO XXXXXXXXX.XXX, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER MERCHANT OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.PARTY AND/OR

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED SET FORTH IN SECTION 157.1, UNITRENDS MAKES NO WARRANTY, CONDITION, REPRESENTATION, TERM, UNDERTAKING OR GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT AND THE SERVICES, THE UNITENDS CLOUD AND DRAAS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. UNITRENDS MAKES NO WARRANTY THAT THE SERVICES, UINTRENDS CLOUD OR DRAAS ARE COMPATIBLE WITH CUSTOMER’S CONTENT, DATA, HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR SYSTEMS, WILL MEET THE NEEDS OR REQUIREMENTS OF CUSTOMER OR ITS USERS, WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED FOR USE BY CUSTOMER OR ITS USERS, WILL BE TIMELY, UNINTERRUPTED, SECURE, ACCURATE, RELIABLE OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE SERVICES, UINTRENDS CLOUD AND DRAAS ARE NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. UNITRENDS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, UNITREND’S LIABILITY UNDER ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR (v) CAPACITY, OR THAT THE OPERATION GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF TO SUPPLYING THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY AGAIN OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE PAYING THE COST OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF SUPPLYING THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAGAIN.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA BIZAGI DOES NOT GUARANTEE THAT (A) THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTEDLY, OR THAT BIZAGI WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH END USER DATA OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY BIZAGI, AND (C) THE SERVICES WILL MEET END USER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. END USER ACKNOWLEDGES THAT BIZAGI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH EVENTS WILL COMMUNICATIONS FACILITIES. BIZAGI IS NOT OCCURRESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ACCORDINGLYBIZAGI IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, NWEA OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM END USER’S CONTENT THIRD-PARTY CONTENT. BIZAGI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT, AND DISCLAIMS ANY LIABILITY RESULTING ALL LIABILITIES ARISING FROM OR RELATED TO SUCH EVENTSTHIRD PARTY CONTENT.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 17. Limitation. NWEA’s liability to the Fiscal Agent (including the Subscriber and any other subscriber granted a license under the Fiscal Agent Agreement), for damages sustained by the Department, as the result of NWEA’s default, or acts, or omissions, in the performance of work under this Agreement, except for NWEA’s indemnification obligations under the Section 16 of the Fiscal Agent Agreement, whether such damages arise out of breach, negligence, misrepresentation, or otherwise, shall be two times the amounts actually paid by the Fiscal Agent under the Fiscal Agent Agreement.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHIS SECTION, THE SERVICES ARE PROVIDED “ON AN AS-IS” WITHOUT WARRANTY IS BASIS. CUSTOMER’S USE OF ANY KINDTHE SOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOAND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT AND ACCURACY (OF DATA OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; ANY OTHER INFORMATION OR (v) CAPACITYCONTENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR THAT TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE OPERATION BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICES INTERNET AND ELECTRONIC COMMUNICATIONS. ATHELAS IS ERROR-FREENOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH SUBSCRIBERTHE CUSTOMER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETEXCEPT AS EXPRESSLY PROVIDED HEREIN, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA ATHELAS DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYCONTINUOUS, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM ERROR-FREE, VIRUS-FREE, OR RELATED SECURE OPERATION AND ACCESS TO SUCH EVENTSTHE SOFTWARE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY LICENSED PRODUCTS ARE PROVIDED IN SECTION 15TO LICENSEE “AS IS” AND “WITH ALL FAULTS.” SMPTE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXCEPT AS SET FORTH IN SECTION 6(a), EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY : (A) THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYCOMPLETENESS OF THE LICENSED PRODUCTS, OR THAT THE OPERATION LICENSEE’S USE OF THE SERVICES IS LICENSED PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET LICENSEE’S REQUIREMENTS. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONTENTS OF THE LICENSED PRODUCTS ARE SUBJECT TO CHANGE. LIMITATION OF LIABILITY. EXCEPT AS PROVIDED HEREFOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTION 6(b), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE ENTIRE RISK AND LIABILITY OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING OUT FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY LICENSED PRODUCTS, SUCH AS ANY MALFUNCTION, DEFECT OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE FAILURE OF THE SERVICES BASED ON THE FLOW OF DATA TO LICENSED PRODUCTS OR FROM NWEA’S NETWORK OR OVER THEIR DELIVERY VIA THE INTERNET, WHICH DEPEND IN LARGE PART ON EVEN IF SUCH PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH THIRD PARTIES CAN IMPAIR DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. SMPTE UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY DEFECTS OR DISRUPT SUBSCRIBER’S CONNECTIONS FAILURES IN ANY COMMUNICATIONS LINES, THE INTERNET OR INTERNET SERVICE PROVIDER, LICENSEE'S COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS THE INTERNETLICENSED PRODUCTS OR TO AUTHENTICATE ANY USER AS AN AUTHORIZED USER. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY LICENSEE ACKNOWLEDGES AND AVOID SUCH EVENTSAGREES THAT SMPTE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION OR DATA CONTAINED IN THE LICENSED PRODUCTS, NWEA DOES AND SMPTE SHALL NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS BE LIABLE FOR ANY LIABILITY LOSSES OR DAMAGES RESULTING FROM RELIANCE ON ANY SUCH INFORMATION OR RELATED TO SUCH EVENTSDATA UNDER ANY CIRCUMSTANCES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CITY STATES ON BEHALF OF ITSELF AND THE CITY REPRESENTATIVES THAT IT DOES NOT MAKE, AND IT EXPRESSLY EXCLUDES AND DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR ASSURANCES OF ANY KIND, WHETHER EXPRESS, IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, AND PERFORMANCE OR INTEROPERABILITY OF THE SERVICES OR THE FACILITIES WITH ANY USER EQUIPMENT. NO WARRANTY IS MADE OR PASSED ON WITH RESPECT TO ANY SERVICES OR FACILITIES PROVIDED BY OR FURNISHED BY ANY THIRD PARTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CITY DOES NOT WARRANT THAT THE FACILITIES AND/OR SERVICES PROVIDED TO USER HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FACILITIES AND/OR SERVICES WILL MEET USER’S REQUIREMENTS, OR THAT THE FACILITIES AND/OR SERVICES WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. ALL FACILITIES AND SERVICES ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT AND “WITH ALL FAULTS” UNLESS OTHERWISE SPECIFIED IN WRITING BY THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCITY.

Disclaimer. EXCEPT FOR AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15STRATEGIC ALLIANCE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPRODUCT ORIGINATING PARTY DISCLAIMS (AND PRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGWRITTEN OR ORAL, BUT NOT LIMITED TOINCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE ORIGINATING PARTY PRODUCTS, OR INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF OR OTHER USE OF THE SERVICES REMAINS WITH SUBSCRIBERORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. THERE IS WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING LIABILITY ARISING FROM ANY ACTION SECURITY INCIDENT OR INACTION OF SUBSCRIBER DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR ANY THIRD PARTIES; OR FEATURES (cINCLUDING “PATCHES,” FIXES AND UPDATES) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF FOR THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES ORIGINATING PARTY PRODUCTS PROVIDED OR CONTROLLED MADE AVAILABLE BY THIRD PARTIESPRODUCT ORIGINATING PARTY TO PRODUCT SELLING PARTY. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.4.2

Disclaimer. EXCEPT FOR PROVIDER, ITS AFFILIATES AND SUPPLIERS (COLLECTIVELY, “PROVIDER PARTIES”) MAKE NO WARRANTIES WHATSOEVER AND PROVIDE THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15SOFTWARE, LICENSED DATA, PROVIDER SITE, DOCUMENTATION, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT PROVIDER PARTIES HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE, AVAILABILITY, USAGE OF TRADE, ACCURACY OF INFORMATIONAL CONTENT AND SYSTEM INTEGRATION. PROVIDER DOES NOT WARRANT THE OPERATION OF THE SERVICES IS TO BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE OR HARDWARE PRODUCTS OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF BEING CORRECTED. EXCEPT AS PROVIDED HEREFURTHERMORE, PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH OR THE RESULTS OBTAINED THEREFROM OR THAT THE SERVICES WILL SATISFY SUBSCRIBER’S REQUIREMENTS. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. IS AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNETRISK. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA PROVIDER DOES NOT GUARANTEE THAT SUCH EVENTS WILL WARRANT AND IS NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THIRD PARTY PRODUCTS OR RELATED TO SUCH EVENTSSERVICES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, CLIENT WILL LOOK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE OWNER AND NOT COLUMBUS FOR ANY PROBLEMS WITH THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF SOFTWARE. COLUMBUS DOES NOT MAKE ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, WITH RESPECT TO THE SOFTWARE OR THAT THE SOFTWARE WILL MEET ANY CLIENT REQUIREMENTS OR THAT ITS OPERATION OF THE SERVICES IS OR USE WILL BE ERROR-FREE, AND COLUMBUS MAKES NO WARRANTIES REGARDING THE VALIDITY, ACCURACY OR ENFORCEABILITY OF (I) ANY OUTCOME PURPORTED TO BE GENERATED OR ENTERED INTO USING THE SOFTWARE OR (II) ANY DATA OR OTHER INFORMATION TO BE TRANSFERRED OR PROCESSED USING THE SOFTWARE. EXCEPT AS PROVIDED HEREIN NO EVENT SHALL COLUMBUS BE HELD LIABLE FOR ANY LOST PROFITS, THE ENTIRE RISK AND LIABILITY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR COST OF SUBSTITUTE GOODS OR SERVICE, ARISING OUT OF THIS ORDER FORM OR CLIENT’S USE OR MAINTENANCE OF THE SERVICES REMAINS SOFTWARE, EVEN IF COLUMBUS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COLUMBUS BE HELD LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY CLIENT TO COLUMBUS UNDER THIS ORDER FORM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. COLUMBUS SHALL NOT BE HELD TO ANY LIABILITY WITH SUBSCRIBERRESPECT TO ANY CLAIM BY A THIRD PARTY ON ACCOUNT OF OR ARISING FROM THE USE OR MAINTENANCE OF THE SOFTWARE. THERE IS EXCEPT TO THE EXTENT COVERED BY A SEPARATE AGREEMENT WITH CLIENT WHEREBY COLUMBUS HAS BEEN RETAINED FOR SUCH SERVICES, COLUMBUS ASSUMES NO WARRANTY RESPONSIBILITY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE THE INTEROPERABILITY OF NWEATHE SOFTWARE WITH ANY OF CLIENT’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION EXISTING SOFTWARE, ALL OF SUBSCRIBER WHICH SHALL BE THE RESPONSIBILITY OF CLIENT OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED IMPLEMENTATION PARTNER RETAINED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCLIENT.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY SET FORTH IN THIS AGREEMENT INCLUDING WITHOUT LIMITATION SECTION 1510 (WARRANTY) OF EXHIBIT A, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPEOPLEPC AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE RELATING TO ANY OF THE GOODS, BUT NOT LIMITED TOSERVICES OR INFORMATION PROVIDED OR MADE AVAILABLE UNDER THIS AGREEMENT, ANY AND PEOPLEPC AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; PURPOSE, NON- INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. ALL SOFTWARE IS LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTY AND INTERNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEOPLEPC AND ITS SUPPLIERS DO NOT WARRANT THAT (iiiI) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF PEOPLEPC SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE; (II) PEOPLEPC SOLUTIONS WILL MEET THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREELIGIBLE EMPLOYEES' REQUIREMENTS; (III) THE PEOPLEPC SOLUTIONS WILL OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY THE END USER; (IV) THAT ALL SOFTWARE ERRORS WILL BE CORRECTED, OR (V) THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE UPTIME OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY INTERNET OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF TELEPHONIC CONNECTIONS NECESSARY TO ACCESS THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSBE AVAILABLE WITHOUT INTERRUPTION.

