Common use of Disclaimers Clause in Contracts

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, EARLY ACCESS TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, EARLY ACCESS TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. (a) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES MADE IN THIS AGREEMENT, ALL YRI OR YAHOO PAGES, YAHOO PROPERTIES, ZILLOW SITE(S), ZILLOW CONTENT, ZILLOW LISTINGS, AND ANY APIs, FEEDS, DATA, CONTENT OR MATERIALS PROVIDED BY EITHER PARTY (OR ITS AFFILIATES) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWOTHER PARTY (OR ITS AFFILIATES) IN CONNECTION WITH THIS AGREEMENT (COLLECTIVELY AND INTERCHANGEABLY, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT “COVERED SUBJECT MATTER”) ARE PROVIDED “AS IS.” THE REPRESENTATIONS AND “AS AVAILABLE” WITHOUT ANY WARRANTY WARRANTIES IN SECTION 6 ARE IN LIEU OF ANY KIND. ANY EXPRESS OR IMPLIED ALL OTHER WARRANTIES, INCLUDINGREPRESENTATIONS, BUT NOT LIMITED TOASSURANCES, THE OR CONDITIONS, EXPRESS, IMPLIED, Yahoo! Inc. and Xxxxxx.xxx 20 [***] Certain information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Homes for Sale Partnership STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEMERCHANTABILITY, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY INFRINGEMENT, AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT AS TO THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY SUFFICIENCY OF ANY KIND. REVENUES ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD OTHER PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSRECEIVE IN CONNECTION WITH ACTIVITIES UNDER THIS AGREEMENT.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, SELLER’S EXPRESS REPRESENTATIONS AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO WARRANTIES SET FORTH IN THIS AGREEMENT ARE PROVIDED “AS IS” EXCLUSIVE AND “AS AVAILABLE” WITHOUT ANY WARRANTY ARE IN LIEU OF ANY KIND. ANY EXPRESS OR IMPLIED ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER’S INTEREST IN THE ASSETS TO BE CONVEYED TO ULTRA RESOURCES SHALL BE CONVEYED PURSUANT HERETO WITHOUT (i) ANY WARRANTY, COVENANT OR REPRESENTATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO TITLE TO THE ASSETS (OTHER THAN BY, THROUGH OR UNDER SELLER), THE IMPLIED WARRANTIES CONDITION, QUANTITY, QUALITY, EXISTENCE OF MERCHANTABILITYDEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR PROPERTY OR ITS FITNESS FOR ANY PURPOSE OR (ii) ANY OTHER EXPRESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIESIMPLIED, DEVELOPED PROPERTY DEVELOPED BY ORACLE, STATUTORY OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT WARRANTY OR REPRESENTATION WHATSOEVER. BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE ASSETS, AND, SUBJECT TO BUYER’S EXPRESS RIGHTS UNDER THIS AGREEMENT (I) WILL BE ERROR-FREEAND THE OTHER TRANSACTION DOCUMENTS, (II) WILL BE FREE BUYER AND ULTRA RESOURCES SHALL ACCEPT ALL OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH THE SAME IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED THEIR “AS IS”, “WHERE IS” AND CONDITION, “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR WITH ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSFAULTS”.

Disclaimers. TO WITHOUT LIMITING THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWRESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE SUITECLOUD TECHNOLOGIESRESEARCH COLLABORATION OR ANY SELECTED CONJUGATE WILL BE SUCCESSFUL, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO IN WHOLE OR IN PART. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. AGREEMENT, EACH PARTY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOBY STATUTE OR OTHERWISE, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. FOR THE AVOIDANCE OF DOUBT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, PEPTIDREAM IS NOT WARRANTING, AND NONHEREBY DISCLAIMS ALL WARRANTIES, THAT ANY SELECTED CONJUGATE WILL NOT INFRINGE ON AN EXISTING THIRD-INFRINGEMENT PARTY RIGHT, AND PEPTIDREAM ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY ASSOCIATED WITH (A) ANY INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT RELATED TO THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, COLLABORATION TARGETS AND/OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, RAYZEBIO RESEARCH MATERIALS; OR (IVB) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY ANY PRODUCT OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS REGULATORY LIABILITY CLAIMS RELATED TO THE COLLABORATION TARGETS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH RAYZEBIO RESEARCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR RAYZEBIO UNDERSTANDS THAT ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, HITS AND USER CONJUGATES ARE EXPERIMENTAL IN NATURE AND MAY HAVE ADDITIONAL RIGHTSUNKNOWN HAZARDOUS CHARACTERISTICS.

Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ALL WARRANTIES WHATSOEVER, WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWINTELLECTUAL PROPERTY, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WARRANTIES AS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEVALIDITY OF PATENT CLAIMS (ISSUED OR PENDING), AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT OR THAT THE SUITECLOUD TECHNOLOGIESMANUFACTURE, DEVELOPED USE OR SALE OF THE LICENSED PRODUCT(S) AND USE OF THE INTELLECTUAL PROPERTY DEVELOPED BY ORACLEWILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL RIGHTS. IN NO EVENT SHALL EITHER PARTY BE ERROR-FREELIABLE FOR ANY SPECIAL, (II) WILL BE FREE OF VIRUSES INDIRECT, INCIDENTAL. OR OTHER HARMFUL COMPONENTSCONSEQUENTIAL LOSSES OR DAMAGES, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED EVEN IF SUCH ITEMS CONTAIN DEFECTSPARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED LICENSEES TAKES THE INTELLECTUAL PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, “AS-IS,” “WITH ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS ISFAULTS,” AND “AS AVAILABLEWITH ALL DEFECTS” WITHOUT AND EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST LICENSOR FOR WARRANTY OF ANY KINDKIND RELATING TO THE INTELLECTUAL PROPERTY SUBJECT TO THE REPRESENTATIONS MADE HEREIN. IN NO CASE SHALL LICENSOR’S LIABILITY FOR DAMAGES OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, TYPE EXCEED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE TOTAL ROYALTIES WHICH HAVE ACTUALLY BEEN PAID TO LICENSOR BY LICENSEES AS OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL DATE OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL FILING OF THE ABOVE DISCLAIMERS, EXCLUSIONS, ACTION AGAINST LICENSOR WHICH RESULTS IN A SETTLEMENT OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSAWARD OF DAMAGES.

