Common use of Disclaimers Clause in Contracts

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING DESIGN OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT SET FORTH HEREIN IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL . THIS DISCLAIMER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES EQUIPMENT OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PERFORMING DESIGN, ENGINEERING PEMBROKE MAKE ANY REPRESENTATIONS OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, ORAL OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE REPORT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSOTHER PRODUCT, LICENSORSSERVICE, MATERIAL, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES INFORMATION OFFERED BY PEMBROKE UNDER OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE WORKREPORT AND ANY OTHER PRODUCT, INCLUDING ITEMS INCORPORATED SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE WORK (“THIRD PARTY WARRANTIES”)PRESENT OR FUTURE METHODOLOGY, ARE PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT TO BE CONSIDERED LIMITED TO, THE IMPLIED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSMERCHANTABILITY, GUARANTEESFITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR WARRANTIES AS TO THAT THE APPLICABILITY REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. 11.1 a. UPS PARTIES WARRANT THAT FOR NINETY (90) DAYS FROM THE COMPANY IS NOT DELIVERY TO YOU OF SOFTWARE THAT SUCH SOFTWARE SHALL MATERIALLY OPERATE AS DESCRIBED IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES SOFTWARE’S CORRESPONDING TECHNICAL DOCUMENTATION. UPS’S SOLE LIABILITY FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE A BREACH OF THE WORK HEREUNDERFOREGOING WARRANTY SHALL BE TO REPLACE ANY SUCH SOFTWARE. EXCEPT AS STATED IN THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE WARRANTY OF COMPANY TO MEET THE PERFORMANCE STANDARDS FOREGOING TWO SENTENCES, THE UPS MATERIALS ARE PROVIDED "AS IS WITH ALL FAULTS" AND IN THEIR PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION, GUARANTEE, CONDITION, UNDERTAKING OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYTERM, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATIONAS TO THE CONDITION, THE IMPLIED WARRANTIES QUALITY, DURABILITY, ACCURACY, COMPLETENESS, PERFORMANCE, NON-INFRINGEMENT OF MERCHANTABILITY AND THIRD PARTY RIGHTS, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE OF THE UPS MATERIALS IS GIVEN OR ASSUMED BY UPS AND ALL SUCH WARRANTIES, ALL OF WHICH REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS ARE ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, ARISING FROM COURSE OF DEALING OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED USAGE. UPS DOES NOT WARRANT THAT DEFECTS IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO UPS MATERIALS WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES CORRECTED. NO REPRESENTATIONS, GUARANTEES, ORAL OR WARRANTIES AS TO THE APPLICABILITY WRITTEN INFORMATION OR ENFORCEABILITY OF ADVICE GIVEN BY UPS OR ANY SUCH THIRD PARTY WARRANTIESUPS REPRESENTATIVE SHALL CREATE A WARRANTY.

Disclaimers. 11.1 THE COMPANY NATIONAL GRID IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER NYSEG FOR ANY ALLEGED FAILURE OF COMPANY NATIONAL GRID TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE SECOND PARAGRAPH OF SECTION 9.1.1 AND IN SECTION 20 HEREOF, NATIONAL GRID MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER NYSEG ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY NATIONAL GRID AND THE COMPANY NATIONAL GRID MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Section shall survive the expiration or terminationof this Agreement.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING DESIGN OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT SET FORTH HEREIN IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL . THIS DISCLAIMER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES EQUIPMENT OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Article shall survive the termination or expiration of this Agreement.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.23.2 OF THIS AGREEMENT. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR PROJECTOR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN WRITTEN, ORAL OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Article shall survive the termination, cancellation or expiration of this Agreement.

Disclaimers. 11.1 THE COMPANY NATIONAL GRID IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER NYSEG FOR ANY ALLEGED FAILURE OF COMPANY NATIONAL GRID TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE SECOND PARAGRAPH OF SECTION 9.1.1 AND IN SECTION 20 HEREOF, NATIONAL GRID MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER NYSEG ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY NATIONAL GRID AND THE COMPANY NATIONAL GRID MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Section shall survive the expiration or termination of this Agreement.

Disclaimers. 11.1 THE COMPANY IS SERVICE OFFERINGS ARE PROVIDED “AS IS,” AND NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, OR LICENSORS MAKE ANY WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU OR ANY OTHER PARTY WITH RESPECT TO THE SERVICE OFFERINGS, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICE OFFERINGS WILL BE FREE FROM ERROR OR INTERRUPTION CAUSED BY CYBER-ATTACKS, OR THAT WE WILL BE ABLE TO DETECT OR BLOCK ALL CYBER-ATTACKS, MALICIOUS OR OTHERWISE, FROM INTERFERING WITH YOUR USE OF THE SERVICE OFFERINGS, (II) THE SERVICE OFFERINGS WILL SATISFY YOUR REQUIREMENTS, OR (III) THE SERVICE OFFERINGS WILL BE UNINTERRUPTED OR OPERATE ERROR-FREE OR BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE BUSINESS DOCUMENTATION. ANY IMPLIED WARRANTY OR CONDITION OF PERFORMING DESIGNMERCHANTABILITY, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESNON-INFRINGEMENT, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY ACCURACY, OR SYSTEM INTEGRATION IS EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING DESIGN OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT SET FORTH HEREIN IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL . THIS DISCLAIMER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES EQUIPMENT OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“"THIRD PARTY WARRANTIES”"), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.23.2 OF THIS AGREEMENT. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS THE AGREEMENT, ANY PROJECT, OR PROJECTOR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN WRITTEN, ORAL OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 OTHER THAN THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNEXPRESS, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED LIMITED WARRANTIES STATED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO 6, SAGE AND ITS SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL OTHER REPRESENTATIONS, WARRANTIES, REPRESENTATIONSCONDITIONS, AND GUARANTEES, OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, CONDITIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT(I) OF MERCHANTABILITY, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES (II) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL (III) OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT OF PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND DISCLAIMED(IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOMER ACKNOWLEDGES YOU UNDERSTAND AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS AGREE THAT: (1) THE UTILITY OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY A BUSINESS MANAGEMENT COMPUTER PROGRAM DECREASES AS TECHNOLOGY EVOLVES AND THE COMPANY MAKES NO REPRESENTATIONSBUSINESS ENVIRONMENT CHANGES, GUARANTEES(2) YOU ARE FREE TO DECIDE, AND ARE RESPONSIBLE FOR DECIDING, WHEN TO UPGRADE YOUR SOFTWARE, AND (3) SAGE DISCLAIMS ANY RESPONSIBILITY TO DELIVER LATER-RELEASED SOFTWARE OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF OTHERWISE RENDER ANY SUCH THIRD PARTY WARRANTIESCUSTOMER SUPPORT SERVICES UNLESS INCLUDED IN A SERVICE PLAN THAT YOU HAVE PAID FOR IN FULL.

Disclaimers. 11.1 THE COMPANY IS NOT 11.1. EXCEPT AS EXPRESSLY PROVIDED IN THE BUSINESS OF PERFORMING DESIGNSECTION 10, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE ABOVE, EACH OF THE WORK HEREUNDER. PRODUCTS IS PROVIDED “AS IS” AND “AS AVAILABLE.” ACCORDINGLY, BUT WITHOUT IN ANY WAY LIMITING THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR GENERALITY OF THE FOREGOING, SOCIAL SENTINEL DOES NOT REPRESENT OR WARRANT THAT ANY ALLEGED FAILURE OF COMPANY TO PRODUCT WILL MEET THE PERFORMANCE STANDARDS REQUIREMENTS OF ANY PERSON OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY WILL OPERATE ERROR-FREE, CONTINUOUSLY, OR COMPLETELY SECURE, AND SOCIAL SENTINEL MAKES NO WARRANTIES, REPRESENTATIONS, OTHER REPRESENTATIONS OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, WARRANTIES OF ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHKIND, WHETHER WRITTEN OR ORALEXPRESS, IMPLIED, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDINGAND SOCIAL SENTINEL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATIONINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT NONINFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, OR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTHAT MAY ARISE FROM COURSE OF DEALING, LICENSORSCOURSE OF PERFORMANCE, OR PROVIDERS USAGE OF MATERIALTRADE, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, SOCIAL SENTINEL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, COMPLETENESS, ACCURACY, AND PERFORMANCE OF ANY SUCH THIRD PARTY WARRANTIESPRODUCT.

Disclaimers. 11.1 PRODUCTS AND YOUR CIN ACCOUNT ARE PROVIDED “AS IS.” EXCEPT FOR THE COMPANY IS NOT SPECIFIC CONTENT OF SECTION 8.2, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING PRODUCTS AND YOUR CIN ACCOUNT. WITHOUT LIMITING IN ANY WAY THE BUSINESS FOREGOING, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTY (A) THAT PRODUCTS AND YOUR CIN ACCOUNT WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER HARDWARE OR SOFTWARE; (B) THAT PRODUCTS AND YOUR CIN ACCOUNT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF PERFORMING DESIGNHARMFUL COMPONENTS; OR (C) THAT ANY CONTENT, ENGINEERING INCLUDING YOUR DATA, WILL BE SECURE, OR CONSTRUCTION SERVICES FOR PROFIT FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS, OR OTHERWISE LOST, DAMAGED OR UNRETRIEVABLE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. Notwithstanding any other provision of this Agreement, this Article shall survive the termination, cancellation or expiration of this Agreement.

Disclaimers. 11.1 OTHER THAN AS MAY BE DESCRIBED IN AN SLA, THE COMPANY IS NOT IN SERVICES AND ANY LICENSOR PRODUCTS ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BUSINESS OF PERFORMING DESIGNSERVICES, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECTLICENSOR PRODUCTS, OR ANY WORK SOFTWARE OR SERVICES PERFORMED IN CONNECTION MATERIALS PROVIDED THEREWITH, WHETHER WRITTEN OR ORALTHE RESULTS TO BE ACHIEVED THEREFROM, STATUTORYINCLUDING ANY WARRANTY THAT THE SERVICES, EXPRESS LICENSOR PRODUCTS OR IMPLIEDSOFTWARE WILL BE UNINTERRUPTED, INCLUDINGERROR FREE, WITHOUT LIMITATIONSECURE OR FREE OF HARMFUL COMPONENTS, OR THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER ACKNOWLEDGES AND AGREES SAVVIS MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY WARRANTIES PROVIDED SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“ANY THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESPARTY.

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 15, THE COMPANY IS NOT IN SOFTWARE AND THE BUSINESS SERVICES HEREUNDER ARE PROVIDED “AS IS'' WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS'' CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH READYCHEK WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. READYCHEK DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR ANY WORK THAT THE SOFTWARE OR THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. READYCHEK EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED, OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SOFTWARE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SOFTWARE OR USED THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF READYCHEK WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS MASTERCARD DEVELOPERS MATERIALS, MASTERCARD DEVELOPERS INCLUDING, BUT NOT IN THE BUSINESS OF PERFORMING DESIGNLIMITED TO, ENGINEERING WEB SERVICES, SERVICE APIS, SDKS AND ALL INTELLECTUAL PROPERTY MADE AVAILABLE OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE LICENSED BY MASTERCARD UNDER OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHKIND. MASTERCARD DISCLAIMS ALL WARRANTIES DUTIES AND CONDITIONS, WHETHER WRITTEN EXPRESS, IMPLIED OR ORAL, STATUTORY, EXPRESS OR IMPLIEDWITH RESPECT TO THE MASTERCARD DEVELOPERS MATERIALS, MASTERCARD DEVELOPERS INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WEB SERVICES, SERVICE APIS, SDKS AND RELATED INTELLECTUAL PROPERTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, MASTERCARD SPECIFICALLY DISCLAIMS ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED REPRESENTATIONS AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES WARRANTIES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSPRACTICE OR IMPLEMENTATION OF MASTERCARD DEVELOPERS, LICENSORSTHE MASTERCARD DEVELOPERS MATERIALS, IN WHOLE OR PROVIDERS OF MATERIALIN PART, EQUIPMENT, SERVICES WILL NOT INFRINGE ANY THIRD PARTY’S PATENTS OR OTHER ITEMS PROVIDED INTELLECTUAL PROPERTY RIGHTS. SHOULD MASTERCARD DEVELOPERS, THE MASTERCARD DEVELOPERS MATERIALS PROVE TO HAVE DEFECTS OF ANY TYPE, MASTERCARD WILL NOT BEAR ANY COSTS OR USED EXPENSES OF ANY SERVICING, REPAIR AND/OR CORRECTION IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESIMPLEMENTATIONS.

Disclaimers. 11.1 THE COMPANY 9.1 ALL SERVICES ARE PROVIDED ON AN AS-IS NOT AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, VENDOR HAS NOT MADE, AND DOES NOT MAKE, ANY PROJECTWARRANTIES, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED. VENDOR’S DISCLAIMER INCLUDES, INCLUDING, WITHOUT LIMITATIONBUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ALL MERCHANTABILITY, AND TITLE. VENDOR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. VENDOR IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, THE CONTENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES DATA TRANSFERRED TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY ORIGINAL MANUFACTURERSUS. VENDOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THIRD-PARTY SERVICES, LICENSORS, OR PROVIDERS REGARDLESS OF MATERIAL, EQUIPMENT, WHETHER THOSE SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT APPEAR TO BE CONSIDERED PROVIDED BY US. NO WARRANTIES MADE BY THESE THIRD-PARTY ENTITIES TO US SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD-PARTY BENEFICIARY OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.210.1 (LIMITED WARRANTY), THE SERVICE, SUPPORT, PROFESSIONAL SERVICES AND ALL RELATED COLLIBRA SERVICES ARE PROVIDED “AS IS”. COMPANY MAKES COLLIBRA AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE OR NONINFRINGEMENT. WITHOUT LIMITING ITS EXPRESS OBLIGATIONS IN SECTION 3 (SLA AND SUPPORT), COLLIBRA DOES NOT WARRANT THAT CUSTOMER’S USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. COLLIBRA IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND DISCLAIMEDELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE COLLIBRA’S CONTROL. CUSTOMER ACKNOWLEDGES AND AGREES THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSHORTEST LEGALLY PERMITTED PERIOD.

Disclaimers. 11.1 THE COMPANY IS NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO 12.1, AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONSEXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORALIMPLIED, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, USAGE, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTRADE PRACTICE, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE LICENSED TECHNOLOGIES; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE BASED UPON ANY OF THE PENDING PATENT RIGHTS; OR THAT THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF ANY LICENSED PRODUCTS WILL NOT INFRINGE PROPERTY RIGHTS. IN NO EVENT WILL OHSU BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTHING WILL LIMIT OHSU’S REMEDIES OR ABILITY TO RECOVER DAMAGES IN THE EVENT OHSU ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS, INCLUDING INCREASED DAMAGES FOR WILLFUL INFRINGEMENT.

Disclaimers. 11.1 THE COMPANY IS SOFTWARE SHALL OPERATE AND FUNCTION IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION, WHICH DOCUMENTATION SHALL BE ACCURATE OR COMPLETE IN ALL MATERIAL RESPECTS. LICENSOR DOES NOT WARRANT THAT THE VALIDITY OF ANY OF THE INTELLECTUAL PROPERTY RIGHTS OR THAT PRACTICING THE INVENTIONS CLAIMED UNDER THE INTELLECTUAL PROPERTY RIGHTS WILL BE FREE OF INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 2.3, LICENSEE ON BEHALF OF ITSELF AND ITS SUB-LICENSEES AGREES THAT THE BUSINESS OF PERFORMING DESIGN, ENGINEERING SOFTWARE AND THE INTELLECTUAL PROPERTY RIGHTS ARE LICENSED “AS IS,” AND LICENSOR NEITHER MAKES NOR HAS MADE ANY REPRESENTATION OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WARRANTY WITH COST REIMBURSEMENT) FOR ITS RESPECT TO THE PERFORMANCE OF THE WORK HEREUNDERSOFTWARE INCLUDING ITS SAFETY, EFFECTIVENESS OR COMMERCIAL VIABILITY. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS EXCEPT AS SET FORTH IN THIS SECTION 3.2. COMPANY MAKES NO 2.3 LICENSOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF WITH RESPECT TO FUNCTIONAL CONDITION PERFORMANCE OPERABILITY OR USE OF THE IMPLIED WARRANTIES OF SOFTWARE ON ITS MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE. LICENSEE ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE CAUSE BY THE SOFTWARE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED USED OR SOLD BY ORIGINAL MANUFACTURERS, LICENSORS, LICENSEE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESITS SUB-LICENSEES.