Disclaimer. EXCEPT FOR AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15STRATEGIC ALLIANCE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPRODUCT ORIGINATING PARTY DISCLAIMS (AND PRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGWRITTEN OR ORAL, BUT NOT LIMITED TOINCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE ORIGINATING PARTY PRODUCTS, OR INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF OR OTHER USE OF THE SERVICES REMAINS WITH SUBSCRIBERORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. THERE IS WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING LIABILITY ARISING FROM ANY ACTION SECURITY INCIDENT OR INACTION OF SUBSCRIBER DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR ANY THIRD PARTIES; OR FEATURES (cINCLUDING “PATCHES,” FIXES AND UPDATES) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF FOR THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES ORIGINATING PARTY PRODUCTS PROVIDED OR CONTROLLED MADE AVAILABLE BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS PRODUCT ORIGINATING PARTY TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPRODUCT SELLING PARTY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES STATED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHIS ARTICLE X, THE SERVICES ARE PROVIDED ON AN “AS-AS IS” WITHOUT BASIS AND THE RECEIPT AND USE OF THE SERVICES BY CLIENT AND ITS AFFILIATES IS AT THEIR OWN RISK AND CTS DISCLAIMS ANY ASSURANCE OR WARRANTY REGARDING THE PAST OR CONTINUED SUPPLY, ACCURACY, CALCULATION OR PUBLICATION OF THE SERVICES AND ANY KINDCTS IP, EITHER AND CTS DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM CLIENT’S USE OF THE SERVICES OR ANY CTS IP. CTS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED (BY OPERATION OF LAW OR OTHERWISE) INCLUDING WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, NON-INFRINGEMENT AND TITLE AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR THAT TRADE PRACTICE, LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS OR LOST PROFITS. NOTWITHSTANDING ANYTHING TO THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERECONTRARY, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY CTS SHALL NOT BE LIABLE FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; PARTY HOSTING OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETOTHER SERVICE PROVIDER INCLUDING WITHOUT LIMITATION, WHICH DEPEND IN LARGE PART ON CONNECTION WITH THE PERFORMANCE OF INTERNET MANAGEMENT OR OTHER SERVICES PROVIDED BY CTS UNLESS CTS IS GROSSLY NEGLIGENT OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS COMMITS AN ACT OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSWILFUL MISCONDUCT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED “AS IS”, AND THAT VIDCRUITER MAKES NO OTHER REPRESENTATIONS AND PROVIDES NO OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING. SPECIFICALLY, BUT WITHOUT LIMITATION, VIDCRUITER DOES NOT LIMITED TOREPRESENT, WARRANT OR OFFER ANY IMPLIED WARRANTIES OF CONDITIONS THAT: (iI) MERCHANTABILITYTHE INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (iiII) FITNESS FOR A PARTICULAR PURPOSE THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR USE; (iii) QUALITY; (iv) PRODUCTIVENESSERROR-FREE; OR (vIII) CAPACITY, DEFECTS WILL BE CORRECTED. INFORMATION SENT OR THAT RECEIVED OVER THE OPERATION INTERNET IS GENERALLY UNSECURE AND VIDCRUITER CANNOT AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING SECURITY OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA COMMUNICATION TO OR FROM NWEA’S NETWORK THE WEBSITE OR OVER SERVICE OR ANY REPRESENTATION OR WARRANTY REGARDING THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED INTERCEPTION BY THIRD PARTIES. AT TIMES, ACTIONS PARTIES OF PERSONAL OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER INFORMATION.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS SET FORTH IN SECTION 153.1(A) AND THIS SECTION 10, NEITHER GT SOFTWARE NOR ITS LICENSORS MAKES ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION, CONDITION, OR AGREEMENT WITH RESPECT TO THE MAXIMUM LICENSED PRODUCTS OR THE SERVICES. GT SOFTWARE AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF LAW ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED AND ALL WARRANTIES OF (i) QUALITY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY; (ii) , OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WHETHER STATUTORY OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYARISING FROM USAGE, CONDUCT, OR COURSE OF TRADE. GT SOFTWARE DOES NOT REPRESENT THAT THE OPERATION OF THE SERVICES IS ERROR-LICENSED PRODUCTS AND DOCUMENTATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS PROVIDED HERE, THAT ALL ERRORS WILL BE CORRECTED, THAT THE ENTIRE RISK AND LIABILITY ARISING OUT OF LICENSED PRODUCTS WILL OPERATE WITH LICENSEE’S OTHER SOFTWARE OR COMPUTING SYSTEMS, OR THAT THE USE OF THE SERVICES REMAINS WITH SUBSCRIBERLICENSED PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS. THERE FURTHER, LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSED PRODUCT IS NO WARRANTY NOT FAULT TOLERANT AND IS NOT DESIGNED OR INTENDED FOR DATA SECURITY USE OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE LICENSING AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS OR “LIFE AND DEATH” ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NWEA’S REASONABLE NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS, AIR TRAFFIC CONTROL; , DIRECT LIFE SUPPORT MACHINES OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SERVICES BASED ON LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, I.E. “CRITICAL CONTROL APPLICATIONS”. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR, AND SHALL INDEMNIFY AND HOLD GT SOFTWARE HARMLESS FOR ANY USE OR INCORPORATION OF THE FLOW OF DATA TO LICENSED PRODUCT WITH, OR FROM NWEAINTO, LICENSEE’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS PRODUCTS PERFORMING ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCRITICAL CONTROL APPLICATIONS.

Disclaimer. THE LICENSED MATERIALS AND ANY SERVICES ARE PROVIDED “AS IS,” AND EXCEPT FOR THE EXPRESS LIMITED WARRANTY WARRANTIES PROVIDED IN SECTION 158.1, FORTIFY AND ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. NEITHER FORTIFY NOR ANY OF ITS SUPPLIERS WARRANT THAT THE LICENSED MATERIALS OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY THAT FORTIFY CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK SCOPE AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS DURATION OF SUCH THIRD PARTIES CAN IMPAIR WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN SECTION 8.1. LICENSEE’S SOLE REMEDY FOR BREACH OF SUCH EXPRESS WARRANTIES SHALL BE AN ERROR CORRECTION OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSREFUND AS SET FORTH IN SECTION 8.1.

Disclaimer. EXCEPT THE LIMITED WARRANTY SET FORTH IN THIS SECTION IS MADE FOR THE EXPRESS LIMITED WARRANTY BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES SCRATCHD2 SERVICE, SCRATCHD2 SYSTEM AND DOCUMENTATION ARE PROVIDED “AS-"AS IS” WITHOUT WARRANTY OF ANY KIND," AND SCRATCHD2 MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, EITHER EXPRESS REPRESENTATIONS, OR IMPLIEDCONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY; (ii) , TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR USE; INABILITY TO USE THE SCRATCHD2 SERVICE, SCRATCHD2 SYSTEM OR DOCUMENTATION (iiiIN WHOLE OR IN PART) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY OTHER PRODUCTS OR SERVICES PROVIDED TO SUBSCRIBER BY SCRATCHD2. SCRATCHD2 DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT THE OPERATION OF THE SERVICES IS SCRATCHD2 SERVICE AND SCRATCHD2 SYSTEM SHALL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. EXCEPT AS PROVIDED HERESOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE SO SOME OF THE SERVICES REMAINS WITH ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT THE SERVICE AND THE VELOCIFY TECHNOLOGY (OTHER THAN AS SET OUT IN 9.1) AND THIRD PARTY APPLICATIONS ARE PROVIDED “AS IS.” CUSTOMER ASSUMES FULL RESPONSIBILITY FOR USE OF THE EXPRESS LIMITED SERVICE. VELOCIFY AND ITS LICENSORS DO NOT WARRANT THE SERVICE OR THIRD PARTY APPLICATIONS WILL BE ERROR FREE, WILL MEET CUSTOMER REQUIREMENTS OR EXPECTATIONS, OR THE PERFORMANCE OR THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICE OR THIRD PARTY APPLICATIONS. VELOCIFY AND ITS LICENSORS MAKE NO WARRANTY PROVIDED IN SECTION 15OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDVELOCIFY AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; USAGE OF TRADE. VELOCIFY AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR THIRD PARTY APPLICATIONS WILL BE UNINTERRUPTED OR (vOTHER THAN AS SET OUT IN 9.1) CAPACITYFREE OF HARMFUL COMPONENTS, OR THAT THE OPERATION CUSTOMER DATA STORED WITHIN THE SERVICE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WITH THE EXCEPTION OF THE SERVICES IS ERROR-FREESLA, VELOCIFY SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS VELOCIFY’S LICENSORS SHALL HAVE NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSRESPONSIBILITY HEREUNDER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS OTHERWISE PROVIDED IN SECTION 15HEREIN (E.G. SECTIONS 9.6, TO THE MAXIMUM EXTENT PERMITTED 9.7 and 9.8 REPRESENTATIONS, WARRANTIES AND INDEMNIFICATIONS) The INTELLECTUAL PROPERTY Rights LICENSED HEREUNDER are provided BY APPLICABLE LAWROCHE "as is where is" and ROCHE MAKES NO, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDAND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGCONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR USEANY PRODUCT; (iiib) QUALITYTHE COMMERCIAL SUCCESS OF ANY PRODUCT; (ivc) PRODUCTIVENESSTHE EXISTENCE, VALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (vf) CAPACITYTHE ACCURACY, UTILITY OR SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO IGEN HEREUNDER. THE PARTIES SPECIFICALLY AGREE THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK NEITHER PARTY SHALL BE SUBJECT TO AND LIABILITY THAT EACH DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF USE BREACH OF WARRANTY, AND (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT OR (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OTHERWISE), EVEN THOUGH A PARTY MAY HAVE BEEN ADVISED OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES CAN IMPAIR (WHETHER PURSUANT TO JUDGMENT OR DISRUPT SUBSCRIBER’S CONNECTIONS SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER PARTY HEREUNDER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY ALL EA SERVICES, SOFTWARE AND OTHER OKTA MATERIALS PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES OKTA ARE PROVIDED TO CUSTOMER “AS-IS” WITHOUT WARRANTY OF ANY KINDAND OKTA MAKES NO, EITHER AND DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDINGIN CONNECTION WITH THIS AGREEMENT, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. OKTA DOES NOT REPRESENT OR WARRANT THAT THE EA SERVICES WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS OR IN A SECURE MANNER. THE EA SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OKTA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY LOSS OF DATA OR DAMAGES RESULTING THEREFROM. THE EA SERVICES MAY CONTAIN INDEPENDENT THIRD PARTY PRODUCTS AND RELY ON THEM TO PERFORM CERTAIN FUNCTIONALITY IN CONNECTION WITH THE EA SERVICES. OKTA MAKES NO WARRANTY AS TO THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; PARTY PRODUCTS OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSTHE ACCURACY OF ANY THIRD PARTY INFORMATION. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO NO ORAL OR FROM NWEA’S NETWORK WRITTEN INFORMATION OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED ADVICE GIVEN BY OKTA OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS ITS AUTHORIZED REPRESENTATIVES WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS CREATE ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSWARRANTY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED OTHERWISE IN SECTION 15, THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PRODUCT AND SERVICES ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY OF AND CYBERARTS DOES NOT MAKE ANY KINDWARRANTIES WHATSOEVER, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE LICENSED PRODUCT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT, ANY INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR, EXCEPT AS STATED IN THIS AGREEMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CYBERARTS DOES NOT WARRANT THAT (I) THE LICENSED PRODUCT PROVIDED UNDER THIS AGREEMENT MEETS ANY GAMBLING LAWS, RULES, AND/OR USEREGULATIONS AND PERFORMS ANY AGE VERIFICATION; (iiiII) QUALITY; (iv) PRODUCTIVENESS; THE LICENSED PRODUCT WILL MEET WPT’S REQUIREMENTS OR (vIII) CAPACITYTHE LICENSED PRODUCT WILL BE ERROR FREE AND/OR OPERATE WITHOUT INTERRUPTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THAT SO THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA ABOVE LIMITATION MAY NOT APPLY TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSWPT.