Disclaimers. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND OTHER LICENSED MATERIALS, THIRD PARTY SOFTWARE, AND SERVICES ARE PROVIDED BY TOMIA "AS IS" AND THAT EXCEPT AS MAY BE SPEICIFICALLY WARRANTED IN THIS SECTION 10, TOMIA AND ITS LICENSORS AND SUPPLIERS HAVE MADE NO REPRESENTATIONS, AND HAVE EXPRESSLY DISCLAIMED, TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OR REPRESENTATIONS OF EVERY KIND OR NATURE, EITHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE SUITECLOUD TECHNOLOGIES, LICENSED MATERIALS AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS ANCILLARY OR IMPLIED WARRANTIES, RELATED PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND USAGE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDRIGHTS. ORACLE TOMIA DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THE LICENSED MATERIALS WILL BE ERROR-FREEMEET CUSTOMER’S REQUIREMENTS, (II) THE SOFTWARE OR THIRD PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE USED IN OR WITH THE SOFTWARE, WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED BY TOMIA (EXCEPT AS MAY EXPRESSLY BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSSPECIFIED IN WRITING BY TOMIA IN THE DOCUMENTATION), (III) THE OPERATION OF THE LICENSED MATERIALS WILL MEET ANY USER REQUIREMENTSBE UNINTERRUPTED OR ERROR-FREE, OR (IV) ALL ERRORS WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCORRECTED.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, LIMITED WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED TO WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEPURPOSE OR APPLICATION, AND NON-INFRINGEMENT ALL OTHER OBLIGATIONS ON THE PART OF SILFAB SOLAR, UNLESS SUCH OTHER WARRANTIES AND OBLIGATIONS ARE AGREED TO IN WRITING BY SILFAB SOLAR. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SILFAB SOLAR HEREBY DISCLAIMS, AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO ANY OF ITS PRODUCTS OR THEIR USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SILFAB SOLAR BE LIABLE TO THE PURCHASER, OR TO ANY THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT CLAIMING THROUGH OR UNDER THE SUITECLOUD TECHNOLOGIESPURCHASER, DEVELOPED PROPERTY DEVELOPED BY ORACLEFOR ANY LOST PROFITS, LOSS OF USE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTSEQUIPMENT DOWNTIME, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY ANY INCIDENTAL, CONSEQUENTIAL OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY SPECIAL DAMAGES OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDINGHOWSOEVER ARISING, BUT NOT LIMITED TORELATED TO THE PRODUCTS, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE EVEN IF SILFAB SOLAR HAS BEEN ADVISED OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL POSSIBILITY OF SUCH MATERIALSDAMAGES. CERTAIN STATE LAWS DO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SILFAB SOLAR’S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT ALLOW EXCEED THE PURCHASE PRICE PAID TO SILFAB SOLAR BY THE PURCHASER FOR THE PRODUCT FURNISHED THAT GAVE RISE TO THE WARRANTY CLAIM. THE PURCHASER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL LIABILITY ARE AN ESSENTIAL ELEMENT OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSTHE PURCHASE PRICE OF THE PRODUCTS WOULD BE SUBSTANTIALLY DIFFERENT.

Disclaimers. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ARTICLE IV, THE ASSETS ARE TRANSFERRED "AS IS, WHERE IS", AND SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO LIABILITIES, OPERATIONS OF THE ASSETS, CONDITION, VALUE OR QUALITY OF THE ASSETS OR THE PROSPECTS (FINANCIAL AND OTHERWISE), RISKS AND OTHER INCIDENTS OF THE ASSETS AND SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT ASSETS, OR ANY PART THEREOF, OR AS TO APPLICABLE LAWTHE WORKMANSHIP THEREOF, OR THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY ABSENCE OF ANY KIND. DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR THE APPLICABILITY OF ANY EXPRESS OR IMPLIED WARRANTIESGOVERNMENTAL REQUIREMENTS, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLETO ANY ENVIRONMENTAL LAWS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED WHETHER SELLER POSSESSES SUFFICIENT REAL PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLEPERSONAL PROPERTY TO OPERATE THE ASSETS. UNLESS EXCEPT AS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USEREXPRESSLY PROVIDED HEREIN, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT SELLER FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ABSENCE OF ANY KIND. ANY EXPRESS HAZARDOUS SUBSTANCES OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ENVIRONMENTAL LAWS WITH RESPECT TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSASSETS.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXCEPT AS SET FORTH IN SECTION 5.1 ABOVE, THE SUITECLOUD TECHNOLOGIESNOVAN PATENTS, THE NOVAN KNOW-HOW, THE LICENSEE NEW NITRIC OXIDE PATENTS, THE LICENSEE NEW NITRIC OXIDE KNOW-HOW AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT THE NEW DEVICE IP ARE PROVIDED “AS IS” ”, AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS EACH PARTY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE NOVAN PATENTS, THE NOVAN KNOW-HOW, THE LICENSEE NEW NITRIC OXIDE PATENTS, THE LICENSEE NEW NITRIC OXIDE KNOW-HOW AND THE NEW DEVICE IP, WHETHER EXPRESS, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND VALIDITY, NON-INFRINGEMENT INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, OR ARISING FROM A COURSE OF THIRD DEALING, USAGE OR TRADE PRACTICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT OR WARRANT: (A) THE SAFETY OR USEFULNESS FOR ANY PURPOSE OF THE SUBJECT MATTER IT PROVIDES HEREUNDER; (B) THAT THE SUITECLOUD TECHNOLOGIESANY PATENT WILL ISSUE ON ANY NOVAN PATENT, DEVELOPED PROPERTY DEVELOPED BY ORACLE, LICENSEE NEW NITRIC OXIDE PATENT OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, NEW DEVICE IP; OR (IVC) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY THE VALIDITY OF ANY KIND. ANY EXPRESS PATENT INCLUDED IN THE NOVAN PATENTS, LICENSEE NEW NITRIC OXIDE PATENTS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSNEW DEVICE IP.

Disclaimers. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO NOT PROHIBITED BY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY EACH LOOKOUT SERVICE IS PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. , AND EACH LOOKOUT ENTITY DISCLAIMS ANY EXPRESS AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIESOTHERWISE), INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE LOOKOUT ENTITIES (AND EACH OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES THEM) DO NOT REPRESENT REPRESENT, WARRANT OR GUARANTEE THAT THE SUITECLOUD TECHNOLOGIESANY LOOKOUT SERVICE (INCLUDING ANY CONTENT, DEVELOPED PROPERTY DEVELOPED BY ORACLEDATA, RESULTS, INFORMATION OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT OUTPUT THEREIN OR OBTAINED THEREFROM): (IA) WILL BE ACCURATE, COMPLETE, TIMELY, CURRENT, SECURE (INCLUDING FROM UNAUTHORIZED ACCESS), RELIABLE, UNINTERRUPTED, ERROR-FREE, FREE OR MAINTAINED WITHOUT LOSS OR (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IIIB) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, LOOKOUT AND THE OTHER LOOKOUT ENTITIES WILL NOT BE LIABLE IN WHOLE OR IN PART FOR ANY USER REQUIREMENTS, LOSS OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY INJURY ARISING OUT OF OR OTHER MATERIALS DEVELOPED CAUSED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT YOUR USE OF MATERIALS A LOOKOUT SERVICE OR DATA THE CONTENT, DATA, RESULTS, INFORMATION OR OUTPUT THEREIN OR OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISKTHEREFROM. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USERA CONSUMER, SOME OR ALL OF SO THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSYOU.