Disclaimers. 11.1 (a) EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESS LIMITED WARRANTIES PROVIDED IN SECTION 3.2. COMPANY MAKES NO WARRANTIES9, REPRESENTATIONSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTTHE SCHOOLOGY SYSTEM IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, OR THAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SCHOOLOGY SYSTEM WILL BE ERROR FREE. ALL OF WHICH OTHER WARRANTIES RELATING TO THE SCHOOLOGY SYSTEM OR THIS AGREEMENT ARE HEREBY EXPRESSLY EXCLUDED DISCLAIMED BY SCHOOLOGY. EXCEPT AS PROVIDED HEREIN, THE ENTIRE RISK AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSLIABILITY ARISING OUT OF THE USE OF THE SCHOOLOGY SYSTEM REMAINS WITH SUBSCRIBER, LICENSORSINCLUDING, OR PROVIDERS OF MATERIALBUT NOT LIMITED TO, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WHEN SUBSCRIBER’S PRACTICES ARE INCONSISTENT WITH THE WORKSTANDARDS FOR EDUCATIONAL AND PSYCHOLOGICAL TESTING (1999) BY THE AMERICAN EDUCATIONAL RESEARCH ASSOCIATION. WITHOUT LIMITING THE FOREGOING, INCLUDING ITEMS INCORPORATED IN THE WORK THERE IS NO WARRANTY FOR PERFORMANCE ISSUES (“A) CAUSED BY FACTORS OUTSIDE OF SCHOOLOGY’S REASONABLE CONTROL; (B) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR SUBSCRIBER’S THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, PARTIES; OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES(C) RESULTING FROM SCHEDULED MAINTENANCE PERIODS.

Disclaimers. 11.1 ORKESTRA PROVIDES THE COMPANY IS SERVICE “AS-IS,” AND DOES NOT IN THE BUSINESS MAKE ANY WARRANTY OF PERFORMING DESIGNANY KIND, ENGINEERING WHETHER EXPRESS, IMPLIED, STATUTORY OR CONSTRUCTION SERVICES FOR PROFIT OTHERWISE, AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, REPRESENTATIONSINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER ACKNOWLEDGES AND AGREES WITHOUT LIMITING THE FOREGOING, ORKESTRA DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE. Limitation of Liability. ORKESTRA SHALL HAVE NO OBLIGATION OR LIABILITY RELATED IN ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSWAY TO ANY SALESFORCE® SERVICES OR PRODUCTS, LICENSORSCUSTOMER’S USE OR INABILITY TO USE SUCH SERVICES OR PRODUCTS, OR PROVIDERS ANY ACT OR OMMISSION BY SALESFORCE®. ORKESTRA'S AGGREGATE LIABILITY ARISING OUT OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR USED IN CONNECTION WITH TORT AND REGARDLESS OF THE WORKTHEORY OF LIABILITY, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESWITHOUT LIMITATION NEGLIGENCE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION13.1, THE IMPLIED SERVICE, EQUIPMENT, ENABLING SOFTWARE, DOCUMENTATION, AND ANY PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND WEBROOT AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY AND ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSFUNCTIONALITY, OR PROVIDERS MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IN ADDITION, THE ALGORITHMS AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR THE SERVICE ARE FREQUENTLY BEING UPDATED AND TRAINED AND WEBROOT DOES NOT WARRANT THAT SUCH ALGORITHMS AND MACHINE LEARNING ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED, MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, NETWORKS, OR DATABASES. ALL OPEN-SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF MATERIAL, EQUIPMENT, SERVICES OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY COPYRIGHT OWNER OF SUCH OPEN-SOURCE COMPONENTS OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD THIRD-PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESMATERIALS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT Assumption of Risk YOU EXPRESSLY ASSUME ANY AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE ALL RISKS RELATED TO YOUR USE OF THE WORK HEREUNDERAPP AND THE SERVICES. Warranty Disclaimer. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR APP AND THE SERVICES ARE PROVIDED “AS IS, WITH ALL DEFECTS.” THE APP AND THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESKIND WHATSOEVER, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL ACCURACY OF WHICH ARE HEREBY EXPRESSLY EXCLUDED INFORMATIONAL CONTENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR SERVICES WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER; (II) THE APP OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE APP OR SERVICES WILL SATISFY THE END USER’S REQUIREMENTS; (IV) THE APP IS COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES PROVIDED BY ORIGINAL MANUFACTURERSTHIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE EFFECTIVE, LICENSORSACCURATE, OR PROVIDERS OF MATERIALRELIABLE; (VI) THE APP OR SERVICES WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, EQUIPMENTUNAUTHORIZED USE OF, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKUNAUTHORIZED ACCESS TO, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)MISAPPROPRIATION OF, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEESLOSS OF, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ALTERATION OF ANY SUCH THIRD PARTY WARRANTIES.DATA OR INFORMATION; OR

Disclaimers. 11.1 EXCEPT FOR THE COMPANY IS NOT LIMITED WARRANTY PROVIDED IN THE BUSINESS PRECEDING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO SUPPLIERS ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL WITH RESPECT TO THE PRODUCTS AND RELATED MATERIALS. THERE MAY BE SITUATIONS IN WHICH STUDENT HAS A RIGHT TO CLAIM DAMAGES FROM MICROSOFT. WHATEVER THE BASIS FOR STUDENT'S CLAIM (SUCH AS BREACH OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDCONTRACT OR TORT), MICROSOFT'S LIABILITY WILL BE LIMITED TO DIRECT DAMAGES UP TO THE AMOUNT STUDENT HAS PAID UNDER THIS AGREEMENT WITH RESPECT TO THE PRODUCT GIVING RISE TO STUDENT'S CLAIM. CUSTOMER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MICROSOFT OR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSOF ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, LICENSORSWITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED LOSS) ARISING IN CONNECTION WITH THE WORKTHIS AGREEMENT, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES EVEN IF ADVISED OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY POSSIBILITY OF ANY SUCH THIRD PARTY WARRANTIESDAMAGES.

Disclaimers. 11.1 THE COMPANY IS NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO 12.1, AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONSEXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORALIMPLIED, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, USAGE, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTRADE PRACTICE, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE LICENSED TECHNOLOGY; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE BASED UPON ANY OF THE PENDING PATENT RIGHTS; OR THAT THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCTS WILL NOT INFRINGE PROPERTY RIGHTS. IN NO EVENT WILL OHSU BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTHING WILL LIMIT OHSU'S REMEDIES OR ABILITY TO RECOVER DAMAGES IN THE EVENT OHSU ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS, INCLUDING INCREASED DAMAGES FOR WILLFUL INFRINGEMENT.

Disclaimers. 11.1 THE COMPANY IS (a) UIRF MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2THIS AGREEMENT. COMPANY MAKES NO UIRF EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; COURSE OF DEALING, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, USAGE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION TRADE PRACTICE; WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE TECHNICAL INFORMATION AND PATENT RIGHTS, AND WITH RESPECT TO THE LICENSED PRODUCT(S) AND/OR LICENSED PROCESS(ES)(S) OR LICENSED PROCESS(ES) CONTEMPLATED BY THIS AGREEEMENT; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE AND REMAIN; AND THE NONINFRINGEMENT OF THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCT(S) AND/OR LICENSED PROCESS(ES)S, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL UIRF BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES. NOTHING SHALL LIMIT UIRF'S REMEDIES OR ABILITY TO RECOVER DAMAGES, INCLUDING INCREASED DAMAGES FOR WILLFUL INFRINGEMENT, IN THE EVENT UIRF ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PERFORMING DESIGN, ENGINEERING PEMBROKE MAKE ANY REPRESENTATIONS OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, ORAL OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE REPORT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSOTHER PRODUCT, LICENSORSSERVICE, MATERIAL, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES INFORMATION OFFERED BY PEMBROKE UNDER OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” XXXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE WORKREPORT AND ANY OTHER PRODUCT, INCLUDING ITEMS INCORPORATED SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE WORK (“THIRD PARTY WARRANTIES”)PRESENT OR FUTURE METHODOLOGY, ARE PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT TO BE CONSIDERED LIMITED TO, THE IMPLIED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSMERCHANTABILITY, GUARANTEESFITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR WARRANTIES AS TO THAT THE APPLICABILITY REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENTa) FOR ITS PERFORMANCE OF THE WORK HEREUNDERCARRIER LINES. Carrier lines are selected by the Participant and are provided by common carriers not part of the NV DIRECT messaging system. It is the duty of the Participant to validate that the selected carrier provides secure lines. THE EXCLUSIVE REMEDY GRANTED PARTIES ACKNOWLEDGE THAT ACCESS TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT NV DIRECT SERVICES, IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESPROVIDED OVER VARIOUS FACILITIES AND COMMUNICATION LINES, REPRESENTATIONSAND INFORMATION WILL BE TRANSMITTED OVER SUCH FACILITIES AND COMMUNICATIONS LINES, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTOVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES, ANY PROJECTAND THROUGH ROUTERS, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHSWITCHES, WHETHER WRITTEN OR ORALAND OTHER DEVICES (COLLECTIVELY, STATUTORY“CARRIER LINES”) THAT ARE OWNED, EXPRESS OR IMPLIEDMAINTAINED AND SERVICED BY THIRD-PARTY CARRIERS, INCLUDINGUTILITIES, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEINTERNET SERVICE PROVIDERS, ALL OF WHICH ARE SELECTED BY PROVIDER AS THE MEANS OF ACCESSING NV DIRECT AND WHICH ARE BEYOND DHHS’S CONTROL OR THE CONTROL OF ITS DESIGNATED SUBCONTRACTOR. IT IS THE DUTY OF THE PARTICIPANT TO OBTAIN SECURE CARRIER LINES. DHHS HEREBY EXPRESSLY EXCLUDED DISCLAIMS FOR ITSELF AND DISCLAIMED. CUSTOMER ACKNOWLEDGES ITS DESIGNATED SUBCONTRACTOR ANY AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSALL LIABILITY FOR OR RELATING TO THE INTEGRITY, LICENSORSPRIVACY, SECURITY, CONFIDENTIALITY, OR PROVIDERS USE OF MATERIALANY INFORMATION WHILE IT IS TRANSMITTED ON, EQUIPMENTTHROUGH OR OVER THE CARRIER LINES, SERVICES OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY PATIENT INFORMATION OR OTHER ITEMS PROVIDED INFORMATION OF ANY NATURE WHATSOEVER ATTRIBUTABLE TO TRANSMISSION ON, THROUGH OR USED IN CONNECTION WITH OVER THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES CARRIER LINES. USE OF THE COMPANY CARRIER LINES IS SOLELY AT THE RISK OF PARTICIPANT AND THE COMPANY MAKES NO REPRESENTATIONSITS AUTHORIZED USERS, GUARANTEESAND IS SUBJECT TO ALL APPLICABLE LOCAL, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSTATE, NATIONAL AND INTERNATIONAL LAWS.

Disclaimers. 11.1 BluBØX does not warrant that: (i) the Products will meet Reseller’s requirements, (ii) the operation of BluSKY or any other BluBØX product will be uninterrupted or error free, or (iii) the BluSKY or other BluBØX products will operate in combination or be compatible to other hardware or software not supplied by BluBØX, except as expressly approved in writing by BluBØX. EXCEPT FOR THE COMPANY IS NOT IN LIMITED WARRANTIES ABOVE, THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT PRODUCTS AND IS NOT RECEIVING ANY FEE OR PROFIT (DOCUMENTATION ARE PROVIDED “AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERIS”. THE LIMITED WARRANTIES ABOVE ARE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE AND IN LIEU OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHTERMS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDIMPLIED BY STATUTE, TRADE USAGE OR COURSE OF DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSNONINFRINGEMENT, OR PROVIDERS OF MATERIALTITLE. THE LIMITED WARRANTIES ABOVE DO NOT COVER NON-DEFECT DAMAGE, EQUIPMENTDAMAGE CAUSED BY IMPROPER INSTALLATION, SERVICES OPERATION OR OTHER ITEMS PROVIDED CARE (INCLUDING, BUT NOT LIMITED TO ABUSE, MISUSE, FAILURE TO PROVIDE REASONABLE AND NECESSARY MAINTENANCE, OR USED IN CONNECTION WITH ANY ALTERATIONS OR MODIFICATIONS TO THE WORKPRODUCT), INCLUDING ITEMS INCORPORATED IN THE WORK LABOR CHARGES FOR REMOVING OR REINSTALLING A REPAIRED OR REPLACED ITEM, OR REPLACEMENT BATTERIES. “Term-of the-Agreement” and Termination of the Agreement. Term-of the Agreement. Unless sooner terminated pursuant to Sections 14(b)-(d) below, the initial term of this Agreement will commence on the Effective Date and will continue thereafter until the last day of the third (3rd) year following the Effective Date (the “THIRD PARTY WARRANTIESInitial Term”). Following the expiration of the Initial Term, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSthis Agreement will be automatically renewed for consecutive one (1) year periods (each a “Renewal Term”). The Initial Term and any Renewal Terms are collectively referred to herein as “the Term”. Agreement Changes. BluB0X reserves the right to change certain terms of this Agreement from time to time and to submit the newer version of this Agreement to Reseller for signature. If Xxxxxxxx does not agree to the new proposed version of the Agreement, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESBluB0X may refuse to renew the Agreement when the current term ends.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES EXCEPT FOR PROFIT AND IS NOT RECEIVING SUBSTANTIAL CONFORMANCE WITH ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO COMMENCE'S WRITTEN DOCUMENTATION FOR THE SERVICES, NEITHER COMMENCE NOR ANY OTHER THIRD PARTY VENDORS MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, REPRESENTATIONS, ORAL OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL ARISING FROM COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSDEALING, LICENSORSCOURSE OF PERFORMANCE, USAGE OF TRADE, OR PROVIDERS OF MATERIALOTHERWISE, EQUIPMENT, REGARDING THE SERVICES OR ANY OTHER ITEMS PROVIDED MATTER ARISING FROM OR USED PERTAINING TO THIS AGREEMENT. COMMENCE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES.ANY OTHER PRODUCT, SERVICE, OR INFORMATION, LINK OR ACCESS OFFERED BY COMMENCE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), SERVICES ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY OFFERED "AS IS" AND THE COMPANY "WITH ALL FAULTS." COMMENCE MAKES NO REPRESENTATIONSREPRESENTATIONS OR WARRANTIES, GUARANTEESAND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO (i) THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR WARRANTIES AS TO FUNCTIONALITY EMPLOYED BY COMMENCE FOR PROVIDING THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.SERVICES