Disclaimer. EXCEPT FOR Nepoware has provided links and pointers to Internet sites maintained by third parties. Neither Nepoware, nor its affiliates operate or control in any respect any information, products or services on these third-party sites. THE EXPRESS LIMITED WARRANTY PROVIDED MATERIALS IN SECTION 15, TO THIS SITE AND THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES THIRD-PARTY SITES ARE PROVIDED “AS-"AS IS” " AND WITHOUT WARRANTY WARRANTIES OF ANY KINDKIND EITHER EXPRESS OR IMPLIED. NEPOWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PARTICUALR PURPOSE. NEPOWARE DOES NOT WARRANT THAT THE FUNCTIONS OF ITS PRODUCTS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; SERVICES WILL BE UNINTERRUPTED OR (v) CAPACITYERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE OPERATION SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HAMFUL COMPONENTS. NEPOWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERMATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. THERE IS NO WARRANTY FOR DATA SECURITY YOU (AND NOT NEPOWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSCORRECTION. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESLimitation of Liability. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNETFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,IN ADDITION TO THE ABOVE DISCLAIMERS, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL NEPOWARE, ITS SUBSIDIARY OR AFFILIATES, SUPPLIERS, LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE NEPOWARE PRODUCT, MATERIALS OR SERVICES. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS IF YOU ARE DISSATISFIED WITH ANY MATERIAL, OR WITH, ANY OF NEPOWARE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REMEDY DISCONTINUE USING THE NEPOWARE PRODUCT AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSSERVICES.

Disclaimer. EXCEPT FOR Contractor and its third party suppliers do not warrant that any Product will meet City’s requirements or that access to the Product, or the operation of the Product, will be uninterrupted, error-free, that all errors will be timely corrected, or that the data and/or reports generated by the Product will be accurate in the event that any third party information providers have provided inaccurate information. THE EXPRESS LIMITED WARRANTY WARRANTIES EXPRESSLY PROVIDED IN SECTION 15THIS ADDENDUM AND THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT NON-INFRINGEMENT, WHICH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. NO REPRESENTATIVE OF CONTRACTOR SHALL HAVE THE OPERATION RIGHT TO MAKE WARRANTIES ON CONTRACTOR’S BEHALF UNLESS THOSE WARRANTIES ARE IN WRITING AND EXECUTED BY A DULY AUTHORIZED OFFICER OF CONTRACTOR. EXCEPT WITH RESPECT TO THEIR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, ARISING IN ANY WAY OUT OF THIS ADDENDUM UNDER ANY CAUSE OF ACTION, WHETHER OR NOT THE CONTRACTOR HAS BEEN ADVISED OF THE SERVICES IS ERROR-FREEPOSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROVIDED HERE, THSES LIMITATIONS SHALL APPLY NOTWITHSTANDING THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE FAILURE OF THE SERVICES REMAINS WITH SUBSCRIBERESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA THIS SECTION DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIMIT LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFOR BODILY INJURY OF A PERSON.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 11 (“LIMITED WARRANTIES”) ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXCLUSIVE AND THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND NUANCE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; NON-INFRINGEMENT AND TITLE. NUANCE DOES NOT GUARANTEE THAT THE SOFTWARE, EQUIPMENT OR (v) CAPACITYSERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE OPERATION SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. NUANCE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD-PARTY SOFTWARE OR ANY THIRD-PARTY EQUIPMENT. UNDER NO CIRCUMSTANCES SHALL NUANCE'S THIRD-PARTY SUPPLIERS OF ANY COMPONENT OF THE NUANCE SOFTWARE, HOSTED SERVICES IS ERROROR NUANCE EQUIPMENT BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY DAMAGES, DIRECT OR OTHERWISE, ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE PARTY SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFOREGOING SENTENCE.

Disclaimer. SISW MAKES NO WARRANTIES EXCEPT FOR THE EXPRESS LIMITED WARRANTY WARRANTIES PROVIDED IN SECTION 15THIS AGREEMENT. REPRESENTATIONS ABOUT SUBSCRIPTION OFFERINGS OR FEATURES OR FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNOT A WARRANTY OR GUARANTEE. SISW DISCLAIMS ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SISW DOES NOT WARRANT THAT (A) ALL REPORTED ERRORS WILL BE CORRECTED OR USE; ALL SUPPORT REQUESTS WILL BE RESOLVED TO MEET CUSTOMER’S NEEDS, (iiiB) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER SUBSCRIPTION OFFERINGS OR ANY THIRD PARTIES; PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, FAIL-SAFE, FAULT-TOLERANT OR FREE OF HARMFUL COMPONENTS, (cC) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO ANY CONTENT, INCLUDING CUSTOMER CONTENT AND THIRD PARTY CONTENT, WILL BE SECURE OR FROM NWEA’S NETWORK NOT OTHERWISE LOST OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSDAMAGED.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED SOFTWARE AND ANY ANYLOGIC MATERIALS FURNISHED BY APPLICABLE LAW, THE SERVICES ANYLOGIC UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS-AS IS” BASIS, WITHOUT WARRANTY OF ANY KINDWARRANTIES OR REPRESENTATIONS EXPRESS, EITHER EXPRESS IMPLIED OR IMPLIED, STATUTORY; INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ANYLOGIC DOES NOT WARRANT THAT THE SOFTWARE AND ANY ANYLOGIC MATERIALS WILL MEET LICENSEE’S NEEDS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYREQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES IS ERROR-SOFTWARE AND ANY ANYLOGIC MATERIALS WILL BE ERROR FREE. EXCEPT AS PROVIDED HEREANY WARRANTIES IMPLIED BY LAW, BY THE ENTIRE RISK AND LIABILITY ARISING OUT COURSE OF DEALING BETWEEN THE PARTIES, OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ANYLOGIC DOES NOT WARRANT THAT THE USE OF THE SERVICES REMAINS WITH SUBSCRIBERSOFTWARE ALLOWED HEREUNDER SHALL RESULT IN ANY PARTICULAR LEVEL OR TYPE OF FINANCIAL RESULTS FOR LICENSEE. THERE IS NO WARRANTY THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF DETERMINING THE SERVICES BASED ON CONSIDERATION CHARGED FOR THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES LICENSES AND OPPORTUNITIES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSHEREUNDER.

Disclaimer. EACH PARTY AGREES THAT IN ENTERING INTO THIS AGREEMENT IT HAS NOT RELIED UPON ANY ADVICE, INFORMATION, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE OTHER PARTY OR ELSEWHERE AND THAT NO WARRANTY OR WARRANTIES EXIST BEYOND THOSE EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY AND SPECIFICALLY PROVIDED IN SECTION 15THIS AGREEMENT: (A) CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE SERVICES, CONTENT, AND DERIVATIVE WORKS FOR CONCLUSIONS DRAWN FROM SUCH USE; (B) HUDL AND ITS AFFILIATES SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, RAW DATA OR CONTENT, ANY INSTRUCTIONS, SCRIPTS, OR CUSTOMER MATERIALS PROVIDED TO HUDL OR ITS AFFILIATES BY CUSTOMER IN CONNECTION WITH THE SERVICES, CONTENT AND DERIVATIVE WORKS, OR ANY ACTIONS TAKEN BY HUDL OR ITS AFFILIATES AT CUSTOMER’S DIRECTION; (C) NO WARRANTY OF ANY KIND THAT THE SERVICES OR CONTENT WILL MEET CUSTOMER’S REQUIREMENTS IS MADE OR GIVEN; (D) ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED FROM THIS AGREEMENT; AND (E) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8, THE SERVICES SERVICES, AND CONTENT ARE PROVIDED TO CUSTOMER ON AN “AS-AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREEBASIS.‌ 9. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.MUTUAL INDEMNIFICATION.‌