Disclaimers. (i) FUNDQUEST UNDERSTANDS THAT ENVESTNET IS PERFORMING THE PLATFORM SERVICES HEREUNDER IN RELATION TO THE FULLEST EXTENT PERMISSIBLE PURSUANT DATA THAT HAVE BEEN PRODUCED BY FUNDQUEST, OR SUPPLIED TO APPLICABLE LAWFUNDQUEST BY THIRD PARTIES, THE SUITECLOUD TECHNOLOGIESACCURACY AND COMPLETENESS OF WHICH ENVESTNET HAS NO RESPONSIBILITY WITH RESPECT TO SUCH DATA AS DELIVERED TO ENVESTNET. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENVESTNET MATERIALS, SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT SYSTEMS ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ENVESTNET DISCLAIMS ALL WARRANTIES AS TO THE ENVESTNET MATERIALS, SOFTWARE AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY SYSTEMS, EXPRESS OR IMPLIED WARRANTIESIMPLIED. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDINGENVESTNET MAKES NO REPRESENTATION OR WARRANTY THAT ANY THIRD PARTY MATERIALS OR CONTENT (SUCH AS DIRECT DATA FEEDS AND THIRD-PARTY CONTENT POSTED ON ENVESTNET’S WEB-SITE, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS INCLUDING THIRD-PARTY MATERIALS MADE FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF ENVESTNET (E.G. WORK MADE FOR HIRE)) BASED UPON ANY THIRD PARTY RIGHTS MATERIALS ENCOMPASSED IN THE PLATFORM SERVICES OR ENVESTNET MATERIALS ARE HEREBY ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY. EXCEPT AS OTHERWISE EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO SET FORTH IN THIS AGREEMENT (I) ENVESTNET MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO AND USE OF THE INTERNET WILL BE UNINTERRUPTED OR ERROR-FREE, (II) WILL BE OR FREE OF VIRUSES VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW8.7.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OREXIGEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. , EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE OREXIGEN INTELLECTUAL PROPERTY, TITLEANY OREXIGEN CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY OREXIGEN UNDER ITS INTELLECTUAL PROPERTY RIGHTS HEREUNDER, AND NON-INFRINGEMENT OR WITH RESPECT TO ANY PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OREXIGEN MAKES NO REPRESENTATIONS OR WARRANTY THAT ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE OREXIGEN PATENTS ARE VALID OR ENFORCEABLE OR THAT USE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE THE OREXIGEN INTELLECTUAL PROPERTY CONTEMPLATED HEREUNDER DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, INFRINGE ANY PATENT RIGHTS OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT NOTHING IN THIS AGREEMENT (IOR THE ORIGINAL COLLABORATION AGREEMENT) WILL SHALL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES CONSTRUED AS A REPRESENTATION OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS THE OREXIGEN CONFIDENTIAL INFORMATION CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR DATA OBTAINED THROUGH THE USE OTHER INTELLECTUAL PROPERTY RIGHTS OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSTHIRD PARTY.

Disclaimers. FIVETRAN DOES NOT WARRANT THAT THE FIVETRAN PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE FULLEST RESULTS THAT MAY BE OBTAINED FROM USE OF THE FIVETRAN PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT FIVETRAN PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY FIVETRAN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIESNOTWITHSTANDING ANYTHING HEREIN, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE FIVETRAN IS NOT RESPONSIBLE OR LIABLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDPLATFORMS. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) CUSTOMER IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR TESTING ANY ON-PREM SOFTWARE BEFORE USING IT IN A LIVE ENVIRONMENT, THE PROTECTION OF ITS DATA AND INFORMATION THROUGH INSTALLATION OF THE MOST RECENT COMPUTER VIRUS DETECTION PROGRAMS, AND THE TIMELY CREATION OF BACK-UP COPIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FIVETRAN DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT ANY ON-PREM SOFTWARE LICENSED WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, AND THE RESULTS OF USING THE ON-PREM SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS. FIVETRAN SHALL NOT BE LIABLE FOR ANY DAMAGE THAT (INCLUDING FOR LOSS OR CORRUPTION OF DATA), OR RESPONSIBLE FOR RESTORATION OF SUCH DATA, IN EACH CASE TO THE EXTENT SUCH DAMAGE RESULTS FROM THE INSTALLATION, USE, OR REMOVAL CUSTOMER’S INSUFFICIENT TESTING OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY ANY ON-PREM SOFTWARE PRIOR TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSDEPLOYMENT IN A LIVE ENVIRONMENT.

Disclaimers. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NONE OF COMPANY OR ITS PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO PERMITTED UNDER APPLICABLE LAW, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE SUITECLOUD TECHNOLOGIESIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), WARRANTIES OF TITLE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT NON-INFRINGEMENT, ANY IMPLIED INDEMNIFICATION OBLIGATIONS, OR OTHER WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, WITH RESPECT TO THIS AGREEMENT THE SOFTWARE OR ANY COMPONENTS THEREOF OR THE RESULTS OBTAINED FROM THEIR USE, ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE THEREUPON OR AS TO THE PERFORMANCE THEREOF (WHETHER PERFORMED IN WHOLE, PART OR NOT AT ALL). NONE OF COMPANY OR ITS PROVIDERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SOFTWARE OR ANY COMPONENTS THEREOF OR THAT IT WILL BE ERROR FREE OR FREE FROM COMPUTER VIRUSES OR OTHER INFIRMITY OR CORRUPTION. NONE OF COMPANY OR ITS PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN. THE SOFTWARE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT LICENSEE’S USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) THEREOF IS AT ITS LICENSEE’S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. TO EXCEPT FOR THE FULLEST EXTENT PERMISSIBLE PURSUANT TO WARRANTIES EXPRESSLY STATED AND AS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIESPRODUCTS, APPLIANCES, SOFTWARE, SUBSCRIPTION SERVICES AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT MAINTENANCE SERVICES ARE PROVIDED “AS IS” ”. BRICATA AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY ITS SUPPLIERS MAKE NO OTHER WARRANTIES AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ANY WARRANTIES ARISING OUT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDCOURSE OF DEALING OR USAGE OF TRADE. ORACLE BRICATA DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THE PRODUCT WILL BE ERROR-FREEMEET END USER’S REQUIREMENTS, (II) WILL USE THEREOF SHALL BE FREE OF VIRUSES UNINTERRUPTED OR OTHER HARMFUL COMPONENTSERROR-‐FREE, OR (III) THE HARDWARE, SOFTWARE OR SUBSCRPTION SERVICES WILL MEET PROTECT AGAINST ALL POSSIBLE THREATS WHETHER KNOWN OR UNKNOWN. BRICATA SPECIFICALLY DENIES ANY USER REQUIREMENTSIMPLIED OR EXPRESS REPRESENTATION THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR WILL PROVIDE AN ADEQUATE DEFENSE AGAINST MALWARE, DATA THEFT OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY LOSS, VIRUS OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS INTRUSIONS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS THEFT OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSUNAUTHORIZED DISCLOSURE.