Disclaimers. 11.1 THE COMPANY APPLICATION IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, Dynasty 11 Studios Inc. DOES NOT IN THE BUSINESS OF PERFORMING DESIGNMAKE, ENGINEERING AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONSINCLUDING EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGAND STATUTORY WARRANTIES, REGARDING (A) THE APPLICATION; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE APPLICATION, INCLUDING (WITHOUT LIMITATION, THE ) IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE, NON- INFRINGEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THIRD PARTY RIGHTS, AND DISCLAIMEDANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. CUSTOMER ACKNOWLEDGES AND AGREES DYNASTY 11 STUDIOS INC. MAKES NO REPRESENTATION OR WARRANTY THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSMATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE APPLICATION IS ACCURATE, LICENSORSCOMPLETE, APPROPRIATE, RELIABLE, OR PROVIDERS TIMELY. DYNASTY 11 STUDIOS INC. ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF MATERIALTHE APPLICATION WILL BE UNINTERRUPTED OR ERROR- FREE, EQUIPMENTFREE OF VIRUSES, SERVICES MALICIOUS CODE, OR OTHER ITEMS PROVIDED HARMFUL COMPONENTS, OR USED IN CONNECTION WITH OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE WORKEXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES SOME OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS ABOVE EXCLUSIONS MAY NOT APPLY TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESYOU.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SOFTWARE SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (ARE PROVIDED STRICTLY ON AN "AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERIS" BASIS. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO HEREIN, ALL REPRESENTATIONS AND WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OR NON-INFRINGEMENT OF WHICH THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS OTHERWISE EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSSET FORTH HEREIN, LICENSORSHIGHER LOGIC MAKES NO REPRESENTATION, WARRANTY, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES GUARANTY AS TO THE APPLICABILITY RELIABILITY, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR ENFORCEABILITY COMPLETENESS OF THE SOFTWARE SERVICES OR ANY SUCH THIRD PARTY WARRANTIESMATTER WHATSOEVER. HIGHER LOGIC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE SOFTWARE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS OR EXPECTATIONS; (C) ERRORS OR DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED; OR (D) THE SOFTWARE SERVICES OR THE SERVER(S) THAT HOST THE SOFTWARE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 15, THE COMPANY IS NOT IN SOFTWARE AND THE BUSINESS SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH XXXXXXX WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR ANY WORK THAT THE SOFTWARE OR THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED, OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SOFTWARE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SOFTWARE OR USED THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 The Company is not obligated to provide any support, implementation, maintenance or upgrade We may develop updates or upgrades to the APIs or to any extensions or enhancements to the APIs from time to time, which we may make available to you at our sole discretion. We reserve the right to terminate, suspend or change the APIs at any time with or without notice, including, but not limited to, changing or removing the APIs or performing scheduled or unscheduled maintenance. You acknowledge and agree that updates to the APIs may not be backwards compatible with prior versions. IN NO EVENT WILL THE COMPANY IS NOT OR THE AVALANCHE FOUNDATION LIMITED, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “FOUNDATION”) OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS, AFFILIATES, AGENTS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, STATUTORY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF GOODWILL OR REPUTATION, LOSS OF CONTRACT, DIMINUTION IN VALUE OR LOST OPPORTUNITY, LOSS, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER DAMAGES, IN ANY OTHER FORM, ARISING OUT OF, OR IN CONNECTION WITH, THE BUSINESS OF PERFORMING DESIGN, ENGINEERING TOS; YOUR USE OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE INABILITY TO USE THE APIS; MARKETING OF THE WORK HEREUNDERAPIS; ANY FORM OF FAILURE, ERROR, OR BREAKDOWN IN USE OF THE APIS; THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES IN CIRCUMSTANCES WHERE YOU DO NOT OR ARE UNABLE TO USE THE SERVICES; ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APIS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY FAULT, OR ERROR MADE BY THE COMPANY OR THE FOUNDATION; YOUR RELIANCE ON CONTENT AVAILABLE THROUGH THE APIS; ANY COMMUNICATION WITH OTHER USERS THROUGH THE APIS; ANY RESTRICTION OF ACCESS OR USE OF THE APIS; OR ANY OTHER MATTER RELATING TO THE APIS, EVEN IF THE COMPANY OR THE FOUNDATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE COMPANY AND THE FOUNDATION AND THEIR RESPECTIVE SERVICE PROVIDERS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO U.S.$1.00. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE EXCLUSIVE REMEDY GRANTED APIS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR ACCESS OR USE OF THE APIS WILL BE AT YOUR SOLE RISK. TO CUSTOMER FOR ANY ALLEGED FAILURE OF THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APIS AND YOUR ACCESS OR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDNON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSWARRANTIES OR REPRESENTATIONS ABOUT (I) THE ACCURACY, GUARANTEESRELIABILITY, USEFULNESS OR COMPLETENESS OF THE APIS; (II) THAT THE APIS WILL MEET YOUR REQUIREMENTS; OR (III) THAT THE APIS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WITHOUT LIMITING THE FORGOING, YOU UNDERSTAND AND AGREE THAT THE COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY GLITCHES, BUGS, ERRORS, HACKS OR INACCURACIES OF ANY KIND IN, OR WARRANTIES AS TO ANY VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, THE APPLICABILITY APIS OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHE SYSTEMS OPERATED BY THE COMPANY OR ON ITS BEHALF. Indemnification; Release You agree to defend, release, indemnify, and hold the Company and the Foundation, including all of our respective affiliates, service providers, officers, directors, agents, partners, employees, contractors, successors and assigns (collectively, “Indemnified Parties” and, each, an “Indemnified Party”) harmless from and against any loss, damage, expenses, liability, claim, or demand (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) (“Losses”), due to or arising out of: (1) your access to or use of the APIs, or your inability to access or use the APIs; (2) any contributions you submit to Company or transmit through the APIs (including, without limitation, any content or computer viruses), (3) your breach or anticipatory breach of this TOS; (4) your violation or anticipatory violation of applicable law; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the APIs. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Disclaimers. 11.1 To the maximum extent permitted by law, Qlik does not represent, warrant or make any commitment that: (i) the Software will meet Licensee’s requirements; (ii) the Software will operate in combination with other hardware or software; or (iii) operation of the Software, will be uninterrupted or error free. TO THE COMPANY IS NOT IN MAXIMUM EXTENT PERMITTED BY LAW, THE BUSINESS OF PERFORMING DESIGNSOFTWARE, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT DATA (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH DEFINED IN SECTION 3.2. COMPANY MAKES NO 12), QLIK CONNECTORS AND ANY SERVICES, TRAINING MATERIALS OR COURSE CURRICULUM QV APA May 2016 (AS DEFINED HEREIN) PROVIDED BY QLIK HEREUNDER ARE PROVIDED "AS IS", AND QLIK AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHCONDITIONS AND OTHER TERMS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDIMPLIED (BY STATUTE, COMMON LAW OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF AS TO THEIR ACCURACY, TIMELINESS, COMPLETENESS, RESULTS, TITLE, NON- INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL EVEN IF QLIK HAS BEEN INFORMED OF WHICH ARE SUCH PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR OTHER TERMS ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. QLIK AND ITS DATA VENDORS DISCLAIM ANY WARRANTY THAT LICENSEE'S USE OF THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. QLIK DOES NOT WARRANT OR GUARANTEE THAT IT WILL CORRECT ANY ERRORS OR INACCURACIES IN THE DATA. LICENSEE HEREBY EXPRESSLY EXCLUDED ACKNOWLEDGES THAT QLIK RETRIEVES, AGGREGATES, NORMALIZES AND DISCLAIMEDDELIVERS THE DATA FROM A WIDE VARIETY OF THIRD PARTY SOURCES AND DOES NOT GENERATE OR CREATE THE DATA ITSELF. CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS DISCLAIMER SHALL APPLY NOTWITHSTANDING ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, MADE WITH REGARD TO THE SOFTWARE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR ANY OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH STATEMENTS TO THE WORK, INCLUDING ITEMS INCORPORATED CONTRARY CONTAINED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES AGREEMENT. USE OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, DATA DOES NOT IMPLY ENDORSEMENT OR WARRANTIES AS TO THE APPLICABILITY CERTIFICATION OF SUCH USE BY QLIK OR ENFORCEABILITY ANY OF ANY SUCH THIRD PARTY WARRANTIES.ITS DATA VENDORS

Disclaimers. 11.1 THE COMPANY IS NOT WARRANTIES ABOVE ARE EXCLUSIVE AND IN THE BUSINESS LIEU OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO ALL OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS OR IMPLIED, OF ANY KIND, AS TO ITS ACCURACY OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTCOMPLETENESS, ANY PROJECTAND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYOPENWAVE DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL NON-INFRINGEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND DISCLAIMEDDATA SECURITY, WITH RESPECT TO THE LICENSED SOFTWARE. CUSTOMER ACKNOWLEDGES AND AGREES OPENWAVE DOES NOT WARRANT THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSTHE USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, LICENSORSNOR DOES OPENWAVE GUARANTEE, OR PROVIDERS OF MATERIALMAKE ANY REPRESENTATIONS REGARDING THE USE OF, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES RESULTS OF THE COMPANY USE OF, THE LICENSED SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO ALLIANCE MEMBER RELIES ON THIS LICENSED SOFTWARE AND ITS RESULTS SOLELY AT THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESALLIANCE MEMBER'S OWN RISK.

Disclaimers. 11.1 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 A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE COMPANY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HYDROLIX’S SERVICES MAY BE SUBJECT TO, AND HYDROLIX IS NOT RESPONSIBLE FOR, LIMITATIONS, RISKS, AND OTHER PROBLEMS INHERENT IN THE BUSINESS OF PERFORMING DESIGNELECTRONIC COMMUNICATIONS, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS HYDROLIX DOES NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE WARRANT THAT USE OF THE WORK HEREUNDERSERVICES IS RISK-FREE. HYDROLIX DOES NOT PROVIDE REPRESENTATIONS, WARRANTIES, OR ASSURANCES AGAINST INTERCEPTION OR ACCESS. IN PERFORMING THE EXCLUSIVE REMEDY GRANTED SERVICES, HYDROLIX MAY BE MAKING RECOMMENDATIONS AND PROVIDING ADVICE, BUT ALL DECISIONS AS TO IMPLEMENTING SUCH ADVICE AND RECOMMENDATIONS WILL BE MADE BY AND WILL BE THE SOLE RESPONSIBILITY OF CUSTOMER; HYDROLIX WILL NOT BE LIABLE TO CUSTOMER FOR ANY ALLEGED FAILURE RESULT OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF COMPANY TO MEET THE PERFORMANCE STANDARDS CUSTOMER’S IMPLEMENTATION OF SUCH ADVICE OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESRECOMMENDATIONS.

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 8, THE COMPANY IS NOT IN SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE BUSINESS “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH ECS WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. ECS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SERVICES, OR ANY WORK THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE DELIVERY OF THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL BE UNINTERRUPTED OR ERROR FREE. ECS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PARTICULARPURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR USED GIVE RISE TO ANY LIABILITY OF ECS WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.210.1 (AWS WARRANTIES), THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1 (AWS WARRANTIES), AWS, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, DocuSign Envelope ID: D2D9872E-07FE-41F1-86F3-380C5C288762 WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. COMPANY MAKES NO EXCEPT TO THE EXTENT PROHIBITED BY LAW, AWS, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED EXPRESSLY SET FORTH IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, AND THE OTHER DOCUMENTS TO BE EXECUTED BY ANY CONTRIBUTOR AND DELIVERED TO THE PARTNERSHIP AT OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTTHE CLOSING, IT IS UNDERSTOOD AND AGREED THAT THE CONTRIBUTORS ARE NOT MAKING AND HAVE NOT AT ANY PROJECTTIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE PROPERTIES WITH GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR COMPLETENESS OF THE PROPERTY INFORMATION OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF THE CONTRIBUTORS TO THE PARTNERSHIP, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTIES. CUSTOMER THE PARTNERSHIP ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH UPON THE WORK, INCLUDING ITEMS INCORPORATED IN CLOSING THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT CONTRIBUTORS SHALL SELL AND CONVEY TO BE CONSIDERED WARRANTIES OF THE COMPANY PARTNERSHIP AND THE COMPANY MAKES NO REPRESENTATIONSPARTNERSHIP SHALL ACCEPT THE PROPERTIES “AS IS, GUARANTEESWHERE IS, OR WARRANTIES AS WITH ALL FAULTS”, EXCEPT TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESEXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT.

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 15, THE COMPANY IS NOT IN SOFTWARE AND THE BUSINESS SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH EASTBAY WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR ANY WORK THAT THE SOFTWARE OR THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED, OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SOFTWARE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SOFTWARE OR USED THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 (a) RACKSPACE DOES NOT WARRANT OR REPRESENT THAT THE COMPANY IS NOT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE BUSINESS LOSS OF PERFORMING DESIGNCUSTOMER’S PRIVACY, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT CONFIDENTIAL INFORMATION, AND IS PROPERTY. (b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, RACKSPACE DISCLAIMS ANY AND ALL WARRANTIES NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF EXPRESSLY STATED IN THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDNONINFRINGEMENT. CUSTOMER ACKNOWLEDGES IS SOLELY RESPONSIBLE FOR THE SUITABILITY OF THE SERVICES CHOSEN. ALL GOODS AND AGREES THAT ANY WARRANTIES SERVICES ARE PROVIDED BY ORIGINAL MANUFACTURERSON AN “AS IS” BASIS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES EXCEPT AS EXPRESSLY STATED IN THE SERVICE LEVEL AGREEMENT OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH PART OF THE WORK, INCLUDING ITEMS INCORPORATED AGREEMENT. (c) RACKSPACE WILL NOT BACK UP CUSTOMER’S DATA STORED ON ANY DEVICE UNLESS BACK UP SERVICES ARE PURCHASED. 12. Limitation of Damages. The parties agree that the allocations of risk made in this Section are reasonable and that they would not enter into the Agreement without these limitations on liability. (a) THE CREDITS DESCRIBED IN THE WORK (“THIRD PARTY WARRANTIES”)SERVICE LEVEL AGREEMENT AND SERVICE ORDER FORM ARE CUSTOMER’S SOLE REMEDIES FOR RACKSPACE’S FAILURE TO MEET THE GUARANTIES STATED IN THOSE DOCUMENTS, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.UNLESS

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 3.2. COMPANY MAKES NO WARRANTIES8, REPRESENTATIONSNEITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, CONSULTANTS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTAGENTS MAKE ANY REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, ANY PROJECTEITHER EXPRESS, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY VALIDITY OR ENFORCEABILITY OF ANY SUCH PATENT RIGHTS, OR TECHNICAL INFORMATION, ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY: THAT THE PRACTICE OF ANY LICENSE GRANTED HEREUNDER SHALL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY WARRANTIESPARTY; WITH RESPECT TO THE SCOPE, VALIDITY OR ENFORCEABILITY OF THE TECHNICAL INFORMATION OR PATENT RIGHTS; OR THAT ANY PATENT WILL ISSUE BASED UPON ANY OF THE PENDING PATENT RIGHTS.

Disclaimers. 11.1 THE COMPANY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE THEREOF IS AT ITS OWN RISK. ROTARY FREE WIFI ZONE DOES NOT IN THE BUSINESS OF PERFORMING DESIGNMAKE, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTHEREBY DISCLAIMS, ANY PROJECT, AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDCONDITIONS, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NONINFRINGEMENT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES TITLE, AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSARISING FROM A COURSE OF DEALING, LICENSORSUSAGE, OR PROVIDERS TRADE PRACTICE. ROTARY FREE WIFI ZONE DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL EITHER ROTARY FREE WIFI ZONE OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF MATERIALANY NATURE, EQUIPMENTOR FOR ANY LOST REVENUES, SERVICES LOST PROFITS OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES LOSS OF BUSINESS REGARDLESS OF THE COMPANY CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL ROTARY FREE WIFI ZONE'S OR ITS SUPPLIERS' CUMULATIVE LIABILITY EXCEED THE COMPANY MAKES NO REPRESENTATIONSFEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF ROTARY FREE WIFI ZONE IS INFORMED OF THE POSSIBLITY OF SUCH DAMAGES. In addition, GUARANTEESRotary Free Wifi Zone and its suppliers will not be responsible for any damages, OR WARRANTIES losses, expenses or costs that Customer suffers AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.A RESULT OF:

Disclaimers. 11.1 IMPACT WILL NOT HAVE ANY LIABILITY TO THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNCOMPANY, ENGINEERING ITS AFFILIATES OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER INDEMNFIED PARTY FOR ANY ALLEGED FAILURE LOST PROFITS OR LOST REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES ARISING OUT OF COMPANY OR RELATING TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY PROJECTOTHER THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THIS SECTION 9.1 DISCLAIMER DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OR IN THE CASE OF IMPACT’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. SUBJECT TO THE FOREGOING AND THE OTHER TERMS OF THIS AGREEMENT, EACH PARTY SHALL BE LIABLE FOR ITS PERSONNEL AND AFFILIATES (UNLESS SUCH AFFILIATE HAS A DIRECT CONTRACTUAL RELATIONSHIP WITH THE OTHER PARTY OR A PARTY’S AFFILIATE) AND THEIR ACTS, ERRORS OR OMISSIONS. IMPACT SHALL HAVE NO LIABILITY FOR (a) ANY WORK ACTS OR SERVICES PERFORMED IN CONNECTION THEREWITHOMISSIONS OF PARTNERS OR ANY OTHER THIRD PARTIES (OTHER THAN IMPACT’S AFFILIATES THAT DO NOT HAVE A DIRECT CONTRACTUAL RELATIONSHIP WITH COMPANY, WHETHER WRITTEN AND IMPACT’S SUBCONTRACTORS); OR ORAL(b) ANY DEFECTS, STATUTORYPROBLEMS, EXPRESS DAMAGES OR IMPLIEDLOSSES CAUSED BY OR RESULTING FROM ANY FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, FAILURES OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT INTERNET OR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENTPRODUCTS, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE SOFTWARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSUPPLIED BY IMPACT.