Disclaimer. EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS SECTION 8, VIRTUAL FACILITY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES RELATING TO OR CONCERNING THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15PLATFORM, SOFTWARE, SERVICES, VIRTUAL FACILITY SYSTEM, CONNECTIVITY, DOCUMENTATION, THIRD PARTY SOFTWARE, OR OTHERWISE RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHIS AGREEMENT, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDAND VIRTUAL FACILITY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OR CONDITIONS OF (i) MERCHANTABILITY; (ii) , ACCURACY, TITLE, SECURITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE. WITHOUT LIMITING THE FOREGOING, VIRTUAL FACILITY MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SERVICES IS SERVICES, PLATFORM, VIRTUAL FACILITY SYSTEM, SOFTWARE OR CONNECTIVITY WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE. EXCEPT AS PROVIDED HERE, CUSTOMER FURTHER ACKNOWLEDGES THAT THE ENTIRE RISK INTERNET IS NOT A SECURE MEDIUM AND LIABILITY ARISING IS SUBJECT TO INTERRUPTION AND DISRUPTION. TRANSMISSION OF INFORMATION AND DATA VIA THE INTERNET IS OUT OF USE VIRTUAL FACILITY’S CONTROL. VIRTUAL FACILITY IS NOT RESPONSIBLE FOR ANY INTERCEPTION OR CORRUPTION OF INFORMATION OR DATA DURING ANY TRANSMISSION OVER THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER INTERNET OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S RELATED TELECOMMUNICATIONS NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE AT ANY CUSTOMER NETWORK ACCESS POINT OR ANY PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBERCUSTOMER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSSYSTEMS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY API IS PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “ON AN AS-IS” WITHOUT WARRANTY OF IS BASIS AND CUSTOMER’S USE THEREOF IS AT ITS OWN RISK. SUPPLIER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY KINDAND ALL OTHER EXPRESS, EITHER EXPRESS OR IMPLIEDSTATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR THAT TRADE PRACTICE. NO AGENT OF SUPPLIER IS AUTHORIZED TO ALTER OR EXPAND THE OPERATION WARRANTIES OF SUPPLIER AS SET FORTH HEREIN. SUPPLIER DOES NOT WARRANT THAT: (A) THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS API WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH SUBSCRIBERANY NON-SUPPORTED HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE API WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; OR, (C) THE API WILL BE ERROR-FREE OR THAT ERRORS OR DEFECTS IN THE API WILL BE CORRECTED. THERE USE OF THE API MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SUPPLIER IS NO WARRANTY NOT RESPONSIBLE FOR DATA SECURITY ANY DELAYS, DELIVERY FAILURES, OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) OTHER DAMAGES RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPROBLEMS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDSIGNATORY AND EACH PARTICIPANT MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY INFORMATION, BUT NOT LIMITED TO, ANY TEST RESULTS OR CONFIDENTIAL INFORMATION DISCLOSED AT THE PLUGFEST. SIGNATORY AND EACH PARTICIPANT SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. SUCH INFORMATION, TEST RESULTS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; CONFIDENTIAL INFORMATION IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. LIMITATION OF LIABILITY EXCEPT WITH RESPECT TO SECTION 5, IN NO EVENT SHALL CTA OR (v) CAPACITYANY PARTICIPANT HAVE ANY LIABILITY TO ANY OTHER PARTICIPANT OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREFOR ANY INDIRECT, THE ENTIRE RISK AND LIABILITY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE SERVICES REMAINS WITH SUBSCRIBERPOSSIBILITY OF SUCH DAMAGE. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE SERVICES BASED ON THE FLOW ESSENTIAL PURPOSE OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSLIMITED REMEDY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15AS EXPRESSLY REPRESENTED AND/OR WARRANTED UNDER THIS AGREEMENT, DOTMATICS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED ENFORCEABLE BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDAND ALL OTHER WARRANTIES, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT WITHOUT LIMITATION,ANY WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESSFOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, NON- INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND ANY OTHER WARRANTIES THAT MAY OTHERWISE BE IMPLIED. CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING DOTMATICS OFFERINGS TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE USE OF, AND RESULTSOBTAINED FROM, THE DOTMATICS OFFERINGS. WITHOUT LIMITING THE FOREGOING PROVISION, DOTMATICS DOES NOT LIMITED WARRANT THAT THE DOTMATICS OFFERINGS WILL BEERROR-FREE OR THAT USE OF, OR ACCESS TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYSUCH DOTMATICS OFFERINGS WILL BE UNINTERRUPTED, THAT DOTMATICS WILL CORRECT ALL SOFTWARE DEFECTS, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED DOTMATICS OFFERINGS WILL MEET &86720(5¶6 5(48N,O5W(A0R(RA1N7TI6ES ARE MADE ON THE FLOW BASIS OF DATA TO COURSE OF PERFORMANCE, COURSE OR FROM NWEA’S NETWORK DEALING, OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTRADE USAGE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY THIS SOFTWARE IS PROVIDED IN SECTION 15BY STMICROELECTRONICS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STMICROELECTRONICS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE; (iii) QUALITY; (iv) PRODUCTIVENESS, DATA, OR PROFITS; OR (vBUSINESS INTERRUPTION) CAPACITYHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR THAT THE OPERATION TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE SERVICES IS ERROR-FREEUSE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SLA0051 - Rev 3 - May 2020 For further information contact your local STMicroelectronics sales office. xxx.xx.xxx EXCEPT AS PROVIDED HEREEXPRESSLY PERMITTED HEREUNDER, THE ENTIRE RISK AND LIABILITY ARISING OUT NO LICENSE OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, ARE GRANTED UNDER ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER STMICROELECTRONICS OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSPARTY. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESRevision history Table 1. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNETDocument revision history Date Version Changes 11-Sep-2015 1 Initial release. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR25-Feb-2016 2 Corrected DocID on the cover page. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSLeft-aligned main heading.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 1519 (LIMITED WARRANTY), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNETINTERNET (OR PORTIONS THEREOF). ALTHOUGH NWEA USES SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED FOREGOING WARRANTIES BY EACH PARTY CONCERNING THE SERVICES, ANY DELIVERABLES AND ANY WORK PRODUCT, ARE IN SECTION 15LIEU OF ALL OTHER WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY TO IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYSET-OFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR THAT THE OPERATION PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of liability EXCEPT WITH RESPECT TO EACH PARTY’S INDEMNITY OBLIGATIONS DESCRIBED IN SECTION 8, EACH PARTY’S LIABILITY TO THE OTHER PARTY FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR ANY OTHER LEGAL THEORY, SHALL AT ALL TIMES AND IN THE AGGREGATE BE LIMITED TO AN AMOUNT OF FIFTY PERCENT (50%) OF THE FEES PAID TO PROVIDER BY CLIENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING IN WHICH THE EVENT THE LIABILITY IS PREDICATED FOR SERVICES IS ERRORPROVIDED BY PROVIDER HEREUNDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED OR IMPLIED HEREIN, PROVIDER SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER RELATING TO THE TOOLS, THIRD-FREEPARTY PRODUCTS, OR ANY GOODS OR SERVICES NOT DEVELOPED OR PROVIDED BY PROVIDER. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY CLIENT'S EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL BE FOR PROVIDER, UPON RECEIPT OF WRITTEN NOTICE PURSUANT, TO USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY CURE THE BREACH AT ITS EXPENSE, AND AVOID SUCH EVENTSFAILING THAT, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR THE RETURN OF FEES PAID TO PROVIDER FOR THE WORK RELATED TO SUCH EVENTS.THE BREACH IN ACCORDANCE WITH THIS SECTION 10. In no event shall either Party be liable for consequential, incidental or punitive loss, damage or expenses (including but not limited to business interruption, lost business, or lost savings) even if it has been advised of their possible existence. Any action by either Party must be brought within two (2) years after the cause of action arose. The allocations of liability in this Section 10 represent the agreed and bargained-for understanding of the parties and Provider’s compensation for the Services reflects such allocations. Definitions

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED SOFTWARE WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT 8.2 AND AS PERMITTED BY APPLICABLE LAW, THE SERVICES LICENSED PRODUCT (INCLUDING THE DOCUMENTATION, LICENSED SOFTWARE, LICENSED CONTENT AND ANY THIRD-PARTY APPLICATIONS) ARE PROVIDED “AS-AS IS,” WITHOUT WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS AND CEPOS INSILICO HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGRELATING TO THE LICENSED PRODUCT AND THIRD-PARTY APPLICATIONS, BUT NOT LIMITED TO, ANY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT THE OPERATION AND NON-INFRINGEMENT OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK THIRD PARTY RIGHTS AND LIABILITY ANY IMPLIED WARRANTIES ARISING OUT OF USE COURSE OF PERFORMANCE OR COURSE OF DEALING. CEPOS INSILICO DOES NOT REPRESENT OR WARRANT THAT THE LICENSED PRODUCT AND THIRD-PARTY APPLICATIONS WILL BE UNINTERRUPTED OR ERROR- FREE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY REGARDING THE USE, OR THE RESULTS OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE USE, OF THE SERVICES BASED ON THE FLOW LICENSED PRODUCT AND THIRD-PARTY APPLICATIONS IN TERMS OF DATA TO ACCURACY, CORRECTNESS, RELIABILITY, OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHERWISE.