Disclaimers. THE WARRANTY PROVISIONS SET FORTH ABOVE ARE THE EXCLUSIVE REMEDY FOR HTC’S PAID SUBSCRIPTIONS WARRANTY AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES UNDER APPLICABLE LAW OR AVAILABLE FROM HTC. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT HTC OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT AND THE ENTIRE RISK OF USE REMAINS WITH YOU. HTC AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND. , EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY INFRINGEMENT. IN PARTICULAR, HTC, ITS SUPPLIERS AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT LICENSORS MAKE NO WARRANTY THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT HTC OFFERINGS: (I) WILL BE ERRORMEET YOUR REQUIREMENTS OR WILL WORK WITH ANY THIRD-FREEPARTY HARDWARE, SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES; (II) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BASIS; (III) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL MEET ANY USER REQUIREMENTSBE ACCURATE, COMPLETE, OR RELIABLE; OR (IV) OR THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCORRECTED.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWCONTRIBUTED INTELLECTUAL PROPERTY IS BEING CONTRIBUTED, THE SUITECLOUD TECHNOLOGIESASSIGNED, TRANSFERRED, CONVEYED, ACCEPTED, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED ASSUMED IN ITS CURRENT CONDITION, “AS IS” , WHERE IS AND “AS AVAILABLEWITH ALL FAULTS,” WITHOUT ANY REPRESENTATION OR WARRANTY OR INDEMNIFICATION OF ANY KIND. ANY , EXPRESS OR IMPLIED WARRANTIESIMPLIED, EACH AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY THE CONTRIBUTORS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF ANY REPRESENTATION OR WARRANTY WITH RESPECT TO QUALITY, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR USE OR PURPOSE, TITLE, . SPYGLASS SPECIFICALLY DISCLAIMS (a) THAT IT IS RELYING UPON OR HAS RELIED UPON ANY REPRESENTATIONS OR WARRANTIES THAT MAY HAVE BEEN MADE BY ANY CONTRIBUTOR AND NON-INFRINGEMENT (b) ANY OBLIGATION OR DUTY BY THE CONTRIBUTORS TO MAKE ANY DISCLOSURES OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDFACT REGARDING THE RESTRUCTURING. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS SPYGLASS SPECIFICALLY ACKNOWLEDGES AND AGREES THAT USE OF MATERIALS THE CONTRIBUTORS HAVE SPECIFICALLY DISCLAIMED AND DO HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATION OR DATA OBTAINED THROUGH WARRANTY MADE BY ANY PERSON, INCLUDING THE USE OF CONTRIBUTORS, REGARDING THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCONTRIBUTED INTELLECTUAL PROPERTY.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, SHARED SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ASSIGNED IP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED AARON’S AGREES THAT AARON’S USE OF THE SHARED SOFTWARE AND ASSIGNED IP IS AT AARON’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BY THIS AGREEMENT, PROGRESSIVE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDINGWHETHER WRITTEN, BUT NOT LIMITED TOORAL, EXPRESS, IMPLIED STATUTORY OR OTHERWISE, CONCERNING THE PERFORMANCE OF THE SHARED SOFTWARE AND ASSIGNED IP, THE VALIDITY, ENFORCEABILITY AND SCOPE OF PROGRESSIVE’S INTELLECTUAL PROPERTY RIGHTS RELATED THERETO, THE ACCURACY, COMPLETENESS, SAFETY, USEFULNESS FOR ANY PURPOSE OR LIKELIHOOD OF SUCCESS (COMMERCIAL, REGULATORY OR OTHER) OF THE SOFTWARE AND ANY OTHER TECHNICAL INFORMATION, TECHNIQUES, MATERIALS, METHODS, PRODUCTS, SERVICES, PROCESSES OR PRACTICES AT ANY TIME MADE AVAILABLE BY PROGRESSIVE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYQUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PROGRESSIVE SHALL HAVE NO LIABILITY WHATSOEVER TO AARON’S OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON AARON’S OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (A) THE USE AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE PRACTICE OF MATERIALS THE SHARED SOFTWARE OR DATA OBTAINED THROUGH ASSIGNED IP, OR (B) THE USE OF OR ANY ERRORS OR OMISSIONS IN ANY SOFTWARE OR ANY TECHNICAL INFORMATION, TECHNIQUES, OR PROCEDURES OR PROCESSES DISCLOSED BY PROGRESSIVE. PROGRESSIVE DOES NOT WARRANT THAT THE SERVICE (INCLUDINGSHARED SOFTWARE OR ASSIGNED IP WILL OPERATE IN COMBINATION WITH HARDWARE, WITHOUT LIMITATION MATERIALS SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY OTHER USERS PROGRESSIVE, EXCEPT AS EXPRESSLY SPECIFIED IN ANY DOCUMENTATION THAT MAY BE PROVIDED, OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER THAT THE OPERATION OF THE SHARED SOFTWARE OR THE ASSIGNED IP WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, UNINTERRUPTED OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSERROR-FREE.