Disclaimers. 11.1 THE COMPANY IS NOT 6.1 WITHOUT LIMITING 2RING’S OBLIGATIONS IN THE BUSINESS OF PERFORMING DESIGNSLA, ENGINEERING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 2RING SERVICE IS PROVIDED TO SUBSCRIBER ON AN “AS- IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. 2RING DISCLAIMS ALL EXPRESS, IMPLIED OR CONSTRUCTION STATUTORY WARRANTIES WITH RESPECT TO THE 2RING SERVICE AND ANY RELATED SERVICES FOR PROFIT AND IS NOT RECEIVING PROVIDED BY 2RING OR ITS AFFILIATES, INCLUDING ANY FEE SYSTEMS, NETWORKS OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF ENVIRONMENTS, RELATED TO THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESFOREGOING, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 2RING DOES NOT WARRANT THAT USE OF THE 2RING SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED. 2RING AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE 2RING SERVICE OR ANY RELATED SERVICES PROVIDED BY 2RING OR ITS AFFILIATES THAT ARISE FROM SUBSCRIBER CONTENT OR THIRD PARTY PRODUCTS OR THIRD PARTY APIS. SUBSCRIBER ACKNOWLEDGES THAT ACTIONS INITIATED BY ANY USER ON THE 2RING SERVICE MAY IRREVOCABLY MODIFY AND/OR DELETE SUBSCRIBER CONTENT IN WHOLE OR IN PART AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND SUBSCRIBER AGREES THAT 2RING IS NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, RESULTING LOSS OR PROVIDERS MODIFICATION OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSUBSCRIBER CONTENT.

Disclaimers. 11.1 THE COMPANY IS NOT IN SERVICES, INCLUDING THE BUSINESS OF PERFORMING DESIGNBB55 RATING APP, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT SITE, SOFTWARE AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESALL INFORMATION, REPRESENTATIONS, OR GUARANTEES MATERIALS AND CONTENT PROVIDED IN CONNECTION WITH THIS AGREEMENTTHEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY PROJECTWARRANTIES OF ANY KIND, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT FITNESS FOR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSUSER’S SPORTS BETTING OBJECTIVES, LICENSORSFINANCIAL SITUATION, OR PROVIDERS MEANS. FREE OF MATERIALCOMPUTER VIRUSES AND/OR FREE FROM ERRORS. FURTHERMORE, EQUIPMENTTHE APP, SERVICES THE SOFTWARE, THE SHARP STANDARD AND THE CONTENT PROVIDED IN CONNECTION THEREWITH MAY CONTAIN, BE BASED ON OR OTHERWISE REFER TO ERRORS, INACCURACIES, AND MISCALCULATIONS, PARTIAL OR INCOMPLETE INFORMATION, OUTDATED DATA, MISTAKES OR FAULTS. IN NO EVENT SHALL THE INSTITUTE BE RESPONSIBLE FOR THE PERFORMANCE OF THE APP, THE SOFTWARE, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE, DISRUPTION, DOWNTIME, AND INTERRUPTION OF SERVICES, DELAY, INACCURACY OR OTHER ITEMS PROVIDED OR USED NONPERFORMANCE IN CONNECTION WITH THE WORKSERVICES. THE INSTITUTE DISCLAIMS ALL LIABILITIES AND RESPONSIBILITIES FROM ANY USER FOR THE ABOVE STATED ACTIONS OR INCIDENTS. You understand that the Services (including the BB55 Rating App, INCLUDING ITEMS INCORPORATED Site and its content and the Software and its results) are based, inter alia, on (a) past results which are not indicative of future performance and on (b) algorithm which we deem reliable, but we disclaim any warranty or liability in connection with such content and provide no guarantees with respect to their accuracy or completeness. The App or Services may contain, or direct you to other web pages. We make no representations concerning any content contained in or accessed through the App or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App or the Services. You understand that (i) no content published in connection with the Services, including without limitation, the Software, constitutes a recommendation or opinion with respect to any particular gambling advice or strategy or its suitability for any specific person; (ii) the Institute makes no representations or warranties of any kind, express or implied, as to the availability, operation and use of the App or the information, content, materials or services on or accessed via the App, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement. Neither the App, nor any information, content, materials, Sharp Standard or services available via the App, constitutes or is intended to constitute, or should be construed as, a solicitation or any offer gambling advice or a recommendation or promotion of any transaction; (iii) we are solely providing ratings to Analysts based on the Sharp Standard developed by the Institute, in our sole discretion, and that the views expressed by such Analysts or any users are their own opinions, sports betting picks and recommendations; (iv) our rating depend on user input which may be inaccurate, wrong, outdated, partial or incomplete, in which case if the correct information was plugged into our rating would be different; (vi) our rating system may be subject to errors and interruptions, and may show results that are different from the ratings that should be derived from our published rating criteria; (vii) the results and ratings provided by the Services and/or on the App may be wrong, inaccurate, outdated, partial or incomplete or do not fit for a particular purpose and do not taking into account any user’s betting objectives, financial situation, or means. THE SERVICES ARE OFFERED SOLELY FOR YOUR INFORMATION AND NOT FOR ANY COMMERCIAL USE. YOU SHOULD NOT RELY UPON ANY INFORMATION OR CONTENT INCLUDED IN THE WORK (“THIRD PARTY WARRANTIES”)ANY SERVICES FOR PURPOSES OF GAMBLING, AND YOU ARE NOT ENCOURAGED TO BE CONSIDERED WARRANTIES CONDUCT YOUR OWN RESEARCH AND DUE DILIGENCE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY APP, AND THE COMPANY MAKES NO REPRESENTATIONSANY PUBLICATIONS, GUARANTEESPRESENTATIONS, SPORTS DATA, SPORTS BETTING DATA, BETTING LINES, PERFORMANCE INFORMATION, PROS, FOLLOWER/FOLLOWING FUNCTIONS OR ANALYSTS OR BLOGGERS OPINIONS, POSTINGS, OR WARRANTIES AS TO OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESAPP IS AT YOUR OWN RISK. You are solely responsible for any actions or decisions you take based on materials and information available through our App and Services, and should carry out your own research and investigation as appropriate.

Disclaimers. 11.1 EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT EXPRESS LIMITED WARRANTIES AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS REPRESENTATIONS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. ALL OTHER REPRESENTATIONS AND WARRANTIES CONCERNING ANY PROJECTPRODUCT OR SERVICE, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHEXPRESS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATIONARE HEREBY EXPRESSLY DISCLAIMED, THE IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSNONINFRINGEMENT, LICENSORSSATISFACTORY QUALITY, OR PROVIDERS NON-INTERFERENCE, OR ANY WARRANTY ARISING FROM A COURSE OF MATERIALDEALING, EQUIPMENTUSAGE, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH TRADE PRACTICE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE WORK, INCLUDING ITEMS INCORPORATED IN EXPRESS LIMITED WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. WITHOUT LIMITING THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES GENERALITY OF THE COMPANY AND THE COMPANY FOREGOING, GRI MAKES NO REPRESENTATIONS, GUARANTEES, WARRANTY OR WARRANTIES REPRESENTATION AS TO THE APPLICABILITY RESULTS; ACCURACY, RELIABILITY OR ENFORCEABILITY END- USER CONNECTIVITY; SPEED OF ANY SUCH THIRD PARTY WARRANTIESTHE GRI SOFTWARE; THAT THE OPERATION OR CONNECTIVITY OF THE GRI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE GRI SOFTWARE WILL BE FREE OF ALL POSSIBLE METHODS OF ACCESS, ATTACK, OR INTRUSION.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY PROVIDED IN THE BUSINESS THESE FLOW-DOWN TERMS, NEITHER PARTY MAKES ANY WARRANTY OR GUARANTEE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHKIND, WHETHER WRITTEN OR ORALEXPRESS, IMPLIED, STATUTORY, EXPRESS OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, INCLUDINGEXPRESS, WITHOUT LIMITATIONOR STATUTORY, THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, USAGE OR TRADE PRACTICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES, DOCUMENTATION, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES BENEFITS OR OTHER ITEMS PROVIDED OR USED MATERIAL THAT DATADOG MAY MAKE AVAILABLE IN CONNECTION WITH THESE FLOW-DOWN TERMS ARE PROVIDED BY DATADOG ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE WORKOTHER PROVISIONS OF THIS SECTION 12, INCLUDING ITEMS INCORPORATED DATADOG MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, DOCUMENTATION OR ANY OTHER MATERIAL, OR RESULTS OF THE USE THEREOF, WILL: (a) MEET CUSTOMER’S OR OTHER PERSON’S REQUIREMENTS; (b) OPERATE WITHOUT INTERRUPTION; (c) ACHIEVE ANY INTENDED RESULT; (d) BE ERROR FREE OR (e) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH COMPONENTS OF CUSTOMER’S ENVIRONMENT (AS DEFINED IN THE WORK (“THIRD PARTY WARRANTIES”PASS-THROUGH TERMS), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 Each of Borrower and Solar Asset Subsidiary expressly disclaims any representations and warranties of any kind or nature, express or implied, as to the transactions contemplated under this Agreement. WITHOUT LIMTING THE COMPANY IS FOREGOING, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EACH OF BORROWER AND SOLAR ASSET SUBSIDIARY HAS NOT IN THE BUSINESS OF PERFORMING DESIGNMADE, ENGINEERING NOR SHALL BE DEEMED TO MAKE OR CONSTRUCTION SERVICES FOR PROFIT HAVE MADE, AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTHEREBY DISCLAIMS, ANY PROJECTWARRANTY OR REPRESENTATION, EITHER EXPRESS OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHIMPLIED, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS WITH RESPECT TO ANY PV SYSTEM OR IMPLIEDANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES ANY WARRANTY AS TO DESIGN, CONDITION, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MERCHANTABILITY AND MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, ALL USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, LATENT DEFECT (WHETHER OR NOT DISCOVERABLE BY THE TENANT), COMPLIANCE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDSUCH ITEM WITH ANY APPLICABLE LAW. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSBORROWER: VIVINT SOLAR FINANCING VI, LICENSORSLLC By: _________________________ Name: Title: SOLAR ASSET SUBSIDIARY: [_____] By: _________________________ Name: Title: Exhibit A [See attached.] [Exhibit B to Contribution Agreement] Exhibit B Form of Solar Assets Schedule Supplement This Solar Assets Schedule Supplement (this “Supplement”) dated as of _______, OR PROVIDERS OF MATERIALis by and between VIVINT SOLAR FINANCING VI, EQUIPMENTLLC, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK a Delaware limited liability company (the “THIRD PARTY WARRANTIESBorrower”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSand [_____], GUARANTEESa [Delaware limited liability company] (“Solar Asset Subsidiary”), OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESpursuant to the Contribution Agreement referred to below.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNEXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY PATRIOT MAKES NO WARRANTIES, WARRANTIES OR REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGCONCERNING THE SOFTWARE OR SERVICES, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PATRIOT DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE AND SERVICES, ALL INCLUDING UPDATES, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES SOFTWARE USE OR ISSUES WITH OUR SOFTWARE OR SERVICES ARISING OUT OF THEIR USE ON OR IN CONJUNCTION WITH THIRD PARTY HARDWARE, SOFTWARE OR SYSTEMS NOT PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKUS, INCLUDING ITEMS INCORPORATED FEDERAL, STATE OR LOCAL GOVERNMENT, BANKING, AND FINANCIAL INSTITUTIONS. YOUR USE OF CERTAIN LICENSED FUNCTIONS IN THE WORK (“SOFTWARE IS DEPENDENT ON THE AVAILABILITY AND COVERAGE OF FINANCIAL NETWORKS AND TECHNOLOGIES, AND THE INTERNET, WHICH INVOLVE FACILITIES OWNED AND OPERATED BY THIRD PARTY WARRANTIES”)PARTIES. WE ARE NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF SUCH SYSTEMS OR FACILITIES. WE DO NOT GIVE ANY PROFESSIONAL TAX OR ACCOUNTING ADVICE TO INCLUDE, BUT NOT BE LIMITED TO, THE LICENSING AND USE OF OUR SOFTWARE AND SERVICES; YOU SHOULD CONSULT WITH YOUR ACCOUNTING AND TAX PROFESSIONAL IN THIS REGARD. ACH SERVICES OFFERED IN RELATION TO CUSTOMER ORIGINATION OF CREDITS AND/OR DEBITS, SENT BY PATRIOT, ARE NOT TO BE CONSIDERED WARRANTIES WARRANTIED BY PATRIOT AND PATRIOT ACCEPTS LIABILITY FOR THE AMOUNT OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS FUNDS ONLY TO THE APPLICABILITY OR ENFORCEABILITY OF ANY EXTENT CUSTOMER HAS FUNDED SUCH THIRD PARTY WARRANTIESCREDITS AND DEBITS AND IN ACCORDANCE WITH CUSTOMER ORIGINATION INSTRUCTION.

Disclaimers. 11.1 ALIENVAULT DOES NOT WARRANT OR XXXXXXXX THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNTIMELINESS, ENGINEERING SEQUENCE, ACCURACY OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE COMPLETENESS OF THE WORK HEREUNDERSUBSCRIPTION AND ASSOCIATED DATA. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR SUBSCRIPTION AND ASSOCIATED DATA IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY ALLEGED FAILURE OF COMPANY TO KIND, EITHER EXPRESS OR IMPLIED. ALIENVAULT DOES NOT WARRANT THAT THE SUBSCRIPTION AND ASSOCIATED DATA WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PERFORMANCE STANDARDS OPERATION THEREOF WILL BE UNINTERRUPTED OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONSERROR FREE, OR GUARANTEES THAT THE AVFEED DATA FEEDS WILL OPERATE IN CONNECTION COMBINATION WITH THIS AGREEMENTANY PARTICULARL HARDWARE, ANY PROJECTSOFTWARE, SYSTEMS OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHDATA WHICH CUSTOMER MAY SELECT OTHER THAN ALIENVAULT PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER WRITTEN OR ORAL, STATUTORYALIENVAULT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDNON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSThe Subscription availability, LICENSORSdata definition and data accuracy are all subject to change. The Subscription data is collected from various sources and will change over time without notice. AlienVault assumes no responsibility or legal liability for the accuracy, OR PROVIDERS OF MATERIALcompleteness, EQUIPMENTreliability, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKtimeliness, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)or usefulness of such information. Furthermore, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSalthough AlienVault reasonably believes that making the information available for Customer is not an infringement or other violation of any third party’s intellectual property rights, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.AlienVault makes no warranty or

Disclaimers. 11.1 THE COMPANY IS NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN THIS SECTION 3.28. COMPANY MAKES NO EACH PARTY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; COURSE OF DEALING, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, USAGE OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION TRADE PRACTICE; WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS RESPECT TO THE APPLICABILITY SCOPE, VALIDITY OR ENFORCEABILITY OF THE TECHNICAL INFORMATION AND PATENT RIGHTS; THAT ANY SUCH THIRD PARTY WARRANTIESPATENT WILL ISSUE; AND THE NONINFRINGEMENT OF THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCTS. IN NO EVENT SHALL CSURF BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES. NOTHING SHALL LIMIT CSURF’S REMEDIES OR ABILITY TO RECOVER DAMAGES, INCLUDING INCREASED DAMAGES FOR WILLFUL INFRINGEMENT, IN THE EVENT CSURF ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS.