Disclaimer. EXCEPT THE ASSIGNOR AND ASSIGNEE NAMED IN SECTIONS 1 AND 2 OF THIS INSTRUMENT EACH ACKNOWLEDGE THAT THE LEASE MAY PROVIDE FOR THE EXPRESS LIMITED WARRANTY PAYMENT OF ADDITIONAL RENT PERIODICALLY ON AN ESTIMATED BASIS (INCLUDING PROPERTY OPERATING EXPENSES) WITH ADJUSTMENT TO ACTUAL AMOUNTS DUE AS SPECIFIED IN THE LEASE. NOTWITHSTANDING ANY ESTIMATE OR ALLOCATION OF SUCH AMOUNTS PROVIDED IN SECTION 15BY LANDLORD TO ASSIGNOR AND ASSIGNEE TO FACILITATE THE TRANSFER PROVIDED FOR HEREIN, ASSIGNOR AND ASSIGNEE UNDERSTAND AND ACKNOWLEDGE THAT (1) ANY SUCH ESTIMATE OR ALLOCATION IS ONLY AN ESTIMATE BY LANDLORD AND IS NOT INTENDED AS AND SHALL NOT BE CONSTRUED AS A LIMITATION OR CEILING UPON THE ACTUAL AMOUNTS WHICH MAY BE DUE, (2) AS RESPECTS LANDLORD, ASSIGNEE SHALL BE SOLELY RESPONSIBLE FOR ANY ADDITIONAL AMOUNTS OF ADDITIONAL RENT DUE TO THE MAXIMUM EXTENT PERMITTED LANDLORD BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY VIRTUE OF SUCH ADJUSTMENTS AND SHALL BE SOLELY ENTITLED TO ANY REFUNDS OR CREDITS RESULTING FROM SUCH ADJUSTMENTS AND (3) ANY PRORATION OF ANY KINDSUCH AMOUNTS BETWEEN ASSIGNOR AND ASSIGNEE SHALL BE STRICTLY BETWEEN THEM, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT AND LANDLORD NEED NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSBE CONCERNED THEREWITH.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS PROVIDED IN SECTION 152.4 AND SECTION 2.6, NEHANET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY AS TO THE, TIMELINESS, , SUITABILITY, OR ACCURACY OF THE SERVICE. NEHANET DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET COMPANY'S REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY COMPANY THROUGH THE SERVICE WILL MEET COMPANY'S REQUIREMENTS OR EXPECTATIONS, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO COMPANY STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED LAW BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSNEHANET.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN THIS SECTION 156, NEITHER IONIC NOR OUR LICENSORS OR SUBCONTRACTORS MAKES ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, TO THE OTHER OR ANY THIRD PARTY REGARDING THE PLATFORM, INCLUDING THE HOSTED SERVICES OR SOFTWARE, OR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT IONIC AND OUR LICENSORS AND SUBCONTRACTORS EXPRESSLY EXCLUDE ANY IMPLIED WARRANTY OF ANY KINDNON- INFRINGEMENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY AND ANY OTHER WARRANTY THAT MIGHT ARISE FROM COURSE OF DEALING OR USE; USAGE OF TRADE REGARDING THE PLATFORM OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (iiiA) QUALITY; (iv) PRODUCTIVENESSYOUR USE OF THE PLATFORM, INCLUDING THE HOSTING SERVICES AND SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR (vB) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREEWILL MEET YOUR OR YOUR AUTHORIZED USER'S REQUIREMENTS OR EXPECTATIONS. EXCEPT AS PROVIDED HERETHE PLATFORM, INCLUDING THE ENTIRE RISK HOSTED SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND LIABILITY ARISING OUT OF OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY INTERNET AND ELECTRONIC COMMUNICATIONS THAT ARE PROVIDED BY THIRD PARTIES OTHER THAN US OR OUR SUBCONTRACTORS, AND WE ARE NOT RESPONSIBLE FOR DATA SECURITY ANY DELAYS, DELIVERY FAILURES, OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) OTHER DAMAGES RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSSUCH PROBLEMS. NWEA CANNOT CONTROL PERFORMANCE THIS AGREEMENT IS A SERVICE AGREEMENT, AND THE PROVISIONS OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES UNIFORM COMMERCIAL CODE THEREFORE SHALL NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAPPLY.

Disclaimer. EXCEPT FOR THE SYSTEM AND ALL SERVICES RENDERED IN CONNECTION WITH IT ARE PROVIDED "AS IS." WELLPOINT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15OR IMPLIED, RELATING TO THE MAXIMUM SYSTEM AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE GREATEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY WELLPOINT EXPRESSLY DISCLAIMS ALL LIABILITY OF ANY KINDKIND ARISING FROM OR IN CONNECTION WITH (i) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', EITHER EXPRESS AS APPLICABLE) ACTIONS IN USING AND/OR IMPLIEDOPERATING THE SYSTEM, (ii) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', AS APPLICABLE) UNAUTHORIZED ACCESS TO THE SYSTEM, AND (iii) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', AS APPLICABLE) BREACH OF ANY MATERIAL OBLIGATION CONTAINED IN THIS AGREEMENT. WELLPOINT SHALL NOT BE LIABLE FOR ANY DAMAGES FOR EXPENSES RESULTING FROM ERRONEOUS OR FAILED TRANSMISSIONS OR LOST DATA, INCLUDING, BUT NOT LIMITED LIMTIED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREELOST PROFIT. EXCEPT AS PROVIDED HEREFOR INDEMNIFICATION CLAIMS UNDER SECTION 9.1 ABOVE, THE ENTIRE RISK AND LIABILITY IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OR RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSDAMAGES.

Disclaimer. EXCEPT FOR THE ANY EXPRESS LIMITED WARRANTY PROVIDED IN WARRANTIES SET FORTH UNDER SECTION 157.1, GRYPHON AND ITS SUPPLIERS HEREBY DISCLAIM ALL (AND HAVE NOT AUTHORIZED ANYONE TO MAKE ANY) WARRANTIES RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICE, THE PROFESSIONAL SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR OTHER SUBJECT MATTER OF ANY KINDTHIS AGREEMENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES ARE NOT RELYING AND HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED, EXCEPT FOR THE WARRANTIES SET FORTH UNDER SECTION 7.1. GRYPHON MAKES NO WARRANTY REGARDING ANY NON-GRYPHON APPLICATION WITH WHICH THE SERVICE MAY INTEROPERATE. GRYPHON SHALL HAVE NO OBLIGATION TO THE EXTENT THAT ANY DEFICIENCY OR FAILURE OF A SERVICE IS CAUSED BY (i) MERCHANTABILITYIMPROPER USE OR OPERATION OF THE SERVICE BY CUSTOMER; (ii) FITNESS FOR A PARTICULAR PURPOSE CUSTOMER’S REFUSAL OR USEDELAY TO IMPLEMENT UPGRADES TO THE SERVICES AS PROVIDED BY GRYPHON; (iii) QUALITY; (iv) PRODUCTIVENESS; FAILURE OR (v) CAPACITYMALFUNCTION OF ANY ELECTRONIC, TECHNOLOGY OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY TELECOMUNICATIONS EQUIPMENT OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEARESOURCE NOT UNDER GRYPHON’S REASONABLE SOLE CONTROL; OR (biv) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA CUSTOMER REQUESTED MODIFICATION, CHANGE TO OR FROM NWEA’S NETWORK ALTERATION OF ANY GRYPHON SERVICE DEFAULT CONFIGURATION, SETTING, PROCESS OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFUNCTIONALITY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS PROVIDED IN SECTION 15THIS ARTICLE 8, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE DYADIC MATERIALS, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY PRODUCTION STRAINS, AND COMPONENTS OF THE DYADIC MATERIALS AND PRODUCTION STRAINS, OR ANY KINDDERIVATIVES OR MODIFICATIONS OF THE FOREGOING, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ALL WARRANTIES AND CONDITIONS OF THE VALIDITY OF THE LICENSED PATENTS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THIS SECTION 8.3 SHALL NOT BE CONSTRUED TO LIMIT EITHER PARTY’S OBLIGATIONS UNDER ARTICLE 7. DYADIC SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR (v) CAPACITY, OR WARRANTY THAT THE OPERATION DYADIC MATERIALS, PRODUCTION STRAINS, ANY COMPONENTS OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREDYADIC MATERIALS AND PRODUCTION STRAINS, THE ENTIRE RISK AND LIABILITY ARISING OUT ANY DERIVATIVES OR MODIFICATIONS OF USE ANY OF THE SERVICES REMAINS FOREGOING (A) ARE ANYTHING OTHER THAN EXPERIMENTAL IN NATURE, (B) HAVE CHARACTERISTICS THAT ARE ALL KNOWN, AND (C) MAY BE USED OTHER THAN WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY PRUDENCE AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAPPROPRIATE CAUTION.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES EXPRESSLY MADE BY NEOGENESIS IN SECTION 1510.1(a)-(f), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDNEOGENESIS MAKES NO OTHER REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIEDIMPLIED (WHETHER WRITTEN OR ORAL), INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT OF ANY *= CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. THIRD PARTY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS, ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT WITH RESPECT TO THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERENEOMORPH SCREENING LIBRARY, THE ENTIRE RISK NEOMORPH FOCUSED LIBRARIES, QSCD, THE PRELIMINARY COMPOUNDS, THE PRIMARY ACTIVE COMPOUNDS, THE DESIGNATED COMPOUNDS, THE LICENSED PRODUCTS, THE NEOGENESIS TECHNOLOGY, THE SCOPE, VALIDITY OR ENFORCEABILITY OF ANY NEOGENESIS PATENT RIGHTS OR NEOGENESIS' OBLIGATIONS UNDER THIS AGREEMENT. THE REPRESENTATIONS AND LIABILITY ARISING OUT WARRANTIES OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERNEOGENESIS EXTEND ONLY TO CELLTECH AND ITS AFFILIATES. THERE IS NO WARRANTY NEOGENESIS SHALL NOT BE LIABLE FOR DATA SECURITY ANY CLAIM OR PERFORMANCE ISSUES (a) CAUSED DEMAND AGAINST CELLTECH BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY A THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETPARTY, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS EXCEPT TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSEXTENT PROVIDED IN SECTIONS 11.1-11.2.