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENT (COLLECTIVELY “Seller’s Warranties”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND, EXCEPT FOR SELLER’S WARRANTIES, THE INTEREST IN THE ASSETS TO BE CONVEYED TO BUYER SHALL BE CONVEYED PURSUANT HERETO WITHOUT (i) ANY WARRANTY, COVENANT OR REPRESENTATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO TITLE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWASSETS (OTHER THAN BY, THROUGH OR UNDER SELLER), THE SUITECLOUD TECHNOLOGIESCONDITION, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY QUANTITY, QUALITY, EXISTENCE OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYDEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR PROPERTY OR ITS FITNESS FOR ANY PURPOSE OR (ii) ANY OTHER EXPRESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIESIMPLIED, DEVELOPED PROPERTY DEVELOPED BY ORACLE, STATUTORY OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT WARRANTY OR REPRESENTATION WHATSOEVER. BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE ASSETS, AND, SUBJECT TO BUYER’S EXPRESS RIGHTS UNDER THIS AGREEMENT (I) WILL BE ERROR-FREEAND THE OTHER TRANSACTION DOCUMENTS, (II) WILL BE FREE BUYER SHALL ACCEPT ALL OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH THE SAME IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED THEIR “AS IS”, “WHERE IS” AND CONDITION, “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR WITH ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSFAULTS”.

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS SECTION 3 AND IN THE ASSIGNMENT DELIVERED AT CLOSING (COLLECTIVELY “SELLER’S WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND, EXCEPT FOR SELLER’S WARRANTIES, THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT (a) ANY WARRANTY OR REPRESENTATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO TITLE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWPROPERTIES, THE SUITECLOUD TECHNOLOGIESCONDITION, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESQUANTITY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYQUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE OR (b) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER HAS INSPECTED OR OTHERWISE WAIVES ITS RIGHT TO INSPECT THE PROPERTIES FOR ALL PURPOSES AND HAS SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). BUYER IS RELYING SOLELY UPON THE SELLER’S WARRANTIES, AND NON-INFRINGEMENT ITS OWN INSPECTION OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY THE PROPERTIES, AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT BUYER SHALL ACCEPT ALL OF THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH SAME IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED THEIR “AS IS”, “WHERE IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCONDITION.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWHEADSET SERVICES, THE SUITECLOUD TECHNOLOGIESLICENSED DATA, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT DATA DERIVATIVES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KINDBASIS. ANY HEADSET MAKES NO WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. HEADSET MAKES NO REPRESENTATION, TITLEWARRANTY OR GUARANTEE THAT HEADSET SERVICES, LICENSED DATA, AND NONDATA DERIVATIVES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, THAT LICENSED DATA, AND DATA DERIVATIVES OR CUSTOMER DATA WILL BE ACCURATE, COMPLETE OR PRESERVED WITHOUT LOSS, OR THAT THE HEADSET SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDFREE. ORACLE HEADSET DOES NOT REPRESENT GUARANTEE THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) SECURITY MEASURES WILL BE ERROR-FREEFREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. HEADSET WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY PRODUCTS, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTSTHIRD-PARTY CONTENT, OR NON-HEADSET SERVICES (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE INCLUDING FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USERANY DELAYS, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESINTERRUPTIONS, INCLUDINGTRANSMISSION ERRORS, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESECURITY FAILURES, AND NON-INFRINGEMENT OTHER PROBLEMS CAUSED BY THESE ITEMS), FOR CUSTOMER PERSONAL DATA RECEIVED FROM CUSTOMER IN BREACH OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY THIS AGREEMENT, FOR THE COLLECTION, USE AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE DISCLOSURE OF MATERIALS OR CUSTOMER DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED AUTHORIZED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USETHIS AGREEMENT, OR REMOVAL OF SUCH MATERIALSFOR DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY CUSTOMER BASED UPON THE HEADSET SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS DISCLAIMERS IN THIS SECTION SHALL APPLY TO USERTHE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, SOME OR ALL OF NOTWITHSTANDING ANYTHING TO THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER CONTRARY HEREIN. CUSTOMER MAY HAVE ADDITIONAL OTHER STATUTORY RIGHTS. HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND. ANY EXPRESS , WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS BETA SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. THE CONTENT IS PROVIDED TO THE USER FOR GENERAL INFORMATION ONLY. THE CONTENT IS NOT NECESSARILY REFLECTIVE OF THE VIEWS OR POLICIES OF INHEALTH, AND SHALL NOT BE CONSTRUED AS LEGAL ADVICE OR A REASONABLE SUBSTITUTION FOR LAW. WE DO NOT ENDORSE THE QUALITY, RELIABILITY, OR ACCURACY OF THE CONTENT, NOR ANY INDIVIDUALS OR CORPORATIONS DESCRIBED HEREIN. YOU SHOULD USE YOUR OWN JUDGMENT IN MAKING USE OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR OWN RESEARCH AND DECISIONS. THE INSTALLATIONCONTENT DOES NOT REPLACE CONSULTATIONS WITH PROFESSIONAL ADVISORS, USESUCH AS QUALIFIED LEGAL PROFESSIONALS, ADJUSTERS, HEALTHCARE PROVIDERS, MEDICAL ASSESSORS, ACCOUNTANTS, AND/OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSENGINEERS.