Disclaimers. 11.1 Buyer acknowledges and agrees that LOVD does not independently authenticate any Products or evaluate or opine on the accuracy or completeness of Sellers’ Product listings on the Company Properties. BUYER IS SOLELY RESPONSIBLE FOR EVALUATING THE COMPANY IS NOT IN THE BUSINESS AUTHENTICITY, USEFULNESS, ACCURACY AND COMPLETENESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT ANY PRODUCTS AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2PRODUCT LISTINGS BY A SELLER. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, REPRESENTATIONS OR WARRANTIES AS TO THE APPLICABILITY AUTHENTICITY, USEFULNESS, ACCURACY OR ENFORCEABILITY COMPLETENESS OF ANY PRODUCTS OR PRODUCT LISTINGS. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS MAY NOT BE COMPLETE OR CURRENT AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ACTUAL IMAGES AND COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND COMPANY CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH THIRD PARTY WARRANTIESIMAGES OR COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME. REFERENCE TO ANY PRODUCTS BY TRADEMARK, SUPPLIER, MANUFACTURER, VENDOR, TRADE NAME OR OTHERWISE DOES NOT IMPLY ANY AFFILIATION, ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION OF THE COMPANY, ANY PRODUCT OR PRODUCT LISTING; AND IS INCLUDED FOR INFORMATIONAL, DESCRIPTIVE PURPOSES ONLY. USERS ACKNOWLEDGE AND AGREE THAT SUCH PRODUCTS MAY BE SOLD IN USED AND IMPERFECT CONDITION.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECTLLUMC DISCLAIMS ALL WARRANTIES WHATSOEVER, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHWITH RESPECT TO THE LICENSED TECHNOLOGY, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WARRANTIES AS TO THE MERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, ALL VALIDITY OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSPATENT CLAIMS, LICENSORSISSUED OR PENDING, OR PROVIDERS THAT THE MANUFACTURE, USE OR SALE OF MATERIALTHE LICENSED PRODUCT(S) AND USE OF THE LICENSED TECHNOLOGY WILL NOT INFRINGE ANY PATENT, EQUIPMENTCOPYRIGHT, SERVICES TRADEMARK, OR OTHER ITEMS PROVIDED RIGHTS. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR USED IN CONNECTION WITH THE WORKCONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD EVEN IF SUCH PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES HAS BEEN ADVISED OF THE COMPANY POSSIBILITY OF SUCH DAMAGES. ENCORE TAKES THE LICENSED TECHNOLOGY “AS-IS,” “WITH ALL FAULTS,” AND THE COMPANY MAKES NO REPRESENTATIONS“WITH ALL DEFECTS” AND EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST LLUMC FOR WARRANTY OF ANY Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, GUARANTEES, OR WARRANTIES AS as amended. KIND RELATING TO THE APPLICABILITY OR ENFORCEABILITY LICENSED TECHNOLOGY, SUBJECT TO THE REPRESENTATIONS MADE IN SECTION 12.1. IN NO CASE SHALL LLUMC’S LIABILITY FOR DAMAGES OF ANY SUCH THIRD PARTY WARRANTIESTYPE EXCEED THE TOTAL ROYALTIES WHICH HAVE ACTUALLY BEEN PAID TO LLUMC BY ENCORE AS OF THE DATE OF FILING OF THE ACTION AGAINST LLUMC WHICH RESULTS IN A SETTLEMENT OR AWARD OF DAMAGES.

Disclaimers. 11.1 CISCO DOES NOT REPRESENT OR WARRANT THAT THE COMPANY IS CLOUD SERVICES WILL GUARANTEE ABSOLUTE SECURITY DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, NETWORKS AND ENDPOINTS. CISCO DOES NOT IN REPRESENT OR WARRANT THAT THE BUSINESS OF PERFORMING DESIGNCLOUD SERVICES WILL PROTECT ALL YOUR FILES, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONSNETWORK, OR GUARANTEES ENDPOINTS FROM ALL MALWARE, VIRUSES OR THIRD PARTY MALICIOUS ATTACKS. CISCO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY SYSTEM OR SERVICE TO WHICH A CLOUD SERVICE INTEGRATES OR TO ANY ONGOING INTEGRATION SUPPORT. INTEGRATIONS MADE ACCESSIBLE TO YOU THAT ARE NOT A GENERALLY AVAILABLE PRODUCT INCLUDED ON YOUR ORDER ARE PROVIDED ON AN “AS IS” BASIS. SECUREX ORCHESTRATION ENABLES CUSTOMERS TO PROGRAM AUTOMATED WORKFLOWS. CUSTOMERS ARE RESPONSIBLE FOR ENSURING THAT WORKFLOWS ARE PROGRAMMED CAREFULLY, IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION ACCORDANCE WITH THE WORK, INCLUDING ITEMS INCORPORATED TECHNICAL DOCUMENTATION SUPPLIED BY CISCO AND WITH CONSIDERATION FOR HOW THAT WORKFLOW MIGHT OPERATE UNDER POTENTIAL DIFFERING CIRCUMSTANCES. CISCO RECOMMENDS ALL WORKFLOWS BE TESTED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT A NON-PRODUCTION ENVIRONMENT PRIOR TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESIMPLEMENTATION IN PRODUCTION.

Disclaimers. 11.1 Links to Other Sites The MSH Platform may include links to websites of other organizations which, we believe, may offer relevant information. Once you link to another site, you are subject to the disclaimers and security and privacy policies of the new site. Disclaimer of Endorsement The documents posted on the MSH Platform may contain hypertext links or pointers to information created and maintained by other public and private organizations. These links and pointers are provided for visitors’ convenience. We do not control or guarantee the accuracy, relevance, timeliness, or completeness of any linked information. Further, the inclusion of links or pointers to other websites is not intended to endorse, recommend, or favor any views expressed, or commercial products or services offered on these outside sites, or the organizations sponsoring the sites, by trade name, trademark, manufacture, or otherwise. Reference on the MSH Platform to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the site’s visitors, and does not constitute endorsement, recommendation, or favoring by MSH. The views and opinions of authors expressed on the MSH Platform do not necessarily state or reflect those of the MSH. Limitation of Liability TO THE COMPANY IS NOT MAXIMUM EXTENT PERMITTED BY LAW, IN THE NO EVENT WILL MSH OR ITS DONORS/SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS OF PERFORMING DESIGNINTERRUPTION, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE ARISING OUT OF THE WORK HEREUNDERUSE OF, OR INABILITY TO USE, THE SITE, EVEN IF MSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Disclaimer of Liability MSH makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of the MSH Platform and expressly disclaims liability for errors and omissions in any of the contents of the MSH Platform. With respect to the content of the MSH Platform, MSH makes no warranty, expressed or implied or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, and the warranties of merchantability and fitness for a particular purpose, with respect to content available from the MSH Platform or other Internet resources linked from it. Additionally, MSH assumes no legal liability for the accuracy, completeness, or usefulness of any information, product, or process disclosed on the MSH Platform or freedom from computer viruses, and does not represent that use of such information, product, or process would not infringe on privately owned rights. Warranty Disclaimer YOU EXPRESSLY AGREE THAT USE OF THE MSH PLATFORM IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE EXCLUSIVE REMEDY GRANTED MSH PLATFORM IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY THE MAXIMUM EXTENT PERMITTED BY LAW, MSH AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDMSH PLATFORM, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES MSH DOES NOT WARRANT THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSTHE MSH PLATFORM WILL MEET YOUR REQUIREMENTS, OR PROVIDERS THAT THE OPERATION OF MATERIALTHE MSH PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED THAT DEFECTS IN THE WORK (“THIRD PARTY WARRANTIES”)MSH PLATFORM WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT MSH IS NOT LIABLE FOR THE DEFAMATORY, ARE NOT TO BE CONSIDERED WARRANTIES OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE COMPANY AND RISK OF INJURY FROM THE COMPANY MAKES NO REPRESENTATIONSFOREGOING RESTS ENTIRELY WITH YOU. Other Disclaimers • The MSH Platform and the information contained herein is provided for informational and educational purposes only, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESand could include technical inaccuracies or typographical errors.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.2. COMPANY MAKES NO THIS MASTER AGREEMENT ARE IN LIEU OF, AND EOS, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, THE (i) ANY WARRANTY THAT ANY PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR THIRD PARTY PRODUCTS WILL BE ACCURATE, RELIABLE AND ERROR- FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDDEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY EOS, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, USE OF OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORISED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CUSTOMER DATA AND THAT NO FORM OF ENCRYPTION IS FOOL PROOF. ACCORDINGLY, EOS CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR ENFORCEABILITY AUTHENTICITY OF ANY SUCH THIRD PARTY WARRANTIESINFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET.

Disclaimers. 11.1 The information on Wealth Online is for information purposes only and is not intended as an offer or solicitation for the purchase of any security or any financial instrument or banking product. The information contained on Wealth Online and the Services are subject to change without notice. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. Any Services fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Services are offered in all countries. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. BNY XXX- XXX AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PARTICU-LAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) WEALTH ONLINE; (ii) ANY SERVICES AVAILABLE ON OR THROUGH WEALTH ONLINE ; AND (iii) YOUR USE OF WHICH ARE HEREBY WEALTH ONLINE OR SERVICES AND THE RESULTS OF SUCH USE. FURTHER, BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY EXCLUDED AND DISCLAIMEDDISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY SERVICES AVAILABLE THROUGH WEALTH ONLINE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES Any statements and opinions expressed on Wealth Online are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of BNY Mellon. Some content on this site may be provided by third party providers, which we consider to be reliable but have not independently verified. We do notguarantee that it is accurate or complete. EXCEPT AS PROVIDED BY ORIGINAL MANUFACTURERSLAW, LICENSORSNEITHER BNY MELLON NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE INFOR-MATION OR SERVICES OFFERED ON WEALTH ONLINE OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAINIMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability BY ACCESSING WEALTH ONLINE OR RECEIVING SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING WEALTH ONLINE, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR PROVIDERS DELIVERING WEALTH ONLINE OR ITS SERVICES BE LI- ABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUEN- TIAL DAMAGES OR DAMAGES FOR LOSS OF MATERIALPROFITS, EQUIPMENTTRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE WEALTH ONLINE OR ANY SERVICES; (2) THE CONSEQUENCES OFANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE INFORMATION DE- RIVED FROM WEALTH ONLINE OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR OTHER ITEMS PROVIDED DISTRIBUTION OF SERVICES THROUGH WEALTH ONLINE. WE SHALL NOT BE LI-ABLE FOR DAMAGE OR USED IN CONNECTION WITH THE WORKINJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF WEALTH ONLINE OR SERVICES. WE CANNOTAND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF WEALTH ONLINE AND ANY SERVICES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES WEALTHONLINE OR ANY SERVICES IS YOUR CESSATION OF THE COMPANY USE OF WEALTH ONLINE AND ANY AND ALL SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE COMPANY MAKES NO REPRESENTATIONSEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, GUARANTEES, OR WARRANTIES AS INSUCH JURISDICTIONS LIABILITY IS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESFULLEST EXTENT PERMITTED BY LAW.

Disclaimers. 11.1 IN ADDITION TO THE COMPANY IS NOT DISCLAIMERS IN THE BUSINESS GENERAL TERMS OF PERFORMING DESIGNTHIS AGREEMENT, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERFOLLOWING APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE EXCLUSIVE REMEDY GRANTED SELLING PARTNER APIS AND THE API MATERIALS ARE PROVIDED "AS IS". WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING SELLING PARTNER APIS OR API MATERIALS, INCLUDING ANY WARRANTY THAT: (A) SELLING PARTNER APIS OR API MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS; OR (B) THAT MATERIALS OR DATA YOU ACCESS, USE, STORE, RETRIEVE, OR TRANSMIT IN CONNECTION WITH SELLING PARTNER APIS, INCLUDING YOUR MATERIALS, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. FURTHER, TO CUSTOMER THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY ALLEGED FAILURE COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (I) THE INABILITY TO USE SELLING PARTNER APIS OR THE API MATERIALS, INCLUDING AS A RESULT OF COMPANY TO MEET THE PERFORMANCE STANDARDS ANY TERMINATION OR REQUIREMENTS CONTAINED IN SUSPENSION OF THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESOR TERMINATION OR SUSPENSION OF YOUR USE OF OR ACCESS TO SELLING PARTNER APIS OR API MATERIALS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (III) ANY INVESTMENTS, REPRESENTATIONSEXPENDITURES, OR GUARANTEES COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, AGREEMENT OR ANY WORK YOUR USE OF OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN ACCESS TO SELLING PARTNER APIS OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESAPI MATERIALS.

Disclaimers. 11.1 The express remedies set forth in this Agreement will constitute Client’s exclusive remedies, and Contractor’s sole obligation and liability, for any claim (a) that a Service or Product provided hereunder does not conform to specifications or is otherwise defective, or (b) that the Services were performed improperly. Contractor shall not be responsible for impairments to the Services caused by acts within the control of Client or its employees, agents, contractors, suppliers or licensees, the interoperability of Client applications, or other cause reasonably within Client’s control and not reasonably related to services provided under this Agreement. EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH WARRANTIES MADE BY CONTRACTOR IN SECTION 3.214, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CLIENT, THE SERVICES AND PRODUCTS ARE PROVIDED STRICTLY “AS-IS”. COMPANY MAKES NO CONTRACTOR DOES NOT MAKE ANY ADDITIONAL WARRANTIES, REPRESENTATIONSEXPRESSED, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTIMPLIED, ANY PROJECTARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCT OR SERVICES PROVIDED HEREUNDER, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MATTER WHATSOEVER. THE IMPLIED PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL SATISFACTORY QUALITY, TITLE, AND NON- INFRINGEMENT. CONTRACTOR DOES NOT WARRANT THAT THE SERVICES, PRODUCTS, CUSTOM WORK PRODUCT, OR EMBEDDED SOFTWARE WILL MEET ANY CLIENT REQUIREMENTS NOT SET FORTH HEREIN OR THE STATEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES WORK, OR THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSSERVICES, LICENSORSPRODUCTS, CUSTOM WORK PRODUCT, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED EMBEDDED SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT CLIENT MAY SELECT FOR USE, THAT THE OPERATION OF ANY SERVICES, PRODUCTS, CUSTOM WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEESPRODUCT, OR WARRANTIES AS EMBEDDED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. IF PRE-PRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF SOFTWARE ARE PROVIDED TO THE APPLICABILITY OR ENFORCEABILITY CLIENT. SUCH COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY SUCH THIRD PARTY WARRANTIESKIND. No statement by any sub-contractor, employee, or agent of Contractor, orally or in writing, will serve to create any warranty or obligation not set forth herein or to otherwise modify this Agreement or any Statement of Work in any way whatsoever.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS NEITHER DCI NOR ANY THIRD PARTY PARTNER OF PERFORMING DESIGN, ENGINEERING DCI MAKES ANY REPRESENTATIONS OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, ORAL OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. DCI IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE REPORT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSOTHER PRODUCT, LICENSORSSERVICE, MATERIAL, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES INFORMATION OFFERED BY DCI UNDER OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” DCI MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE WORKREPORT AND ANY OTHER PRODUCT, INCLUDING ITEMS INCORPORATED SERVICE, OR INFORMATION OFFERED BY DCI UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE WORK (“THIRD PARTY WARRANTIES”)PRESENT OR FUTURE METHODOLOGY, ARE PROCESS, OR METHOD EMPLOYED BY DCI FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT TO BE CONSIDERED LIMITED TO, THE IMPLIED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSMERCHANTABILITY, GUARANTEESFITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, QUALITY, TITLE, NON- INFRINGEMENT, OR WARRANTIES AS TO THAT THE APPLICABILITY REPORT WILL BE TIMELY, ERROR-FREE, OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESFREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.25.1 ABOVE STATE CLEANBRAIN’S SOLE AND EXCLUSIVE WARRANTIES TO CLIENT CONCERNING THE SOFTWARE, CLEANTELLIGENT SUBSCRIPTION SERVICES, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, SUPPORT SERVICES, BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, ON-SITE TRAINING, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, AND ALL OTHER ITEMS, PRODUCTS AND SERVICES PROVIDED HEREUNDER AND THE EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. COMPANY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, THE SOFTWARE, THE CLEANTELLIGENT SUBSCRIPTION SERVICES, THE BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, THE CLEANTELLIGENT KNOWLEDGE BASE, THE CHILD ACCOUNT SERVICES, THE WHITE LABEL BRANDING, AND DOCUMENTATION ARE PROVIDED STRICTLY “AS IS,” AND CLEANBRAIN MAKES NO ADDITIONAL WARRANTIES, REPRESENTATIONSEXPRESSED, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTSTATUTORY, ANY PROJECTAS TO THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, SUPPORT SERVICES, BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, ON-SITE TRAINING, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, OR ANY WORK OR SERVICES PERFORMED MATTER WHATSOEVER. IN CONNECTION THEREWITHPARTICULAR, WHETHER WRITTEN OR ORALEXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED ANY AND ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSARISING IN LAW OR FROM COURSE OF DEALING, LICENSORSCOURSE OF PERFORMANCE, OR PROVIDERS USE OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)TRADE, ARE EXPRESSLY EXCLUDED. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY CLEANBRAIN. CLIENT HEREBY DISCLAIMS ANY RELIANCE ON ANY WARRANTY OR REPRESENTATION NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESEXPRESSLY SET FORTH IN THIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY STATED IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM AND CONTENT IS LICENSED, AND PROFESSIONAL SERVICES ARE PROVIDED, ON AN AS-IS BASIS WITHOUT ANY PROJECTEXPRESS OR IMPLIED WARRANTIES. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHLEARNING EXPLORER, WHETHER WRITTEN OR ORAL, STATUTORYITS THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM ANY COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. LEARNING EXPLORER, ITS THIRD PARTY LICENSORS AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES SUPPLIERS DO NOT WARRANT THAT THE PLATFORM, CONTENT OR PROFESSIONAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSAPPLICATION, LICENSORSHARDWARE OR ENVIRONMENT, OR PROVIDERS THAT OPERATION OF MATERIALPLATFORM WILL BE UNINTERRUPTED, EQUIPMENTERROR-FREE OR COMPLETELY SECURE. LEARNING EXPLORER, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“ITS THIRD PARTY WARRANTIES”), LICENSORS AND SUPPLIERS ARE NOT TO BE CONSIDERED WARRANTIES RESPONSIBLE OR LIABLE FOR LOSS, CORRUPTION OR DESTRUCTION OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESDATA.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY PROVIDED IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYKIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY ANY PARTY (OR ANY OF ITS AFFILIATES), NOR SHALL ANY PARTY (OR ANY OF ITS AFFILIATES) HAVE ANY LIABILITY OF ANY NATURE, WITH REGARD TO THE VALUE, ADEQUACY, FREEDOM FROM FAULT OR INFRINGEMENT, QUALITY, EFFICIENCY, SUITABILITY, CHARACTERISTICS OR USEFULNESS OF (x) ANY MANUFACTURING PROCESSES, PRODUCTION METHODS, MANUFACTURING PATENTS, MANUFACTURING DATA, MANUFACTURING INFORMATION OR MANUFACTURING KNOW-HOW (INCLUDING, WITHOUT LIMITATION, THE ANY OF KB'S MANUFACTURING PROCESSES OR MANUFACTURING TECHNICAL INFORMATION) OR (y) ANY DISTRIBUTION PRODUCTS MANUFACTURED, USED OR SOLD HEREUNDER, INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, ALL COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, DEALING OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED USAGE IN THE WORK TRADE; (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES iii) ANY WARRANTY OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, DESCRIPTION OR WARRANTIES AS TO THE APPLICABILITY OTHERWISE CREATED BY ANY AFFIRMATION OF FACT OR ENFORCEABILITY PROMISE OR SAMPLE OR MODEL; OR (iv) ANY CLAIMS BASED ON ALLEGATIONS OF ANY SUCH THIRD PARTY WARRANTIES.INFRINGEMENT OR UNFAIR COMPETITION WITH