Disclaimer. Except as otherwise provided in Section III of Exhibit C: (a) Except for the repair or replacement described in this Section E, Supplier shall not be liable for damages of any kind arising out of either the use of Products or their failure to function properly; (b) THE PRODUCT WARRANTY SET FORTH IN THIS AGREEMENT IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED, OR ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW NOW OR HEREAFTER IN EFFECT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, FREEDOM FROM INFRINGEMENT, OR THE LIKE (OTHER THAN AS EXPRESSLY SPECIFIED IN SECTION F), AND ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. SUPPLIER NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY. THE REMEDIES OF THE CUSTOMER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND SUPPLIER IS HEREBY RELEASED FROM ANY LIABILITY IN EXCESS THEREOF. 7. Limitation of Liability. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS OTHERWISE PROVIDED IN SECTION 15III OF EXHIBIT C, (A) IN NO EVENT SHALL SUPPLIER BE LIABLE UNDER THIS WARRANTY FOR ANY LOST PROFITS OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER IN CONTRACT OR IN TORT, IN ANY ACTION, IN CONNECTION WITH THIS AGREEMENT OR ANY PRODUCT, OR SERVICES FURNISHED HEREUNDER: AND (B) SUPPLIER’S MAXIMUM LIABILITY FOR ANY REASON SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED AGGREGATE AMOUNT PAID BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS CUSTOMER FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING PRODUCT OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERWHICH SUCH LIABILITY AROSE. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES F. Customer Responsibilities. The Customer shall have complete responsibility for and operation of Equipment and for obtaining any permits, licenses, and/or certificates which may be required by any regulatory agency for the installation, use or operation of such Equipment. EXHIBIT G ENVIRONMENTAL AND DIVERSITY CONTRACTING DISCLOSURES A. Mercury Reduction. Key Broadlane Customers are committed to minimizing the amount of mercury used in their operation and desire to avoid the acquisition of Products that contain mercury whenever feasible alternatives exist that do not compromise patient care. Supplier must provide information in relation to those Products that contain mercury. o The Products do not contain mercury. þ The Products that contain mercury are identified in Exhibit A, which specifies the amount of mercury contained in each Product that contains mercury and indicates if a feasible mercury-free alternative is available. Supplier must specify the alternative component that is replacing mercury. Note from Supplier: The Cold Cathode Fluorescent Lamps (a“CCFLs”) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODScontain a small amount of mercury, but the CCFLs located in the x.xxx Scan Engine are hermetically sealed and do not contact patients in daily normal use. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESB. Latex Reduction. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNETKey Broadlane Customers are committed to protecting patients and health care workers against exposure to latex and its allergenic properties. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCURSupplier must provide information in relation to those Products that contain latex either in the Products or their packaging. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSþ The Products or their packaging offered in this Agreement do not contain latex.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SPECIFIED IN SECTION 15THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF (1) NEITHER PARTY MAKES ANY KINDWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE LICENSED MATERIALS, SERVICES, BUYER MATERIALS AND BUYER DATA, AND EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, (2) LICENSOR PROVIDES THE LICENSED MATERIALS AND ACCESS TO THE SOFTWARE AND ALL RELATED CONTENT ON AN “AS IS” AND “AS PROVIDED” BASIS. SPECIFICALLY AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OR USECONDITION: (i) THAT ANY SERVICE OR PRODUCT OFFERED BY LICENSOR WILL MEET ANY PARTICULAR REQUIREMENTS, INCLUDING THAT SUCH SERVICES AND PRODUCTS SHALL BE FREE OF SECURITY VULNERABILITIES; (ii) THAT SERVICES OR PRODUCTS OFFERED BY LICENSOR WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS IN ANY PRODUCT WILL BE CORRECTED; OR (iii) QUALITY; (iv) PRODUCTIVENESS; RELATING TO THE ACCURACY OR (v) CAPACITY, OR THAT THE OPERATION RELIABILITY OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF RESULTS OBTAINED THROUGH YOUR USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE SOFTWARE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM LICENSED MATERIALS, ANY ACTION OR INACTION OF SUBSCRIBER MATERIALS OR ANY THIRD PARTIES; COMMUNICATIONS, DATA, INFORMATION, OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY OF THE SERVICES BASED ON FOREGOING. THE FLOW PARTIES AGREE, AND IT IS THEIR INTENTION, THAT IN NO EVENT SHALL ANY WARRANTY PROVIDED BY LAW APPLY UNLESS REQUIRED TO APPLY BY APPLICABLE STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. TO THE EXTENT THAT AIRBYTE CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF DATA TO OR FROM NWEA’S NETWORK OR OVER APPLICABLE LAW, THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS SCOPE AND DURATION OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS WARRANTY SHALL BE LIMITED TO THE INTERNETFULLEST EXTENT PERMITTED BY LAW. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY THE EXTENT THAT A PARTY CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND AVOID DURATION OF SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.LAW..

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES KIDCABOO PROPERTIES IS AT YOUR SOLE RISK, AND THE KIDCABOO PROPERTIES ARE PROVIDED ON AN “AS-AS IS” WITHOUT WARRANTY AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. KIDCABOO AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, IMPLIED (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON- INFRINGEMENT), INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY CAR OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; BOOSTER SEATS THAT MAY BE PROVIDED BY KIDCABOO OR (v) CAPACITY, DRIVING NANNIES OR THAT THE OPERATION INSTALLATION OF SUCH CAR OR BOOSTER SEATS BY DRIVERS. THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ENTIRE RISK AND LIABILITY ARISING OUT ACCURACY OR COMPLETENESS OF USE OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY KIDCABOO PROPERTIES OR FOR DATA SECURITY THE CONDUCT OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO DRIVING NANNIES, ARRANGERS, RIDERS, PARTICIPANTS, OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER USERS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS OTHERWISE EXPRESSLY PROVIDED IN SECTION 15HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OPENSITE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR EXPRESS, IMPLIED, INCLUDINGOR STATUTORY REGARDING THE AUCTION SITE, BUT NOT LIMITED TOTHE SOFTWARE OR ANY SERVICES PROVIDED BY OPENSITE UNDER THIS AGREEMENT. OPENSITE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, ANY IMPLIED WARRANTIES EITHER EXPRESS, IMPLIED, OR STATUTORY, OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE AUCTION SITE, THE SOFTWARE AND ANY SERVICES PERFORMED BY OPENSITE UNDER THIS AGREEMENT. OPENSITE DOES NOT MAKE ANY REPRESENTATIONS OR USEWARRANTIES REGARDING: (I) THE SUCCESS OF ANY AUCTION REQUESTED BY THE CLIENT AND HOSTED BY OPENSITE; (iiiII) QUALITYTHE ACCURACY OR COMPLETENESS OF THE CLIENT CONTENT; (ivIII) PRODUCTIVENESSTHE SECURITY OF THE AUCTION SITE; OR (vIV) CAPACITYTHE QUALITY OR CONTINUITY OF THIRD PARTY TELECOMMUNICATIONS OR INFORMATION SYSTEMS OR SERVICES. THE CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT THE INTERNET IS NOT CONTROLLED, OPERATED, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT OWNED BY A SINGLE ENTITY, AND AS PROVIDED HEREA RESULT, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA OPENSITE DOES NOT GUARANTEE MAKE ANY REPRESENTATION OR WARRANTY THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED CLIENT CUSTOMER SHALL BE ABLE TO SUCH EVENTSACCESS THE AUCTION SITE AT ANY PARTICULAR TIME.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY ZULTYS SERVICES AND EQUIPMENT PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES YOU ARE PROVIDED “AS-"AS IS” WITHOUT WARRANTY OF ANY KIND" AND "AS AVAILABLE" AND ZULTYS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR XXXXXXXX, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR USE; ANY STATE THEREOF OR ANY COUNTRY. ZULTYS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (iii) QUALITY; (iv) PRODUCTIVENESS; INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND EQUIPMENT SHALL BE BORNE SOLELY BY YOU. ZULTYS MAKES NO WARRANTY ON UP-TIME, RESPONSE TIMES, LATENCY, MEAN- TIME BETWEEN FAILURES, QUALITY OF SERVICE, AND/OR (v) CAPACITYQUALITY OF VOICE OR FAX COMMUNICATIONS. ZULTYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR HIGH-RISK OR OTHER ACTIVITIES WHERE FAILURE OF THE SERVICE COULD RESULT IN SERIOUS HARM TO PERSONS OR PROPERTY. ZULTYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR USE AS A REPOSITORY OR MEANS BY WHICH TO STORE PHI ON A NON-TEMPORARY BASIS OR FOR USE BY A HIPAA-COVERED ENTITY TO TRANSMIT, RECEIVE, OR STORE PHI WITHOUT ACTIVATION OF THE ZULTYS HIPAA CONDUIT SETTING. ZULTYS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ZULTYS IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. ZULTYS IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES. ZULTYS DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF RESULTS OBTAINED THROUGH USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; DATA OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSINFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. NWEA CANNOT CONTROL PERFORMANCE YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES BASED ARE AT YOUR SOLE RISK AND DISCRETION AND ZULTYS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZULTYS, ITS EMPLOYEES, DEALERS, RESELLERS, PARTNERS, OR AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, ZULTYS MAKES NO GUARANTEES OF SECURITY. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ZULTYS CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. Limitation of Liability IN NO EVENT SHALL ZULTYS OR ITS OFFICERS, DIRECTORS, STOCKHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE EQUIPMENT OR THE SERVICES OBTAINED FROM ZULTYS, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON THE FLOW ANY INFORMA- TION OBTAINED FROM ZULTYS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF DATA FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ZULTYS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL ZULTYS BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICES OF ZULTYS, THE USE OF OR INABILITY TO USE THE SERVICES, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICES, THE INABILITY TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE EQUIPTMENT OF ZULTYS FOR THE SERVICES, THE USE OF AND/OR INABILITY TO USE SUCH EQUIPMENT, THE INSTALLATION OF SUCH EQUIPMENT, AND/OR THESE TERMS AND CONDITIONS. NOR SHALL ZULTYS BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICES, INCLUDING 911 DIALING, AT ANY TIME OR FROM NWEA’S TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR OVER THE INTERNETFACILITY FAILURE, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE EQUIPMENT FAILURE, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS, BUT NOT LIMITED TO, ACTS OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESGOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR INACTIONS TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO ZULTYS OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND ZULTYS’ CONTROL, INCLUDING, WITHOUT LIMITATION, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. ZULTYS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ZULTYS OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH THIRD PARTIES CAN IMPAIR DAMAGE OCCURS AS A RESULT OF ZULTYS’ NEGLIGENCE OR DISRUPT SUBSCRIBER’S CONNECTIONS OTHER ACTS OR OMISSIONS. ZULTYS’ LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICES CHARGES WITH RESPECT TO THE INTERNETAFFECTED TIME PERIOD. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS THE LIMITATIONS SET FORTH HEREIN APPLY TO REMEDY ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND AVOID SUCH EVENTSANY AND ALL OTHER THEORIES OF LIABILITY, NWEA DOES AND APPLY WHETHER OR NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCURZULTYS WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. ACCORDINGLYFURTHER, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR YOU AGREE TO REIMBURSE ZULTYS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH EVENTSCLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ZULTYS TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. Publicity Rights You agree that Zultys may identify you as a user of the Services in its business deals; press releases; marketing materials; electronic, printed, and broadcast advertising; newsletters; mailings; tradeshows; other promotional materials; on Zultys' Website; or any other third-party website where Zultys or its designated agents may promote the Services. You hereby grant Zultys and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.