Disclaimers. THE WARRANTY PROVISIONS SET FORTH ABOVE ARE THE EXCLUSIVE REMEDY FOR VIVERSE’S SERVICES WARRANTY AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES UNDER APPLICABLE LAW OR AVAILABLE FROM VIVERSE. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT VIVERSE’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT AND THE ENTIRE RISK OF USE REMAINS WITH YOU. VIVERSE AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND. , EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY INFRINGEMENT. IN PARTICULAR, VIVERSE, ITS SUPPLIERS AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT LICENSORS MAKE NO WARRANTY THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT VIVERSE’S SERVICES: (I) WILL BE ERRORMEET YOUR REQUIREMENTS OR WILL WORK WITH ANY THIRD-FREEPARTY HARDWARE, SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES; (II) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BASIS; (III) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL MEET ANY USER REQUIREMENTSBE ACCURATE, COMPLETE, OR RELIABLE; OR (IV) OR THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCORRECTED.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE ALLOWED BY LAW, (I) EXCEPT AS SET FORTH IN THE SUITECLOUD TECHNOLOGIESPURCHASE AGREEMENT, LICENSOR DOES NOT MAKE ANY ADDITIONAL WARRANTIES, WHETHER EXPRESS OR IMPLIED, CONDITIONS, OR REPRESENTATIONS TO CUSTOMER, ANY OF ITS AFFILIATES OR ANY OTHER PARTY WITH RESPECT TO THE LICENSOR TECHNOLOGY OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY; AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE (II) THE LICENSOR TECHNOLOGY IS PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. WITHOUT LIMITING THE FOREGOING, ANY WARRANTY OF ANY KIND. ANY EXPRESS WARRANTY, CONDITION, OR IMPLIED WARRANTIESREPRESENTATION, INCLUDINGWHETHER EXPRESS, BUT NOT LIMITED TOIMPLIED, THE IMPLIED WARRANTIES OF OR STATUTORY, INCLUDING WITH RESPECT TO OPERABILITY, USE, ACCURACY, VALIDITY, MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ARE EXPRESSLY EXCLUDED AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE LICENSOR DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLELICENSOR TECHNOLOGY WILL MEET THE CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THAT THE LICENSOR TECHNOLOGY WILL BE OPERATE UNINTERRUPTED OR ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE LICENSOR TECHNOLOGY IS AT THE SOLE DISCRETION AND RISK OF THE CUSTOMER AND/OR ITS EMPLOYEES, AGENTS, SUBCONTRACTORS, SUCCESSORS, AND ASSIGNS. LICENSOR DOES NOT MAKE ANY WARRANTIES REGARDING THIRD PARTY SOFTWARE (INCLUDINGINCLUDING OPEN SOURCE SOFTWARE). CUSTOMER ACKNOWLEDGES AND AGREES THAT THE TERMS OF A THIRD PARTY SOFTWARE LICENSE MAY OVERRIDE SOME OF THE TERMS OF THIS AGREEMENT. Some states may not allow the exclusion or limitation of warranties, WITHOUT LIMITATION MATERIALS so the above limitation or exclusion may not apply to you. This Agreement gives Customer specific legal rights and obligations, and Customer may also have other legal rights or obligations which vary from state to state. CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE LICENSOR TECHNOLOGY AND FOR CONCLUSIONS DRAWN FROM SUCH USE. CUSTOMER ACKNOWLEDGES THAT THE LICENSOR TECHNOLOGY WAS NOT DESIGNED TO CUSTOMER’S REQUIREMENTS AND THAT IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT THE LICENSOR TECHNOLOGY AS DESCRIBED IN THE DOCUMENTATION MEETS ITS REQUIREMENTS. THE LICENSOR TECHNOLOGY IS INTENDED ONLY AS A DIAGNOSTIC AID AND IS NOT A SUBSTITUTE FOR THE EXPERTISE AND JUDGEMENT OF PHYSICIANS OR OTHER HEALTHCARE PROFESSIONALS. ALL INFORMATION IS PROVIDED ON THE BASIS THAT THE HEALTHCARE PROFESSIONALS RESPONSIBLE FOR PATIENT CARE WILL RETAIN FULL AND SOLE RESPONSIBILITY FOR DECIDING ANY CARE OR TREATMENT TO PRESCRIBE OR DISPENSE FOR ALL PATIENTS AND IN PARTICULAR WHETHER THE USE OF INFORMATION PROVIDED BY OTHER USERS THE LICENSOR TECHNOLOGY IS SAFE, APPROPRIATE OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE EFFECTIVE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, PARTICULAR PATIENT OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSIN ANY PARTICULAR CIRCUMSTANCES.

Disclaimers. TO 6.1. THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT LICENSED MATERIALS ARE PROVIDED “"AS IS” AND “AS AVAILABLE” " WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED 1 YEAR LIMITED GUARANTEE SHALL APPLY FOR DEVICE FROM THE DATE OF DELIVERY OF DEVICE. OPTOMOTIVE D.O.O. DISCLAIMS ALL WARRANTIES, INCLUDINGWHETHER EXPRESS, BUT NOT LIMITED TOIMPLIED OR STATUTORY, THE INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITYNONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE OPTOMOTIVE D.O.O. DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIESFUNCTIONS CONTAINED IN THE LICENSED MATERIALS WILL MEET LICENSEE'S REQUIREMENTS, DEVELOPED PROPERTY DEVELOPED BY ORACLETHAT THE LICENSED MATERIALS WILL OPERATE PROPERLY, WHETHER ALONE OR IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THAT THE OPERATION OF THE LICENSED MATERIALS WILL BE ERROR-UNINTERRUPTED OR ERROR FREE, (II) WILL BE FREE OR THAT ALL ERRORS OR DEFECTS IN THE LICENSED MATERIALS ARE CAPABLE OF VIRUSES OR OTHER HARMFUL COMPONENTSBEING CORRECTED. OPTOMOTIVE D.O.O. DOES NOT WARRANT THAT THE LICENSED MATERIALS ARE COMPLETED, (III) WILL MEET ANY USER REQUIREMENTSTESTED, VERIFIED, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTSWORK ON THEIR OWN WITHOUT REVISIONS. ORACLE LICENSEE IS NOT SOLELY RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLEVERIFICATION OF ITS DESIGN. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER OPTOMOTIVE D.O.O. SPECIFICALLY DISCLAIMS ANY OBLIGATIONS FOR TECHNICAL SUPPORT AND USERBUG FIXES, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “WELL AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE LIABILITY ARISING FROM LICENSEE’S USE OF THE SERVICE (INCLUDINGLICENSED MATERIALS. UPON REQUEST OF THE LICENSEE, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION LICENSOR AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL LICENSEE MAY AGREE ON PROVISION OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, TECHNICAL SUPPORT AND USER MAY HAVE ADDITIONAL RIGHTSBUG FIXES SERVICES IN SPECIAL AGREEMENT IN WRITING.

Disclaimers. TO EXCEPT FOR THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXPRESS LIMITED WARRANTY SPECIFIED ABOVE, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WE EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND. ANY EXPRESS AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED WARRANTIES(WHETHER ARISING BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLEIMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE RISK AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY RESPONSIBILITY AS TO PERFORMANCE AND COMPLETELY DISCLAIMEDFOR SELECTING THE SOFTWARE TO ACHIEVE YOUR REQUIREMENTS OR INTENDED RESULTS AND OBJECTIVES, WHETHER OR NOT DISCLOSED TO US. ORACLE DOES NOT REPRESENT WE MAKE NO REPRESENTATION AND GIVE NO WARRANTY THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) SOFTWARE WILL BE ERROR-FREE, (II) WILL BE VIRUS-FREE OF VIRUSES OR FREE FROM INTERRUPTIONS OR OTHER HARMFUL COMPONENTSFAILURES. WE PROVIDE NO WARRANTIES, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED WITH REGARD TO THIRD- PARTY COMPONENTS INCORPORATED INTO OR INTERACTING WITH THE SOFTWARE. THE FOREGOING WARRANTY DISCLAIMERS ARE IN ADDITION TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYAND NOT IN REPLACEMENT OF, FITNESS FOR A PARTICULAR PURPOSEANY OTHER WARRANTY DISCLAIMER APPLYING TO OPEN SOURCE SOFTWARE AS PROVIDED IN APPLICABLE PUBLIC LICENSES, TITLE, WHICH DISCLAIMERS ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS DEEMED TO APPLY TO USER, SOME OR YOU AND EACH USER FOR THE BENEFIT OF US AND ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSOPEN SOURCE SOFTWARE CONTRIBUTORS (AS APPLICABLE).

Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESPROPERTY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITYOR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT TITLE (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SELLER’S SPECIAL WARRANTY OF TITLE TO BE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USERTHE SPECIAL WARRANTY DEED), ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS ZONING, TAX CONSEQUENCES, PHYSICAL OR IMPLIED WARRANTIES, ENVIRONMENTAL CONDITION (INCLUDING, BUT NOT LIMITED TO, HAZARDOUS MATERIALS CONTAMINATION), UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE IMPLIED WARRANTIES COMPLIANCE OF MERCHANTABILITYTHE PROPERTY WITH GOVERNMENTAL LAWS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDOR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. USER UNDERSTANDS PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE SPECIAL WARRANTY OF TITLE TO BE SET FORTH IN THE SPECIAL WARRANTY DEED, UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS.” PURCHASER AND SELLER AGREE THAT USE THE PROVISIONS OF MATERIALS OR DATA OBTAINED THROUGH THIS PARAGRAPH 9 SHALL SURVIVE THE USE CLOSING OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED TRANSACTION CONTEMPLATED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION THIS AGREEMENT AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL RECORDING OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSSPECIAL WARRANTY DEED HEREUNDER.

Disclaimers. (a) EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ARTICLE IV, THE ASSETS ARE TRANSFERRED "AS IS, WHERE IS", AND SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO LIABILITIES, OPERATIONS OF THE ASSETS, CONDITION, VALUE OR QUALITY OF THE ASSETS OR THE PROSPECTS (FINANCIAL AND OTHERWISE), RISKS AND OTHER INCIDENTS OF THE ASSETS AND SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT ASSETS, OR ANY PART THEREOF, OR AS TO APPLICABLE LAWTHE WORKMANSHIP THEREOF, OR THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY ABSENCE OF ANY KIND. DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR THE APPLICABILITY OF ANY EXPRESS OR IMPLIED WARRANTIESGOVERNMENTAL REQUIREMENTS, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLETO ANY ENVIRONMENTAL LAWS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED WHETHER SELLER POSSESSES SUFFICIENT REAL PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLEPERSONAL PROPERTY TO OPERATE THE ASSETS. UNLESS EXCEPT AS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USEREXPRESSLY PROVIDED HEREIN, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT SELLER FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ABSENCE OF ANY KIND. ANY EXPRESS HAZARDOUS SUBSTANCES OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ENVIRONMENTAL LAWS WITH RESPECT TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSASSETS.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SUITECLOUD TECHNOLOGIESSTREAMRAY EXPRESSLY DISCLAIMS (ON BEHALF OF ITSELF AND ITS AFFILIATED ENTITIES) ALL WARRANTIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT ARISING OUT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, CUSTOMER'S OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE PERFORMER USE OF THE STREAMRAY SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS OR ANY PERFORMER SERVICES PROVIDED BY CUSTOMER. FURTHER, STREAMRAY EXPRESSLY DISAVOWS ANY OBLIGATION TO DEFEND, INDEMNIFY OR HOLD CUSTOMER OR ANY PERFORMER HARMLESS IN CONNECTION WITH ANY LAWSUIT OR OTHER USERS PROCEEDING ARISING OUT OF SUCH USE OR DEVELOPERSTHE PROVISION OF ANY PERFORMER SERVICES. TO THE EXTENT APPLICABLE LAWS PROHIBIT DISCLAIMING ANY IMPLIED WARRANTY, SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) IS AT ITS OWN DISCRETION DAYS FROM FIRST USE. STREAMRAY DOES NOT GUARANTEE AND RISKDOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF STREAMRAY SERVICES. USER WITHOUT LIMITING THE FOREGOING, STREAMRAY DOES NOT WARRANT THAT THE STREAMRAY SERVICES WILL BE SOLELY RESPONSIBLE FOR UNINTERRUPTED OR ERROR-FREE OR GENERATE ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, INCOME ON BEHALF OF CUSTOMER OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSANY PERFORMER.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND. ANY EXPRESS , WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND PURPOSE OR NON-INFRINGEMENT INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITHOUT LIMITING THE FOREGOING, CROWDENGINE SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (a) ITS NETWORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS; (b) THE AMOUNT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY REVENUE THAT MAY BE GENERATED; AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, (c) ANY ECONOMIC OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO BENEFIT THAT CUSTOMER MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT (I) WILL BE ERROR-FREEAGREEMENT. SPECIFICALLY, (II) WILL BE FREE OF VIRUSES CROWDENGINE DISCLAIMS ANY REPRESENTATION OR OTHER HARMFUL COMPONENTS, (III) WARRANTY THAT ANY SERVICES WILL MEET ANY USER REQUIREMENTSREQUIREMENTS OF CUSTOMER OR END USERS UNDER FEDERAL, STATE OR (IV) WILL BE CORRECTED IF LOCAL LAWS. CROWDENGINE EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE CROWDENGINE TECHNOLOGY OR SERVICES, UNLESS SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY ERRORS OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDINGOMISSIONS RESULT FROM CROWDENGINE'S GROSS NEGLIGENCE, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSOTHER CAUSE.

Disclaimers. TO EXCEPT FOR THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWREPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS ARTICLE V, THE SUITECLOUD TECHNOLOGIESAUCTIONED ASSETS ARE BEING SOLD AND TRANSFERRED "AS IS, WHERE IS", AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT SELLER IS NOT MAKING ANY OTHER REPRESENTATIONS OR WARRANTIES WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, CONCERNING SUCH AUCTIONED ASSETS (INCLUDING ANY RELATING TO LIABILITIES, OPERATIONS OF THE GENERATING FACILITIES, CONDITION, VALUE OR QUALITY OF THE AUCTIONED ASSETS OR THE PROSPECTS (FINANCIAL OR OTHERWISE), RISKS OR OTHER INCIDENTS OF THE AUCTIONED ASSETS) OR WITH RESPECT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT OR THE ANCILLARY AGREEMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEWITH RESPECT TO THE AUCTIONED ASSETS, AND NON-INFRINGEMENT OR ANY PART THEREOF, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF THIRD PARTY RIGHTS ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR THE APPLICABILITY OF ANY GOVERNMENTAL REQUIREMENTS, INCLUDING BUT NOT LIMITED TO ANY ENVIRONMENTAL LAWS, OR WHETHER SELLER POSSESSES SUFFICIENT REAL PROPERTY OR PERSONAL PROPERTY TO OPERATE THE AUCTIONED ASSETS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN SECTION 5.10 HEREOF, SELLER FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ABSENCE OF HAZARDOUS SUBSTANCES OR LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ENVIRONMENTAL LAWS WITH RESPECT TO THE AUCTIONED ASSETS, ALL OF WHICH ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDWAIVED BY BUYER. ORACLE DOES NOT REPRESENT THAT WITHOUT LIMITING THE SUITECLOUD TECHNOLOGIESGENERALITY OF THE FOREGOING, DEVELOPED PROPERTY DEVELOPED BY ORACLESELLER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE INFORMATION SET FORTH IN, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOCONTEMPLATED BY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSINFORMATION MEMORANDUM.