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) PAYING ORGANIZATION ASSUMES ALL RESPONSIBILITY FOR ITS PERFORMANCE SELECTION OF THE WORK HEREUNDERPLATFORM TO ACHIEVE ITS INTENDED RESULTS, FOR THE USE OF AND RESULTS OBTAINED FROM THE PLATFORM, AND FOR TAKING APPROPRIATE MEASURES TO PREVENT LOSS OF DATA. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS EXCEPT AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.2. COMPANY MAKES NO 13.1 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACONEX DISCLAIMS ALL WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, IMPLIED, STATUTORY OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ACONEX DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR THAT THE SERVICES WILL BE AVAILABLE WITHOUT INTERRUPTION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ACONEX WILL NOT BE LIABLE FOR ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSSPECIAL, LICENSORSPUNITIVE, EXEMPLARY, INDIRECT, CONSEQUENTIAL LOSS, OR PROVIDERS OTHER DAMAGES (INCLUDING LOSS OF MATERIALPROFIT, EQUIPMENTINTEREST, REVENUE, BUSINESS, GOODWILL, SAVINGS OR ANTICIPATED PROFIT OR ANY LOSS OF OR DAMAGE TO ANY CLIENT DATA, OR LOSS OF OR INTERRUPTION TO CLIENT'S BUSINESS), IN EACH CASE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE PROVISION OF THE PLATFORM OR THE SERVICES INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER ITEMS PROVIDED MALWARE, AND IN EACH CASE REGARDLESS OF WHETHER ACONEX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT OR USED OTHER, UNDER NO CIRCUMSTANCES WILL ACONEX'S (INCLUDING ITS OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND AGENTS): (A) LIABILITY IN ANY MONTH BE GREATER THAN 100% OF THE MONTHLY FEE; AND (B) ACONEX'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT EXCEED THE WORK, INCLUDING ITEMS INCORPORATED IN TOTAL AMOUNT OF FEES PAID BY THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT PAYING ORGANIZATION TO BE CONSIDERED WARRANTIES ACONEX UNDER THIS AGREEMENT THROUGH THE DATE THE CLAIM AROSE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.ITS ESSENTIAL PURPOSE. 15. INDEMNITIES

Disclaimers. 11.1 EXCEPT AS PROVIDED IN THIS SECTION 8, THE COMPANY IS NOT IN SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE BUSINESS “AS IS” CLAUSE OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, ANY PROJECTWITHOUT WHICH EASTBAY WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SERVICES, OR ANY WORK THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE DELIVERY OF THE SERVICES PERFORMED IN CONNECTION THEREWITHWILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, WHETHER WRITTEN EXPRESS, IMPLIED OR ORAL, STATUTORY, EXPRESS OR IMPLIEDREGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED PURPOSE AND DISCLAIMEDINFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES NO REPRESENTATION OR OTHER ITEMS PROVIDED AFFIRMATION OF FACT, REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR USED GIVE RISE TO ANY LIABILITY OF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 OTHER THAN AS MAY BE DESCRIBED IN AN SLA, THE COMPANY IS NOT IN SERVICES AND ANY LICENSOR PRODUCTS ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BUSINESS OF PERFORMING DESIGNSERVICES, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECTLICENSOR PRODUCTS, OR ANY WORK SOFTWARE OR SERVICES PERFORMED IN CONNECTION MATERIALS PROVIDED THEREWITH, WHETHER WRITTEN OR ORALTHE RESULTS TO BE ACHIEVED THEREFROM, STATUTORYINCLUDING ANY WARRANTY THAT THE SERVICES, EXPRESS LICENSOR PRODUCTS OR IMPLIEDSOFTWARE WILL BE UNINTERRUPTED, INCLUDINGERROR FREE, WITHOUT LIMITATIONSECURE OR FREE OF HARMFUL COMPONENTS, OR THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDANY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER ACKNOWLEDGES AND AGREES CENTURYLINK MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY WARRANTIES PROVIDED SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“ANY THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESPARTY.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNANY AND ALL INFORMATION, ENGINEERING MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED PROVIDED BY CARNEGIE MELLON PURSUANT TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS (INCLUDING THE DELIVERABLES), ARE GRANTED AND/OR PROVIDED ON AN "AS SET FORTH IN SECTION 3.2IS" BASIS. COMPANY CARNEGIE MELLON MAKES NO WARRANTIESWARRANTIES OF ANY KIND, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY MATTER, WITHOUT LIMITATIONAND ALL SUCH WARRANTIES, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNEGIE MELLON DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND AGREES THAT COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. SPONSOR IS PROHIBITED FROM MAKING ANY WARRANTIES EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS (INCLUDING THE DELIVERABLES) GRANTED AND/OR PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT CARNEGIE MELLON PURSUANT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESTHIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.28.1 (LIMITED WARRANTY), THE LICENSED SOFTWARE, SUPPORT, PROFESSIONAL SERVICES AND ALL RELATED OKERA SERVICES ARE PROVIDED “AS IS”. COMPANY MAKES OKERA AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE OR NONINFRINGEMENT. WITHOUT LIMITING ITS EXPRESS OBLIGATIONS IN SECTION 3 (SUPPORT), OKERA DOES NOT WARRANT THAT CUSTOMER’S USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET CUSTOMER’S PARTICULAR COMPLIANCE OR LEGAL NEEDS OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. OKERA IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND DISCLAIMEDELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OKERA’S CONTROL. CUSTOMER ACKNOWLEDGES AND AGREES THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSHORTEST LEGALLY PERMITTED PERIOD.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.25.1 ABOVE STATE CLEANBRAIN’S SOLE AND EXCLUSIVE WARRANTIES TO CLIENT CONCERNING THE SOFTWARE, CLEANTELLIGENT SUBSCRIPTION SERVICES, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, AND ALL OTHER ITEMS AND SERVICES PROVIDED HEREUNDER AND THE EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. COMPANY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, THE SOFTWARE, THE CLEANTELLIGENT SUBSCRIPTION SERVICES, AND DOCUMENTATION ARE PROVIDED STRICTLY “AS IS,” AND CLEANBRAIN MAKES NO ADDITIONAL WARRANTIES, REPRESENTATIONSEXPRESSED, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTSTATUTORY, ANY PROJECTAS TO THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, OR ANY WORK OR SERVICES PERFORMED MATTER WHATSOEVER. IN CONNECTION THEREWITHPARTICULAR, WHETHER WRITTEN OR ORALEXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED ANY AND ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSARISING IN LAW OR FROM COURSE OF DEALING, LICENSORSCOURSE OF PERFORMANCE, OR PROVIDERS USE OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)TRADE, ARE EXPRESSLY EXCLUDED. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY CLEANBRAIN. CLIENT HEREBY DISCLAIMS ANY RELIANCE ON ANY WARRANTY OR REPRESENTATION NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESEXPRESSLY SET FORTH IN THIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.210.1 (AWS WARRANTIES), THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1 (AWS WARRANTIES), AWS, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. COMPANY MAKES NO EXCEPT TO THE EXTENT PROHIBITED BY LAW, AWS, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON‐INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT IN SERVICES, DUOCIRCLE PROPERTIES, THE BUSINESS OF PERFORMING DESIGNDUOCIRCLE MARKS, ENGINEERING AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR CONSTRUCTION SERVICES FOR PROFIT INFORMATION PROVIDED BY DUOCIRCLE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERWITHOUT WARRANTY. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY DUOCIRCLE MAKES NO WARRANTIESWARRANTIES HEREUNDER, REPRESENTATIONSAND DUOCIRCLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ABSENCE OF LIEN, ENCUMBRANCE OR SECURITY INTEREST, QUIET ENJOYMENT, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. DUOCIRCLE DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR GUARANTEES FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITH OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. DUOCIRCLE SHALL NOT BE RESPONSIBLE FOR ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIEDSERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPOWER OUTAGES, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES SYSTEM FAILURES OR OTHER ITEMS PROVIDED INTERRUPTIONS. NO ADVICE OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“INFORMATION OBTAINED BY YOU FROM DUOCIRCLE OR FROM ANY THIRD PARTY WARRANTIES”), ARE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESEXPRESSLY STATED IN THIS AGREEMENT.

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY PROVIDED IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, (I) THE SERVICES AND ABRIGO PRODUCTS AND NON-ABRIGO PRODUCTS ARE PROVIDED “AS IS”, AND ABRIGO SHALL HAVE NO LIABILITY FOR ANY PROJECTERRORS OR OMISSIONS IN OR OTHER ASPECTS OF THE ABRIGO PRODUCTS, SERVICES OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYNON- ABRIGO PRODUCTS; AND (II) ABRIGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS CONCERNING RESULTS OBTAINED FROM CUSTOMER’S USE OF MATERIAL, EQUIPMENTTHE ABRIGO PRODUCTS, SERVICES OR NON-ABRIGO PRODUCTS. ABRIGO DOES NOT WARRANT THAT OPERATION OR USE OF THE ABRIGO PRODUCTS, SERVICES OR NON-ABRIGO PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR ENTIRELY SECURE. CUSTOMER WILL BEAR ALL RISK ASSOCIATED WITH ANY USE OF THE INTERNET OR OTHER ITEMS PROVIDED MEANS OF COMMUNICATION OR USED DATA TRANSMISSION BY CUSTOMER UNDER THIS AGREEMENT AND ABRIGO DISCLAIMS ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESUSE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF PERFORMING DESIGNANY KIND, ENGINEERING WHETHER EXPRESS, IMPLIED, STATUTORY OR CONSTRUCTION SERVICES FOR PROFIT OTHERWISE, AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, REPRESENTATIONSINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSTITLE, OR PROVIDERS NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT AND EXTRA AND NEW SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF MATERIAL, EQUIPMENT, SERVICES ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR OTHER ITEMS DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. THE CONTENT IS PROVIDED OR USED IN CONNECTION WITH TO THE WORK, INCLUDING ITEMS INCORPORATED IN USER FOR GENERAL INFORMATION ONLY. THE WORK (“THIRD PARTY WARRANTIES”), ARE CONTENT IS NOT TO BE CONSIDERED WARRANTIES NECESSARILY REFLECTIVE OF THE COMPANY VIEWS OR POLICIES OF INHEALTH, AND SHALL NOT BE CONSTRUED AS LEGAL ADVICE OR A REASONABLE SUBSTITUTION FOR LAW. WE DO NOT ENDORSE THE COMPANY MAKES NO REPRESENTATIONSQUALITY, GUARANTEESRELIABILITY, OR WARRANTIES AS TO ACCURACY OF THE APPLICABILITY CONTENT, NOR ANY INDIVIDUALS OR ENFORCEABILITY CORPORATIONS DESCRIBED HEREIN. YOU SHOULD USE YOUR OWN JUDGMENT IN MAKING USE OF ANY CONTENT AND ARE RESPONSIBLE FOR YOUR OWN RESEARCH AND DECISIONS. THE CONTENT DOES NOT REPLACE CONSULTATIONS WITH PROFESSIONAL ADVISORS, SUCH THIRD PARTY WARRANTIESAS QUALIFIED LEGAL PROFESSIONALS, ADJUSTERS, HEALTHCARE PROVIDERS, MEDICAL ASSESSORS, ACCOUNTANTS, AND/OR ENGINEERS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNANY AND ALL INFORMATION, ENGINEERING MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED PROVIDED BY CARNEGIE MELLON PURSUANT TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS (INCLUDING THE DELIVERABLES), ARE GRANTED AND/OR PROVIDED ON AN "AS SET FORTH IN SECTION 3.2IS" BASIS. COMPANY CARNEGIE MELLON MAKES NO WARRANTIESWARRANTIES OF ANY KIND, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY MATTER, WITHOUT LIMITATIONAND ALL SUCH WARRANTIES, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNEGIE MELLON DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND AGREES THAT COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. sponsor IS PROHIBITED FROM MAKING ANY WARRANTIES EXPRESS OR IMPLIED warranty TO ANY THIRD PARTY on behalf of Carnegie Mellon RELATING TO ANY MATTER, INCLUDING the application of or the results to be obtained FROM the information, materials, services, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS (INCLUDING THE DELIVERABLES) GRANTED AND/OR PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESCARNEGIE MELLON pursuant to this agreement.