Disclaimer. EXCEPT FOR AS OTHERWISE PROVIDED HEREIN THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED “AS-BY ROCHE "AS IS WHERE IS” WITHOUT WARRANTY OF ANY KIND" AND ROCHE MAKES NO, EITHER AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDINGCONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR USEANY PRODUCT; (iiib) QUALITYTHE COMMERCIAL SUCCESS OF ANY LICENSED PRODUCT; (ivc) PRODUCTIVENESSTHE EXISTENCE, VALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY LICENSED PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (vf) CAPACITYTHE ACCURACY, UTILITY OR SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO IGEN HEREUNDER. THE PARTIES SPECIFICALLY AGREE THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK NEITHER PARTY SHALL BE SUBJECT TO AND LIABILITY THAT EACH DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF USE BREACH OF WARRANTY, AND (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT OR (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OTHERWISE), EVEN THOUGH A PARTY MAY HAVE BEEN ADVISED OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES CAN IMPAIR (WHETHER PURSUANT TO JUDGMENT OR DISRUPT SUBSCRIBER’S CONNECTIONS SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER PARTY HEREUNDER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 156.1, TO ENLIGHTED MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCLOUD SERVICES AND THEIR FUNCTIONALITY IN THE DOCUMENTATION OR ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, ENLIGHTED SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT IMPLIED WARRANTY OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYAND NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OR ENLIGHTED DOES NOT WARRANT THAT THE OPERATION OF THE CLOUD SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT, OR THIRD PARTY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. THIS SECTION 6.2 DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARISE DUE TO THE NATURE OF INTERNET COMMUNICATIONS. ENLIGHTED IS ERROR-FREE. EXCEPT AS PROVIDED HERENOT RESPONSIBLE FOR ANY DELAYS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE DATA LOSS, BANDWIDTH CHARGES, OR ANY OTHER COSTS OR DAMAGES THAT RESULT FROM SUCH PROBLEMS OR FOR ANY UNAVAILABILITY OF THE CLOUD SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER NETWORK PROBLEMS OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF TECHNOLOGY NEEDED TO USE THE CLOUD SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES THAT IS NOT PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSENLIGHTED.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PRODUCTS ARE PROVIDED “AS-AS IS,” WITHOUT WARRANTY OF ANY KIND. ILLUMIO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYAND NONINFRINGEMENT, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ILLUMIO OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS MASTER SUBSCRIPTION AGREEMENT. ILLUMIO DISCLAIMS ANY WARRANTY THAT THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. THE CUSTOMER ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED OR LACK THEREOF FROM THE USE OF THE SERVICES REMAINS WITH SUBSCRIBERPRODUCTS AND ANY CONCLUSIONS DRAWN THEREFROM. THERE IS ILLUMIO WILL HAVE NO WARRANTY LIABILITY FOR DATA SECURITY ANY CLAIMS, LOSSES, OR PERFORMANCE ISSUES (a) DAMAGES CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; ERRORS OR (b) RESULTING FROM OMISSIONS IN ANY ACTION CUSTOMER DATA OR INACTION OF SUBSCRIBER OTHER CUSTOMER MATERIALS PROVIDED TO ILLUMIO BY THE CUSTOMER OR ANY THIRD PARTIES; RESULTS PRODUCED BY THE PRODUCTS BASED UPON ANY CUSTOMER DATA OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER CUSTOMER MATERIALS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15GIVEN ONLY TO END USERS PURSUANT TO ENOVA'S END USER LICENSE AND WARRANTY, ENOVA GIVES NO WARRANTIES REGARDING ENOVA AND THIRD-PARTY PRODUCTS, PARTS, AND SERVICES THAT ENOVA PROVIDES HEREUNDER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDDISCLAIMS ALL EXPRESS, EITHER EXPRESS OR IMPLIEDIMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE APPLICATION OF THE FOREGOING DISCLAIMER, THE PARTIES RECOGNIZE AND AGREE THAT THE ENOVA PRODUCTS AND PARTS MAY ENCOUNTER OPERATIONAL DIFFICULTIES. ENOVA DOES NOT WARRANT (I) THAT THE ENOVA PRODUCTS AND PARTS WILL MEET PURCHASER'S OR THE END USERS' REQUIREMENTS, (II) THAT THE ENOVA PRODUCTS AND PARTS WILL OPERATE IN THE COMBINATIONS WHICH THE END USER MAY SELECT FOR USE; , (iiiIII) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ENOVA PRODUCTS AND PARTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT MALFUNCTIONS IN THE ENOVA PRODUCTS AND PARTS CAN BE CORRECTED. EXCEPT AS PROVIDED HEREFOR ACTIONS FOR NONPAYMENT OR BREACH OF CONFIDENTIALITY OR IP RIGHTS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION FOR AN ALLEGED BREACH OF ANY CONTRACT OF SALE OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR WARRANTY MUST BE COMMENCED WITHIN ONE (c1) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE YEAR AFTER THE DATE ON WHICH THE CAUSE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSACTION ACCRUES.

Disclaimer. 19.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15WARRANTIES SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDOWNER MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES CONDITION OR WARRANTY OF MERCHANTABLE QUALITY OF THE COLUMBUS COMMERCIAL SUITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL OWNER BE LIABLE FOR (iI) MERCHANTABILITYDAMAGES CAUSED BY MANAGER'S FAILURE TO PERFORM ITS COVENANTS; (iiII) FITNESS FOR A PARTICULAR PURPOSE DAMAGES CAUSED BY UPDATES OR USE; (iii) QUALITY; (iv) PRODUCTIVENESSALTERATIONS DONE TO THE COLUMBUS COMMERCIAL SUITE BY MANAGER WITHOUT OWNER'S WRITTEN APPROVAL; OR (vIII) CAPACITYANY SPECIAL, INDIRECT OR THAT THE OPERATION CONSEQUENTIAL DAMAGES INCURRED BY MANAGER. MANAGER SHALL INDEMNIFY OWNER AGAINST ALL CLAIMS ASSERTED BY THIRD PARTIES AS A RESULT OF SUCH ACTS OR OMISSIONS OF MANAGER. OWNER'S LIABILITY FOR DAMAGES TO MANAGER FOR ANY CAUSE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AGGREGATE FEES PAID FOR MANAGEMENT SERVICES IS ERROR-FREEUNDER THIS AGREEMENT. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.121

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 158, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT KMD MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KINDKIND WHETHER EXPRESS, IMPLIED (EITHER EXPRESS IN FACT OR IMPLIEDBY OPERATION OF LAW), INCLUDINGOR STATUTORY, BUT NOT LIMITED TO, AS TO ANY MATTER WHATSOEVER. KMD EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-INFRINGEMENT ON ITS BEHALF AND ON BEHALF OF ITS LICENSORS. KMD RELIES ON THIRD PARTY DATA SOURCES FOR INFORMATION AND THEREFORE DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; COMPLETE OR (v) CAPACITYTHAT ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THIRD- PARTY DATA WILL ALWAYS BE AVAILABLE. KMD DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR THAT THE OPERATION POOR USE, CONDITIONS OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREDUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE SATURATION OF THE INTERNET NETWORK OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE ITS USE, LOSS OF NWEA’S PERSONAL CONTENT ON THE SITES NOT WITHIN KMD'S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS STATED IN SECTION 154.1 ABOVE, POINT SYSTEMS DOES NOT REPRESENT THAT THE CUSTOMER’S USE OF THE PROFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE PROFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE PROFESSIONALS SERVICES, DELIVERABLES AND/ OR TOOLS WILL BE CORRECTED OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED IN SECTION 4.1 ABOVE ARE THE SOLE WARRANTIES AND REMEDIES FOR CUSTOMER AND EXCLUSIVE OBLIGATIONS OF POINT SYSTEMS RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPROFESSIONAL SERVICES, THE SERVICES DELIVERABLES AND/OR TOOLS TO BE PERFORMED FOR AND DELIVERED TO CUSTOMER PURSUANT TO THIS PSA AND ANY STATEMENT OF WORK. THERE ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDNO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TOTHOSE OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) PURPOSE, SATISFACTORY QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERRORTITLE AND NON-FREEINFRINGEMENT. EXCEPT AS PROVIDED HEREHEREIN, THE ENTIRE RISK PROFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS PROVIDED TO CUSTOMER ARE ON AN “AS IS” AND LIABILITY ARISING OUT OF “AS AVAILABLE” BASIS AND ARE FOR COMMERCIAL USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSONLY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY SET FORTH IN THIS SECTION 156 6, TASKTOP MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE SERVICES DOCUMENTATION OR ANY MATE- RIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 TASKTOP DOES NOT WARRANT THAT THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDDESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 TASKTOP HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYAND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERESUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER DOCUMENTATION OR ANY THIRD PARTIES; MATE- RIALS FURNISHED OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA PROVIDED TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETCUSTOMER UNDER THIS AGREEMENT, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS EXCEPT TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS EXTENT THAT THESE DISCLAIMERS ARE HELD TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSBE LEGALLY INVALID.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND EXCEPT AS SET FORTH IN THIS AGREEMENT, Xxxx DOES NOT WARRANT THAT THE SERVICES OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PROFESSIONAL SERVICES. EXCEPT AS PROVIDED IN THIS AGREEMENT, THE SERVICES, PROFESSIONAL SERVICES, DOCUMENTATION AND ANY AND ALL CONTENT, SERVICES AND PRODUCTS INCLUDED IN THE FOREGOING OR OTHERWISE PROVIDED BY Maxa TO CUSTOMER ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WHERE IS”. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE SERVICES AND THE PROFESSIONAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATION AND/OR WARRANTY OF ANY KINDKIND AND Maxa MAKES NO OTHER REPRESENTATIONS, EITHER CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOLEGAL OR OTHERWISE REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT, OUTPUTS OR DATA WHICH ARE DERIVED FROM OR RESULTS FROM THE USE OF THE SERVICES OR THE PROFESSIONAL SERVICES, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT TITLE, AND NON-INFRINGEMENT. THE OPERATION OF THE SERVICES IS ERROR-FREE. CUSTOMER HEREBY WAIVES ANY LEGAL WARRANTY EXCEPT AS OTHERWISE PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF IN THIS AGREEMENT. Xxxx DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; DELIVERABLES WILL BE ERROR-FREE OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSUNINTERRUPTED. NWEA CANNOT CONTROL PERFORMANCE 14.4 Disclaimer - Third Party Content. THE SUPPORTED THIRD-PARTY CONTENT PROVIDED THROUGH THE SERVICES OR PROFESSIONAL SERVICES IS PROVIDED "AS IS" “ AS AVAILABLE” AND “WHERE IS”. WITHOUT LIMITING THE GENERALITY OF THE SERVICES BASED ON FOREGOING, CUSTOMER SHALL NOT MAKE USE OF THE FLOW OF DATA TO SERVICES, INTEGRATE OR FROM NWEA’S NETWORK OTHERWISE ASSOCIATE ANY CONTENT, DATA, SOFTWARE AND/OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED SYSTEMS OWNED OR CONTROLLED BY A THIRD PARTIES. AT TIMESPARTY, ACTIONS OR INACTIONS OF SUCH EXCEPT IF SAME IS SPECIFICALLY AUTHORIZED BY THE THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO PARTY HOLDING THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED RIGHTS TO SUCH EVENTSCONTENT, DATA, SOFTWARE AND/OR SYSTEMS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 11 (“LIMITED WARRANTIES”) ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXCLUSIVE AND THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND DELIVERHEALTH HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; NON-INFRINGEMENT AND TITLE. DELIVERHEALTH DOES NOT GUARANTEE THAT THE SOFTWARE OR (v) CAPACITYSERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE OPERATION SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. DELIVERHEALTH MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD- PARTY SOFTWARE. UNDER NO CIRCUMSTANCES SHALL DELIVERHEALTH'S THIRD PARTY SUPPLIERS OF ANY COMPONENT OF THE DELIVERHEALTH SOFTWARE, CLOUD SERVICES IS ERRORBE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY DAMAGES, DIRECT OR OTHERWISE, ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE PARTY SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFOREGOING SENTENCE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15THESE TERMS & CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT GALA, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, ANY IMPLIED INCLUDING WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE USE AND NON-INFRINGEMENT. GALA, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYLIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA, NFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF GALA SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. NEITHER GALA, ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SERVICES IS GALA SERVICES, GALA BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE ERROR-FREEFREE OR UNINTERRUPTED. EXCEPT AS PROVIDED HEREGALA, THE ENTIRE RISK ITS AFFILIATES, AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR DATA SECURITY ANY LOSSES OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) OPPORTUNITY COSTS RESULTING FROM ANY ACTION BLOCKCHAIN NETWORK AND PROTOCOL OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETTHIRD-PARTY SOFTWARE ISSUES, WHICH DEPEND MAY IN LARGE PART TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED ANY BLOCKCHAIN AT ALL OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSWITHOUT INCURRING SUBSTANTIAL FEES.