Disclaimers. 11.1 ALIENVAULT DOES NOT WARRANT OR GURANTEE THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNTIMELINESS, ENGINEERING SEQUENCE, ACCURACY OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE COMPLETENESS OF THE WORK HEREUNDERSUBSCRIPTION AND ASSOCIATED DATA. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR SUBSCRIPTION AND ASSOCIATED DATA IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY ALLEGED FAILURE OF COMPANY TO KIND, EITHER EXPRESS OR IMPLIED. ALIENVAULT DOES NOT WARRANT THAT THE SUBSCRIPTION AND ASSOCIATED DATA WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PERFORMANCE STANDARDS OPERATION THEREOF WILL BE UNINTERRUPTED OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONSERROR FREE, OR GUARANTEES THAT THE AVFEED DATA FEEDS WILL OPERATE IN CONNECTION COMBINATION WITH THIS AGREEMENTANY PARTICULARL HARDWARE, ANY PROJECTSOFTWARE, SYSTEMS OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHDATA WHICH CUSTOMER MAY SELECT OTHER THAN ALIENVAULT PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER WRITTEN OR ORAL, STATUTORYALIENVAULT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDNON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSThe Subscription availability, LICENSORSdata definition and data accuracy are all subject to change. The Subscription data is collected from various sources and will change over time without notice. AlienVault assumes no responsibility or legal liability for the accuracy, OR PROVIDERS OF MATERIALcompleteness, EQUIPMENTreliability, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKtimeliness, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”)or usefulness of such information. Furthermore, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSalthough AlienVault reasonably believes that making the information available for Customer is not an infringement or other violation of any third party’s intellectual property rights, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.AlienVault makes no warranty or

Disclaimers. 11.1 THE COMPANY IS NOT EXCEPT AS EXPRESSLY STATED IN THE BUSINESS SECTION 9.1 OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESAND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, REPRESENTATIONSNEITHER LICENSOR NOR ANY AFFILIATE OR SUPPLIER OF LICENSOR MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE LICENSED MATERIALS, MAINTENANCE, SERVICES, HOSTED FEATURES OR GUARANTEES OTHER MATERIALS PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, . THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH AND NON- INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES LICENSOR DOES NOT WARRANT THAT ANY LICENSED MATERIALS WILL MEET LICENSEE’S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES LICENSOR WARRANT THAT ANY LICENSED MATERIALS WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES PROVIDED IS RULED INVALID, THEN LICENSOR DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY ORIGINAL MANUFACTURERSAPPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, LICENSORSTHEN LICENSOR WARRANTS THE LICENSED MATERIALS AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. Licensee agrees that no oral or written representation, statements, advice or advertisements by Licensor or its Affiliates, or their Resellers, agents or employees constitute any warranty or modification of the foregoing disclaimer and limited warranty, and Licensee is hereby notified that no such person has any authority to make any such modification or additional warranties. Exclusive Remedy. Licensee's exclusive remedy, and Licensor's sole liability, for Software that does not meet the warranty set forth in Section 9.1 will be, at Licensor's option: (i) to correct the non- conforming Software within a reasonable time so that it conforms to the warranty (or correct the Documentation within a reasonable time if, in Licensor’s judgment, the non-conformity results from error in the Documentation); (ii) to replace the non-conforming Software with another Licensor or Licensor Affiliate software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Licensee to terminate the license as to the non-conforming Software and refund of the unused license fees actually paid by Licensee for the non-conforming Software, provided that Licensee makes available all the information that may be necessary to help Licensor to remedy the non-conformance, including sufficient information to enable Licensor to recreate the non- conformance. LIMITATION OF LIABILITY. NEITHER LICENSOR NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES; FOR LOSS OF USE, PROFITS, REVENUE, SAVINGS; FOR LOSS OR CORRUPTION OF DATA; FOR COSTS OF PRODUCT RECALL, INJURY TO REPUTATION, OR PROVIDERS LOSS OF MATERIALCUSTOMERS; FOR LOSS OF, EQUIPMENTLOSS OF USE OF, SERVICES OR DAMAGE TO OTHER ITEMS PROVIDED EQUIPMENT OR USED PROPERTY; OR FOR DOWNTIME OR BUSINESS INTERRUPTION; ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE WORKLICENSED MATERIALS, INCLUDING ITEMS INCORPORATED MAINTENANCE, SUBSCRIPTION, SERVICES, HOSTED FEATURES, OTHER MATERIALS OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR CLAIM. THE LIABILITY OF LICENSOR AND ITS AFFILIATES, IN THE WORK AGGREGATE, WHETHER IN CONTRACT, TORT (“THIRD PARTY WARRANTIES”INCLUDING NEGLIGENCE), ARE NOT TO BE CONSIDERED WARRANTIES OR OTHERWISE, ARISING OUT OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSOR IN CONNECTION WITH ANY LICENSE, GUARANTEESMAINTENANCE, SUBSCRIPTION, SERVICES, OR WARRANTIES AS OTHER OFFERING OFFERED OR FURNISHED UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE FEE THAT LICENSEE ACTUALLY PAID FOR SUCH LICENSE, MAINTENANCE, SUBSCRIPTION, SERVICES, OR OTHER OFFERING IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION THAT GAVE RISE TO SUCH LIABILITY. NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH ANY OFFERING OR THIS AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN ONE YEAR AFTER THE EVENT GIVING RISE TO THE APPLICABILITY CAUSE OF ACTION HAS OCCURRED. THE EXCLUSIONS AND LIMITATION IN SECTION 10 SHALL NOT APPLY IN CASES OF: (I) FRAUD OR ENFORCEABILITY FRAUDULENT MISREPRESENTATION; (II) BODILY INJURY OR DEATH CAUSED BY LICENSOR’S NEGLIGENCE; OR (III) TO THE EXTENT THAT LIABILITY CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW. TO THE EXTENT ANY APPLICABLE LAW LIMITS THE SCOPE OF ANY THIS SECTION 10, THIS AGREEMENT SHALL BE INTERPRETED TO CONFORM TO SUCH THIRD PARTY WARRANTIESLAW IN A MANNER THAT LIMITS LICENSOR’S AND ITS AFFILIATES’ AND SUPPLIERS’ LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW.

Disclaimers. 11.1 THE COMPANY IS NOT IN NINTENDO INTELLECTUAL PROPERTY RIGHTS, NINTENDO’S CONFIDENTIAL INFORMATION, DEVELOPMENT MATERIALS, GUIDELINES, NINTENDO NETWORK, SECURITY TECHNOLOGY, AND SYSTEM UPDATES ARE MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE BUSINESS MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO (ON BEHALF OF PERFORMING DESIGNITSELF, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT ITS AFFILIATES, SUPPLIERS AND IS NOT RECEIVING LICENSORS) EXPRESSLY DISCLAIMS ANY FEE OR PROFIT (AS CONTRASTED AND ALL WARRANTIES WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF RESPECT TO THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESNINTENDO INTELLECTUAL PROPERTY RIGHTS, REPRESENTATIONSNINTENDO’S CONFIDENTIAL INFORMATION, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTDEVELOPMENT MATERIALS, ANY PROJECTGUIDELINES, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITHNINTENDO NETWORK, WHETHER WRITTEN OR ORAL, STATUTORYSECURITY TECHNOLOGY AND SYSTEM UPDATES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CONTENT PROVIDER ACKNOWLEDGES THAT THE NINTENDO NETWORK MAY BE SUBJECT TO DISRUPTIONS, AND THAT NINTENDO MAY DECIDE TO DISCONTINUE OR TERMINATE ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES PART OF THE COMPANY NINTENDO NETWORK, INCLUDING, WITHOUT LIMITATION, NINTENDO SHOP’S FUNCTIONALITY, AT ANY TIME IN NINTENDO’S SOLE DISCRETION AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, WITH OR WARRANTIES AS WITHOUT NOTICE OR REMEDY TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESCONTENT PROVIDER.

Disclaimers. 11.1 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE COMPANY SERVICES IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDERAT YOUR SOLE RISK. THE EXCLUSIVE REMEDY GRANTED SERVICES ARE PROVIDED “AS IS.” PAX8 AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THIRD-PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS EXTENT PROHIBITED BY LAW OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS OTHERWISE SET FORTH IN SECTION 3.2. COMPANY MAKES NO HEREIN, PAX8 AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH EXPRESSLY PROVIDED IN SECTION 3.210.1 (LIMITED WARRANTY), THE SERVICE, SUPPORT, PROFESSIONAL SERVICES AND ALL RELATED COLLIBRA SERVICES ARE PROVIDED “AS IS”. COMPANY MAKES COLLIBRA AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE OR NONINFRINGEMENT. WITHOUT LIMITING ITS EXPRESS OBLIGATIONS IN SECTIONS 3 (SLA AND SUPPORT) AND 4.2 (SECURITY), COLLIBRA DOES NOT WARRANT THAT CUSTOMER’S USE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. COLLIBRA IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND DISCLAIMEDELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE COLLIBRA’S CONTROL, INCLUDING THE FAILURE TO PROMPTLY IMPLEMENT THE LATEST RELEASE OF THE SERVICE AND/OR SOFTWARE BY OR AT THE DIRECTION OF CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO WILL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS LIMITED TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSHORTEST LEGALLY PERMITTED PERIOD.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED EXPRESS WARRANTIES IN THIS AGREEMENT IS AS SET FORTH SHALL BE IN SECTION 3.2. COMPANY MAKES NO LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONSEXPRESS, IMPLIED OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED TITLE AND DISCLAIMED. CUSTOMER ACKNOWLEDGES NON-INFRINGEMENT, AND AGREES THAT ANY WARRANTIES PROVIDED ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. DIFFEO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY ORIGINAL MANUFACTURERS, LICENSORS, THE OPERATION OF THE LICENSED PRODUCTS ON OTHER THAN THE COMPUTER AND OPERATING SYSTEM IDENTIFIED IN THIS AGREEMENT OR PROVIDERS ACTS OF MATERIAL, EQUIPMENT, SERVICES ABUSE OR OTHER ITEMS PROVIDED MISUSE BY CUSTOMER. DIFFEO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OR USED DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE WORKINTERRUPTION OR LOSS OF USE OF THE LICENSED PRODUCTS. DIFFEO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOST DATA. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION V, DIFFEO AND ITS LICENSORS SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY DUE TO CUSTOMER’S USE OF THE PRODUCTS OR DUE TO CUSTOMER’S ACTS, INCLUDING ITEMS INCORPORATED IN NEGLIGENCE. THE WORK (“LICENSED PRODUCTS INCORPORATE PROPRIETARY INFORMATION AND TECHNOLOGY OF THIRD PARTY WARRANTIES”)PARTIES. NO REPRESENTATION OR WARRANTY, ARE NOT EXPRESS OR IMPLIED, IS GIVEN BY DIFFEO OR ANY OF SUCH THIRD PARTIES WITH RESPECT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESPROPRIETARY INFORMATION AND TECHNOLOGY.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, BOTH PARTIES' SERVICES, INFORMATION, CONTENT AND OTHER MATERIALS DELIVERED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. EACH PARTY SPECIFICALLY DISCLAIMS ANY PROJECT, REPRESENTATIONS OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGREGARDING ANY MATERIALS PROVIDED UNDER THIS AGREEMENT, WITHOUT LIMITATIONINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDDEALING OR COURSE OF PERFORMANCE. CUSTOMER ACKNOWLEDGES AND AGREES EXCEPT FOR THE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSITS SERVICE WILL BE UNINTERRUPTED, LICENSORSSECURE, OR PROVIDERS ERROR FREE. THE PARTIES ACKNOWLEDGE THAT USE OF MATERIALANY DATA OR INFORMATION OBTAINED BY USERS THROUGH EITHER PARTY'S SERVICE IS AT USERS' OWN DISCRETION AND RISK, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED AND THAT USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM USE THEREOF. EACH PARTY AGREES TO INCLUDE A DISCLAIMER IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS SUBSTANTIALLY SIMILAR FORM TO THE APPLICABILITY PREVIOUS SENTENCE IN THEIR RESPECTIVE USER'S AGREEMENTS OR ENFORCEABILITY TERMS AND CONDITIONS OF ANY SUCH THIRD PARTY WARRANTIESUSE FOR THEIR RESPECTIVE SERVICES.

Disclaimers. 11.1 IT IS AGREED AND ACKNOWLEDGED THAT (I) THE COMPANY IS NOT IN SERVICES INCLUDE A COMPLEX COMPUTER SOFTWARE THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF WHICH WILL VARY INTER-ALIA DEPENDING ON THE WORK HEREUNDER. CUSTOMER’S HARDWARE PLATFORM, SOFTWARE INTERACTIONS, NETWORK, THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER CONFIGURATION OF THE SOLUTION AND OTHER FACTORS WHICH ARE NOT CONTROLLED BY IVIX AND THAT EXCEPT FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.2. COMPANY MAKES NO 5.1 ABOVE THE SERVICES AND THE DOCUMENTATION ARE PROVIDED “AS IS”, AND IVIX EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY CONCERNING USE, PERFORMANCE, ACCURACY, FITNESS FOR PURPOSE, OR GUARANTEES IN CONNECTION RESULTS OF THE SERVICES,IVIX DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT CUSTOMER’S USE OF THE SERVICES WILL BE UNINTERRUPTED, THAT IT WILL BE COMPATIBLE WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES CUSTOMER’S EQUIPMENT OR SOFTWARE CONFIGURATIONS OR THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IVIX WILL CORRECT ALL ERRORS IN THE WORK SERVICES; AND (“THIRD PARTY WARRANTIES”), II) THE SERVICES ARE NOT TO BE CONSIDERED WARRANTIES PROVIDED SOLELY AS A DECISION ASSISTING TOOL AND ANY OUTPUT AND IMPLEMENTATION BY CUSTOMER OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS SOLUTION SERVICE MUST BE VALIDATED BY CUSTOMER PRIOR TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.THEIR IMPLEMENTATION. o

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY EACH PARTY MAKES NO REPRESENTATIONS OR WARRANTIES, REPRESENTATIONSEXPRESS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS STATUTORY OR IMPLIED, INCLUDINGAS TO THE ACCURACY AND COMPLETENESS OF MATERIALS, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY DOCUMENTS AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED OTHER INFORMATION MADE AVAILABLE BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED SUCH PARTY IN CONNECTION WITH THE WORKPERFORMANCE OF THIS AGREEMENT AND SUCH PARTY EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT OR INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO EACH OTHER PARTY OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, CONSULTANTS OR REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO SUCH OTHER PARTIES, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PURSUANT TO SECTION 9.1). EACH PARTY WARRANTIES”)EXPRESSLY AGREES THAT ANY RELIANCE UPON OR CONCLUSIONS DRAWN FROM ANY MATERIALS, ARE NOT TO DOCUMENTS AND OTHER INFORMATION PROVIDED BY ANOTHER PARTY SHALL BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS AT ITS OWN RISK TO THE APPLICABILITY MAXIMUM EXTENT PERMITTED BY LAW AND SHALL NOT GIVE RISE TO ANY LIABILITY OF OR ENFORCEABILITY AGAINST THE PROVIDING PARTY. EACH PARTY HEREBY WAIVES AND RELEASES ANY CLAIMS ARISING UNDER THIS AGREEMENT, COMMON LAW OR ANY STATUTE ARISING OUT OF ANY MATERIALS, DOCUMENTS OR INFORMATION PROVIDED BY ANOTHER PARTY TO SUCH THIRD PARTY. EACH PARTY WARRANTIESagreeS that, to the extent required by applicable Law to be effective, the disclaimers of certain representations and warranties contained in this Section 9.2 are “conspicuous” disclaimers for the purpose of any applicable Law.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT CONTRACT, THE XXXXXX CORE TECHNOLOGY IS PROVIDED ON AN “AS SET FORTH IN SECTION 3.2. COMPANY MAKES IS” BASIS AND NO WARRANTIES, REPRESENTATIONSWHETHER EXPRESS, IMPLIED IN FACT OR GUARANTEES IN CONNECTION BY OPERATION OF LAW, STATUTORY OR OTHERWISE, ARE MADE WITH RESPECT THERETO OR OTHERWISE BY CONTRACTOR UNDER THIS AGREEMENTCONTRACT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONTRACTOR DOES NOT WARRANT THAT THE XXXXXX CORE TECHNOLOGY WILL MEET COUNTY’S REQUIREMENTS, BUT DOES WARRANT THAT THE SERVICES WILL CONFORM TO THE REQUIREMENTS OF THIS CONTRACT AND WILL PROVIDE ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSMATERIAL FUNCTIONALITY REQUIRED IN THIS CONTRACT, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THAT THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES USE OF THE COMPANY XXXXXX CORE TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; HOWEVER, SUBJECT TO COUNTY’S COMPLIANCE WITH THIS CONTRACT, CONTRACTOR SHALL PROVIDE TO COUNTY COMMERCIALLY REASONABLE CONTINUOUS AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS UNINTERRUPTED ACCESS TO THE APPLICABILITY OR ENFORCEABILITY SERVICE AND SHALL NOT INTERFERE WITH COUNTY’S ACCESS TO AND USE OF ANY SUCH THIRD PARTY WARRANTIESTHE SERVICE DURING THE TERM OF THIS CONTRACT.

Disclaimers. 11.1 EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED EXPRESS WARRANTIES SPECIFIED IN THIS AGREEMENT IS SECTION 6, THE SERVICES ARE PROVIDED “AS SET FORTH IN SECTION 3.2. COMPANY IS” AND AS AVAILABLE, AND MEDICOM MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIEDIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL SATISFACTORY QUALITY, QUIET ENJOYMENT, NONINFRINGEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDINTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING MEDICOM DOES NOT WARRANT THAT THE SERVICES WILL PERFORM WITHOUT ERROR OR INTERRUPTION OR BE FREE OF HARMFUL COMPONENTS, WILL MEET CUSTOMER’S REQUIREMENTS, OR BE TIMELY OR SECURE, OR THAT ANY CONTENT, INCLUDING CUSTOMER DATA OR ANY THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. CUSTOMER ACKNOWLEDGES AND AGREES THAT WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY WARRANTIES PROVIDED REPRESENTATION OR WARRANTY ON BEHALF OF MEDICOM TO ANY THIRD PARTY. MEDICOM IS NOT RESPONSIBLE FOR ANY DECISION MADE OR ACTION TAKEN BY ORIGINAL MANUFACTURERSCUSTOMER, LICENSORSEND USERS, OR PROVIDERS OF MATERIALANY OTHER PERSON, EQUIPMENT, IN RELIANCE UPON THE SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESMATERIALS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY PROJECT, TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY WORK KIND OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYCHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, ALL TITLE ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION (INCLUDING, BUT NOT LIMITED TO, HAZARDOUS MATERIALS CONTAMINATION), UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDTHE PROPERTY WITH GOVERNMENTAL LAWS, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. CUSTOMER BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT UPON CLOSING SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS.” SELLER AND BUYER AGREE THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS THE PROVISIONS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THIS PARAGRAPH 28 SHALL SURVIVE THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES CLOSING OF THE COMPANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO RECORDING OF THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESDEED HEREUNDER.

Disclaimers. 11.1 TO THE COMPANY IS NOT IN MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY OUTLINED ABOVE, SUPPLIER (INCLUDING ITS CONTRACTORS AND SUPPLIERS) PROVIDE THE BUSINESS OF PERFORMING DESIGNNETWORK, ENGINEERING OR CONSTRUCTION THE NETWORK PLATFORM, THE TOOLS, AND THE SERVICES FOR PROFIT ASSOCIATED WITH THE NETWORK ON AN “AS-IS’ BASIS. SUPPLIER HEREBY DISCLAIMS AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESOTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING REPRESENTATIONS, GUARANTEES OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTWARRANTIES AS TO ACCURACY, ANY PROJECTADVERTISERABILITY, NON-INFRINGEMENT, COMPLETENESS, CURRENTNESS, TITLE, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUPPLIER DOES NOT WARRANT THAT YOUR USE OF THE NETWORK, ALL THE NETWORK PLATFORM, OR SUPPLIER TOOLS WILL RESULT IN ANY PARTICULAR LEVEL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES INCOME OR BUSINESS TO YOU, OR THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERStorno de ou nos Links de Qualificação e outros conteúdos de publicidade. a. “Publicidade com base em interesses” significa xxxx xxx (x) a xxxxxx de dados xx xxxxxx propriedades digitais ou outras xxxxxx com o(s) propósito(s) de criar perfis e fornecer publicidade com base em preferências ou interesses conhecidos ou inferidos dos dados coletados e (y) a xxxxxx de dados sobre a atividade de um usuário em uma propriedade digital ou fonte para fins de criação de perfil e entrega de publicidade com base nesses dados em uma propriedade digital diferente. 6.2 Conformidade com as disposições de dados adicionais. Dependendo da localização de Sua empresa e do tráfego através de Seus Sites, LICENSORSVocê concorda ainda com as disposições de proteção de dados estabelecidas no Anexo I. Se você deixar de cumprir os requisitos xxxxx seção, OR PROVIDERS OF MATERIALo Fornecedor se reserva o direito de suspender os pagamentos que, EQUIPMENTde forma razoável, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORKacredita que esteja relacionado a atividades não conformes, INCLUDING ITEMS INCORPORATED IN THE WORK ou de suspender ou encerrar Sua conta de acordo com o Contrato. Se você determinar que certas Xxxx de Proteção de Dados não se aplicam a você, você concorda em fornecer ao Fornecedor sua análise concluindo a mesma ou em fornecer informações detalhadas sobre as etapas específicas que você realiza para garantir que os indivíduos localizados na jurisdição aplicável, ou de outra forma garantir que indivíduos localizados em uma jurisdição específica regulamentada não visitem Seu Site usando a Rede ou as Ferramentas do Fornecedor. 7. DECLARAÇÕES E GARANTIAS 7.1 Por ambas as partes. Cada parte por meio deste declara, garante e concorda que: (a) é devidamente organizada, legalmente existente e tem plena autoridade para celebrar este Contrato; (b) tem plena autoridade para desempenhar as suas funções nos termos do presente Contrato; (c) cumprirá todas as xxxx, regras e regulamentos aplicáveis à operação de seus negócios e ao seu desempenho nos termos deste Contrato; e (d) o desempenho nos termos deste Contrato não entra em conflito com qualquer outra obrigação para com qualquer outra parte sob a qual esteja vinculado, incluindo direitos de propriedade e privacidade. 7.2 Pelo Parceiro Afiliado. Você ainda declara, garante e concorda que: a) as informações que Você forneceu como parte do processo de registro ou de outra forma, são e serão verdadeiras, precisas e completas; e b) a propriedade digital na qual Você inclui nossos Links de Qualificação fornece aos usuários um benefício solicitado pelo usuário. 7.3 ISENÇÃO DE RESPONSABILIDADE. NA MEDIDA MÁXIMA PERMITIDA POR LEI E EXCETO CONFORME EXPRESSAMENTE DESCRITO ACIMA, O FORNECEDOR (INCLUINDO SUAS CONTRATADAS E FORNECEDORES) FORNECE A REDE, PLATAFORMA DA REDE, AS FERRAMENTAS E OS SERVIÇOS ASSOCIADOS À REDE “THIRD PARTY WARRANTIESNO ESTADO”). O FORNECEDOR, ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSPOR MEIO DESTE, GUARANTEESSE ISENTA E NÃO FAZ NENHUMA OUTRA DECLARAÇÃO OU GARANTIA DE QUALQUER TIPO, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESEXPRESSA, IMPLÍCITA OU ESTATUTÁRIA, INCLUINDO DECLARAÇÕES OU GARANTIAS QUANTO À PRECISÃO, PUBLICIDADE, NÃO VIOLAÇÃO, INTEGRIDADE, ATUALIDADE, TÍTULO OU ADEQUAÇÃO A UM PROPÓSITO ESPECÍFICO. O FORNECEDOR NÃO GARANTE QUE O USO DA REDE, PLATAFORMA DA REDE OU DAS FERRAMENTAS DO FORNECEDOR RESULTARÁ EM QUALQUER NÍVEL ESPECÍFICO DE RECEITA OU NEGÓCIO PARA VOCÊ, OU QUE QUAISQUER LINKS DE QUALIFICAÇÃO OU COMPROMISSOS ESTARÃO DISPONÍVEIS PARA VOCÊ.

Disclaimers. 11.1 11.1.1 T-Mobile shall not be liable for any deficiency in performance caused in whole or in part by act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, Unit failure, Network failures, Network problems, lack of coverage or network capacity, equipment or facility upgrade or modification, acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility shortage or relocation, or causes beyond T-Mobile’s reasonable control, including without limitation, the failure of an incoming or outgoing call, including a 9-1-1 emergency call, to be connected or completed or for the functionality of location services, including 9-1-1 location services. EVEN IF T-MOBILE OR ANY OF THE COMPANY T-MOBILE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S AFFILIATES, EMPLOYEES, AGENTS, END USERS, CUSTOMER'S AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY EQUIPMENT, INCLUDING WITHOUT LIMITATION: DISCLAIMED DAMAGES OR LOSS OF PRIVACY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOSS OF DATA, COST OF REPLACEMENT PRODUCTS AND SERVICES, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY ANY EQUIPMENT, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THE SERVICE IS NOT IN THE BUSINESS OF PERFORMING DESIGNGUARANTEED AGAINST EAVESDROPPERS, ENGINEERING HACKERS, ATTACKS, VIRUSES, OR CONSTRUCTION SERVICES FOR PROFIT INTERCEPTORS, AND IS CUSTOMER AGREES THAT T-MOBILE SHALL NOT RECEIVING ANY FEE BE LIABLE TO CUSTOMER, CUSTOMER'S AGENTS OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER END USERS FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS NETWORK, LACK OF PRIVACY OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESSECURITY.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED SPECIFICALLY PROVIDED IN THIS AGREEMENT IS SECTION 14 (Representations and Warranties), THE SYSTEM AND ALL TOYBOX PERFORMANCE OBLIGATIONS ARE PROVIDED “AS SET FORTH IS” WITHOUT WARRANTY OF ANY KIND. TOYBOX DOES NOT WARRANT (A) THAT THE SYSTEM OR TOYBOX PERFORMANCE OBLIGATIONS WILL MEET SUBSCRIBER’S REQUIREMENTS OR RESULT IN SECTION 3.2ANY DESIRED OUTCOME, OR (B) THAT THE SYSTEM’S OPERATION OR THE DELIVERY OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAKES NO TO THE FULLEST EXTENT PERMITTED BY LAW, TOYBOX HEREBY DISCLAIMS (FOR ITSELF, ITS SERVICE PROVIDERS AND ITS LICENSORS) ALL OTHER REPRESENTATIONS AND WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN, WITH RESPECT TO THE SYSTEM AND PERFORMANCE OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY AND OR FITNESS FOR A ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMEDDEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.15 Indemnification.‌

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGNNOTWITHSTANDING ANY COMMUNICATIONS BETWEEN Fractalous AND CLIENT, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED EXPRESSLY STATED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIESMSA, REPRESENTATIONSNEITHER Fractalous NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENTLICENSORS MAKE ANY WARRANTIES OF ANY KIND, ANY PROJECT, ORAL OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYWRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT CONFORMITY TO ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERSREPRESENTATION OR DESCRIPTION, LICENSORSCOMPLETELY SECURE, ERROR-FREE, NON-INTERRUPTION, OR PROVIDERS OF MATERIALNON-INTERFERENCE. EXCEPT AS EXPRESSLY STATED IN THIS MSA, THE SERVICES AND SYSTEMS PROVIDED UNDER OR ASSOCIATED WITH THIS MSA, INCLUDING THIRD PARTY PRODUCTS OR EQUIPMENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF THESE DISCLAIMERS SHALL APPLY UNLESS PROHIBITED BY APPLICABLE LAW. Fractalous IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR THE PERFORMANCE OR QUALITY OF ANY THIRD PARTY VENDOR, THEIR THIRD PARTY PRODUCTS OR THEIR SUPPLIERS, AND THEIR FAILURE WILL NOT AFFECT CLIENT’S OBLIGATIONS TO Fractalous. CLIENT’S USE OF THE SERVICES OR OTHER ITEMS PROVIDED OR USED SHALL BE AT ITS OWN RISK AND CLIENT AGREES TO SEEK REDRESS AGAINST THE THIRD PARTY VENDOR IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, ANY GRIEVANCES OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESCLAIMS.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER EXCEPT FOR ANY ALLEGED FAILURE WARRANTY EXPRESSLY PROVIDED ABOVE, THE SOFTWARE, DOCUMENTATION, AND THE SAAS PLATFORM ARE PROVIDED "AS-IS", “AS-AVAILABLE”, AND COMPANY PROVIDES NO OTHER WARRANTIES OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYKIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, DOCUMENTATION OR SAAS PLATFORM. EXCEPT AS SPECIFIED IN THIS SECTION 11, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL SATISFACTORY QUALITY, NON-INFRINGEMENT (WITHOUT LIMITING COMPANY’S INDEMNIFICATION OBLIGATIONS), NON- INTERFERENCE, ACCURACY OF WHICH INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY EXCLUDED DISCLAIMED BY COMPANY, ITS SUPPLIERS AND DISCLAIMEDLICENSORS. CUSTOMER ACKNOWLEDGES FURTHER, COMPANY AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS ITS LICENSORS DO NOT WARRANT THE RESULTS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES USE OF THE COMPANY AND SOFTWARE OR DOCUMENTATION OR SAAS PLATFORM OR THAT THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, SOFTWARE OR WARRANTIES AS TO THE APPLICABILITY SAAS PLATFORM IS BUG/ERROR FREE OR ENFORCEABILITY THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF ANY SUCH THIRD PARTY WARRANTIESWARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Disclaimers. 11.1 EXCEPT FOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT REPRESENTATIONS AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS WARRANTIES SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES2.6(6), REPRESENTATIONSARTICLE VIII, THIS ARTICLE V, SECTION 11.6 AND ELSEWHERE IN THIS AGREEMENT AND THE OTHER TRANSACTION DOCUMENTS, THE FACILITIES ARE TRANSFERRED “AS IS, WHERE IS”, AND SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, WARRANTIES OF ANY PROJECT, KIND OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORYNATURE, EXPRESS OR IMPLIED, INCLUDINGAS TO LIABILITIES, WITHOUT LIMITATIONOPERATIONS OF THE FACILITIES, VALUE OR QUALITY OF THE IMPLIED FACILITIES OR THE PROSPECTS (FINANCIAL AND OTHERWISE), RISKS AND OTHER INCIDENTS OF THE FACILITIES. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 2.6(6), ARTICLE VIII, THIS ARTICLE V, SECTION 11.6 AND ELSEWHERE IN THIS AGREEMENT AND THE OTHER TRANSACTION DOCUMENTS, SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORSPURPOSE WITH RESPECT TO THE FACILITIES, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES ANY PART THEREOF. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH REPRESENTATION CONCERNING THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES PERFORMANCE OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONSFACILITIES. Section aq.
Title . Title to all replacement items, GUARANTEESreplacement parts, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESreplacement materials and replacement equipment supplied under or pursuant to this Agreement to Buyer shall transfer to Buyer upon installation or inclusion in a Facility. Upon replacement of an item or part as part of the Facility Services provided hereunder, Seller shall remove such item or part and shall have the right to dispose of such replaced property in any manner that it chooses in its sole discretion (subject to Section 4.2(3)).

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (EXCEPT AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS EXPRESSLY SET FORTH IN SECTION 3.210.1 (AWS WARRANTIES), THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1 (AWS WARRANTIES), AWS, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. COMPANY MAKES NO EXCEPT TO THE EXTENT PROHIBITED BY LAW, AWS, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY ARISING OUT OF ANY SUCH THIRD PARTY WARRANTIESCOURSE OF DEALING OR USAGE OF TRADE.

Disclaimers. 11.1 THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN, ENGINEERING OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED RESPECT TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY MATTERS PERTAINING TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, ANY PROJECTNEITHER PARTY NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES WILL BE LIABLE FOR, NOR WILL THE MEASURE OF DAMAGES INCLUDE ANY WORK INCIDENTAL, SPECIAL, CONSEQUENTIAL INDIRECT OR SERVICES PERFORMED PUNITIVE DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS, LOSS OF CONTRACTS OR OPPORTUNITY, OR COST OF CAPITAL REGARDLESS OF THE BASIS ON WHICH A PARTY IS ENTITLED TO CLAIM DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. LIMITATIONS OR EXCLUSIONS OF LIABILITY HEREUNDER DO NOT APPLY TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND CONFIDENTIALITY AND NON-USE OBLIGATIONS AND OBLIGATIONS UNDER SECTIONS 2(e), 8(a)(ii), AND 8(e). NEITHER PARTY REPRESENTS THAT THE STUDY SHALL LEAD TO ANY PARTICULAR RESULT, NOR IS THE SUCCESS OF THE STUDY GUARANTEED. NEITHER PARTY SHALL BE LIABLE FOR ANY USE THAT THE OTHER PARTY MAY MAKE OF THE CLINICAL DATA OR STUDY RESULTS NOR FOR ADVICE OR INFORMATION GIVEN IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.

Disclaimers. 11.1 THE COMPANY EQUIPMENT/CONSUMABLE WARRANTY IS NOT EXCLUSIVE AND IN THE BUSINESS LIEU OF PERFORMING DESIGN, ENGINEERING ALL OTHER WARRANTIES BY NANTCELL UNDER OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED RELATING TO CUSTOMER FOR ANY ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS CONTAINED IN THIS AGREEMENT IS AS SET FORTH IN SECTION 3.2(INCLUDING WITH RESPECT TO THE EQUIPMENT AND CONSUMABLES). COMPANY MAKES NO WARRANTIESNEITHER PARTY MAKES, REPRESENTATIONSAND EACH PARTY HEREBY EXPRESSLY DISCLAIMS, ANY OTHER REPRESENTATIONS OR GUARANTEES WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH ANY EQUIPMENT OR CONSUMABLES OR ANY OTHER ASPECTS OF THIS AGREEMENT, INCLUDING ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, ALL ACCURACY, NON-INFRINGEMENT OF WHICH ARE HEREBY EXPRESSLY EXCLUDED THIRD PARTY RIGHTS OR TITLE, AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FURTHER, BUYER WILL BE RESPONSIBLE FOR ENSURING THAT: (I) THE EQUIPMENT AND CONSUMABLES (PROVIDED SUCH ITEM COMPLIES WITH APPLICABLE SPECIFICATIONS WHEN DELIVERED) ARE SUITABLE FOR BUYER’S INTENDED USE; (II) THE EQUIPMENT AND CONSUMABLES ARE HANDLED IN A SAFE MANNER AND (III) BUYER’S USE OF THE EQUIPMENT AND CONSUMABLES, AND ANY DEVICES AND OTHER MATERIALS PROVIDED BY ORIGINAL MANUFACTURERS, LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT, SERVICES OR OTHER ITEMS PROVIDED OR USED BUYER FOR USE IN CONNECTION WITH THE WORKEQUIPMENT, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY COMPLY WITH RELEVANT NATIONAL AND THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIESINTERNATIONAL SAFETY REGULATIONS. 5. CONFIDENTIALITY.