Disclaimer. EXCEPT THE WARRANTIES SET FORTH IN SECTION 5.1 ABOVE ARE FOR THE EXPRESS LIMITED WARRANTY BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER GUIDE AND THE SERVICES ARE PROVIDED “AS-AS IS,” WITHOUT WARRANTY OF ANY KINDAND MOBILE22 MAKES NO, EITHER EXPRESS AND HEREBY DISCLAIMS ALL, OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , TITLE, NON- INFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYTHE RESULTS SUBSCRIBER MAY OBTAIN BY USING THE SERVICES. MOBILE22 DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT THE OPERATION OF THE SERVICES IS WILL BE UNINTERRUPTED OR ERROR-FREEFREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF MOBILE22 DOES NOT WARRANT THAT THE SERVICES REMAINS WILL BE COMPATIBLE WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER SUBSCRIBER`S COMPUTER SYSTEMS OR ANY THIRD PARTIES; INTERNET TECHNOLOGY. MOBILE22 DISCLAIMS ALL PROBLEMS RELATING TO THE INTERNET AND IS NOT RESPONSIBLE FOR ANY SUBSCRIBER DATA DELAYED, LOST, ALTERED, INTERCEPTED OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF STORED DURING THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY THIRD PARTIESMOBILE22. AT TIMESSOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ACTIONS OR INACTIONS SO SOME OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15WARRANTIES SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ALL PRODUCTS ARE PROVIDED “AS-IS” WITHOUT . SALTSTACK, ITS AFFILIATES, AND ITS THIRD PARTY DATA, SERVICE, AND SOFTWARE PROVIDERS HEREBY DISCLAIM AND MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TOTO REPRESENTATIONS, ANY IMPLIED GUARANTEES, OR WARRANTIES OF (i) MERCHANTABILITY; (ii) , ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, NON-INFRINGEMENT, OR WARRANTIES OF ITS THIRD PARTY PROVIDERS. CUSTOMER ACKNOWLEDGES THAT NEITHER SALTSTACK NOR ITS THIRD PARTY PROVIDERS CONTROLS CUSTOMER EQUIPMENT OR THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW TRANSFER OF DATA TO OR FROM NWEA’S NETWORK OR OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, WHICH DEPEND AND THAT THE PRODUCTS MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS AND OTHER PROBLEMS INHERENT IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS USE OF SUCH COMMUNICATIONS FACILITIES. SALTSTACK, ITS AFFILIATES AND ITS THIRD PARTIES CAN IMPAIR PARTY PROVIDERS ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS, DELAYS, CANCELLATIONS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY OTHER DAMAGE RESULTING FROM OR RELATED TO SUCH EVENTSPROBLEMS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15WARRANTIES SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “ASINVOCA AND ITS THIRD-IS” WITHOUT WARRANTY OF ANY KINDPARTY SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHER WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INVOCA AND ITS THIRD-PARTY SUPPLIERS DO NOT REPRESENT OR USEWARRANT THAT: (i) THE USE OF SUCH SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) SUCH SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; OR (iii) QUALITYALL ERRORS OR DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS; (iv) PRODUCTIVENESS; OR (v) CAPACITYTHEREFORE, OR THAT THE OPERATION SOME OF THE SERVICES IS ERROR-FREEABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN SUCH JURISDICTIONS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSINDEMNIFICATION.

Disclaimer. EXCEPT FOR AS SPECIFIED IN THE EXPRESS LIMITED WARRANTY PROVIDED STATEMENT SPECIFIED IN SECTION 15PART B.12.1 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF (i) MERCHANTABILITY; (ii) MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF KNOWN TO CISCO), NONINFRINGEMENT, SATISFACTORY QUALITY OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYARISING FROM A COURSE OF DEALING, LAW, USAGE, OR THAT TRADE PRACTICE ARE HEREBY EXCLUDED TO THE OPERATION GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED TO THE 90-DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. REGISTERED PARTNER SHALL NOT MAKE ANY WARRANTY COMMITMENT BEYOND THE SERVICES IS ERROR-FREELIMITED WARRANTY REFERENCED IN PART B.12.1 ON CISCO’S BEHALF. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK REGISTERED PARTNER AGREES TO INDEMNIFY CISCO AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING HOLD CISCO HARMLESS FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF WARRANTY MADE BY REGISTERED PARTNER BEYOND THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND LIMITED WARRANTY REFERENCED IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSB.12.1.

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, AND, EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN THIS SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW5, THE AGENTERO PLATFORM, SUBSCRIPTION SERVICES, AND ANCILLARY SERVICES ARE PROVIDED “ON AN AS-IS” WITHOUT WARRANTY IS BASIS. CUSTOMER’S USE OF THE AGENTERO PLATFORM, SUBSCRIPTION SERVICES AND ANCILLARY SERVICES IS AT ITS OWN RISK. AGENTERO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY KIND, EITHER AND ALL OTHER EXPRESS AND/OR IMPLIEDIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AGENTERO DISCLAIMS ALL LIABILITY FOR THE LOSS OF DATA ENTERED INTO OR SAVED IN THE AGENTERO PLATFORM. NO AGENT OF AGENTERO IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF AGENTERO AS SET FORTH HEREIN. AGENTERO DOES NOT WARRANT THAT THE OPERATION OF THE SUBSCRIPTION SERVICES IS ERROR-OR AGENTERO PLATFORM ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AGENTERO PLATFORM (AS PROVIDED HEREWITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND MAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OPERATION, FUNCTIONALITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO AGENTERO PLATFORM OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCURSUBSCRIPTION SERVICES. ACCORDINGLY, NWEA DISCLAIMS CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY LIABILITY RESULTING FROM INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DOWNTIME OR RELATED TO SUCH EVENTSERROR.

Disclaimer. All information entered into Brycer’s database is produced by third party inspectors and their agents. THEREFORE, BRYCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ENTERED INTO BRYCER’S DATABASE BY EITHER CLIENT OR THIRD PARTY INSPECTORS. EXCEPT AS SET FORTH IN SECTION 7, BRYCER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOLUTION OR ANY OTHER INFORMATION AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY FOR BREACH OF THE EXPRESS LIMITED REPRESENTATION AND WARRANTY SET FORTH IN SECTION 7, AND CLIENT'S SOLE REMEDY, SHALL BE THAT BRYCER SHALL DEFEND, INDEMNIFY AND HOLD RECIPIENT HARMLESS FROM AND AGAINST ANY LOSS, SUIT, DAMAGE, CLAIM OR DEFENSE ARISING OUT OF BREACH OF THE REPRESENTATION AND WARRANTY. 9. LIMITATION ON DAMAGES. BRYCER SHALL ONLY BE LIABLE TO CLIENT FOR DIRECT DAMAGES PURSUANT TO THE AGREEMENT. EXCEPT AS OTHERWISE PROVIDED IN SECTION 157, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWIN NO EVENT SHALL BRYCER BE LIABLE FOR OR OBLIGATED IN ANY MANNER FOR SPECIAL, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDCONSEQUENTIAL, EITHER EXPRESS OR IMPLIEDINDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES LOSS OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE USE, LOSS OF PROFITS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSSYSTEM DOWNTIME.

Disclaimer. EXCEPT FOR IN ADDITION TO THE EXPRESS LIMITED WARRANTY PROVIDED LIMITATIONS OF LIABILITY IN SECTION 1510, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCUSTOMER SHALL BE SOLELY RESPONSIBLE FOR, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOAND IRONBENCH SHALL HAVE NO LIABILITY FOR, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYINTENTIONAL, UNINTENTIONAL, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF MALICIOUS ACTIVITY OR USE OF THE SERVICES REMAINS PRODUCTS BY CUSTOMER OR ITS EMPLOYEES, PERSONNEL, AND/OR CONTRACTORS AND ANY RESULTING LIABILITY INCLUDING: LOSS OF DATA, DAMAGE TO HARDWARE, OR INTERRUPTION OF BUSINESS OPERATIONS. IRON BENCH PRODUCTS MAY INCLUDE CERTAIN FEATURES AND FUNCTIONALITIES THAT ALLOW ACCESS, AUTHENTICATION, INTEGRATION, COMMUNICATION, AND/OR OTHER CONNECTION METHODS WITH SUBSCRIBERSOFTWARE, INFORMATION, PRODUCTS, OR WEB SITES THAT ARE OWNED OR OPERATED BY OTHER THIRD PARTY COMPANIES (“THIRD PARTY RESOURCES”). THERE IS IRON BENCH CANNOT GUARANTEE ANY PRODUCT FEATURES AND/OR FUNCTIONALITIES WILL OPERATE ERROR-FREE OR REMAIN COMPATIBLE WITH THIRD PARTY RESOURCES. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR, AND IRON BENCH SHALL HAVE NO WARRANTY FOR DATA SECURITY LIABILITY FOR, ITS USE OF PRODUCTS WITH THIRD PARTY RESOURCES (INCLUDING ANY ERRORS OR PERFORMANCE ISSUES INCOMPATIBILITY), ITS THIRD PARTY RESOURCES SETTINGS AND CONFIGURATIONS (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; INCLUDING ANY WEAK, INSECURE, OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY VULNERABLE SETTINGS), AND COMPLYING WITH ITS THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPARTY RESOURCES AGREEMENTS.