Disclaimers. PURCHASER ACKNOWLEDGES AND AGREES THAT THE PROPERTY HAS BEEN SOLD AND CONVEYED TO PURCHASER AND PURCHASER HAS ACCEPTED THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS, WHERE IS, WITH ALL FAULTS.” EXCEPT FOR THE REPRESENTATIONS AND “AS AVAILABLE” WITHOUT ANY WARRANTIES SET FORTH IN SECTION 5.1 OF THE PURCHASE AGREEMENT AND THE LIMITED WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED FROM SELLER TO PURCHASER, SELLER HEREBY EXPRESSLY DISCLAIMS ANY KIND. AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED IMPLIED, WITH RESPECT TO THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE OR ANY OTHER DISCLAIMER SET FORTH HEREIN, SELLER AND PURCHASER HEREBY AGREE THAT SELLER HAS NOT MADE AND IS NOT MAKING ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO (A) THE NATURE OR CONDITION, PHYSICAL OR OTHERWISE, OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, (B) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN OR ENGINEERING OF THE IMPROVEMENTS OR THE STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS, (C) THE QUALITY OF THE LABOR OR MATERIALS INCLUDED IN THE IMPROVEMENTS, (D) THE SOIL CONDITIONS, DRAINAGE CONDITIONS, TOPOGRAPHICAL FEATURES, ACCESS TO PUBLIC RIGHTS-OF-WAY, AVAILABILITY OF UTILITIES OR OTHER CONDITIONS OR CIRCUMSTANCES WHICH AFFECT OR MAY AFFECT THE PROPERTY OR ANY USE TO WHICH PURCHASER MAY PUT THE PROPERTY, (E) ANY CONDITIONS AT OR WHICH AFFECT OR MAY AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL OR OTHERWISE, (F) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, CASH FLOW, EXPENSES, VALUE, MAKE, MODEL, COMPOSITION, AUTHENTICITY OR AMOUNT OF THE PROPERTY OR ANY PART THEREOF, (G) EXCEPT FOR THE LIMITED WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED, THE NATURE OR EXTENT OF TITLE TO THE PROPERTY, OR ANY EASEMENT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONTRACT, CONDITION OR OTHERWISE THAT MAY AFFECT TITLE TO THE PROPERTY, (H) ANY ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW OR HEREAFTER AFFECTING IN ANY MANNER THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES ABSENCE OF MERCHANTABILITYASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCE ON, FITNESS FOR A PARTICULAR PURPOSEIN, TITLEUNDER OR ADJACENT TO THE PROPERTY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE THE COMPLIANCE OF VIRUSES THE PROPERTY OR OTHER HARMFUL COMPONENTS, (III) WILL MEET THE OPERATION OR USE OF THE PROPERTY WITH ANY USER REQUIREMENTSAPPLICABLE RESTRICTIVE COVENANTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY WITH ANY LAWS, ORDINANCES OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY REGULATIONS OF ANY KINDGOVERNMENTAL BODY (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, ANY ZONING LAWS OR REGULATIONS, ANY BUILDING CODES, ANY ENVIRONMENTAL LAWS, AND THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. 12101 ET SEQ. ANY EXPRESS OR IMPLIED WARRANTIESUPON CLOSING, INCLUDINGPURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES VIOLATIONS OF MERCHANTABILITYANY APPLICABLE LAWS, FITNESS FOR A PARTICULAR PURPOSE, TITLECONSTRUCTION DEFECTS, AND NON-INFRINGEMENT ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND COMPLETELY DISCLAIMEDEXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING ANY ENVIRONMENTAL LAWS), CONSTRUCTION DEFECTS, PHYSICAL CONDITIONS, AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. USER UNDERSTANDS AND PURCHASER AGREES THAT USE OF MATERIALS SHOULD ANY WORK BE REQUIRED TO PUT THE PROPERTY IN COMPLIANCE WITH ANY APPLICABLE LAWS, OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDINGSHOULD ANY CLEANUP, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES WORK, CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE EXCLUSION OR LIMITATION RESPONSIBILITY OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSPURCHASER.

Disclaimers. THE WARRANTIES SET FORTH IN THIS MASTER AGREEMENT ARE IN LIEU OF, AND SIRSIDYNIX, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE PERMITTED BY LAW, THE SUITECLOUD TECHNOLOGIESALL OTHER WARRANTIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESIMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOWITHOUT 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) PRODUCTS WILL BE ERROR-FREEACCURATE, RELIABLE AND ERROR- FREE AND (IIiv) WILL BE FREE ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF VIRUSES DEALING, COURSE OF PERFORMANCE OR OTHER HARMFUL COMPONENTSUSAGE OF TRADE. NO ADVICE, (III) WILL MEET ANY USER REQUIREMENTSSTATEMENT OR INFORMATION GIVEN BY SIRSIDYNIX, ITS AFFILIATES, CONTRACTORS OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY EMPLOYEES SHALL CREATE OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT CHANGE ANY WARRANTY OF ANY KINDPROVIDED HEREIN. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES CUSTOMER ACKNOWLEDGES THAT USE OF MATERIALS OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CUSTOMER DATA OBTAINED THROUGH AND THAT NO FORM OF ENCRYPTION IS FOOL PROOF. ACCORDINGLY, SIRSIDYNIX CANNOT AND DOES NOT GUARANTEE THE USE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSINTERNET.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS TO BE DELIVERED AT CLOSING PURSUANT TO Sections 4.2 and 4.3 hereto (THE “CLOSING DOCUMENTS”), ANY MATERIAL DEFAULT UNDER THIS AGREEMENT BY SELLER, ANY PERSONAL INJURY OR PROPERTY DAMAGE CLAIMS ARISING PRIOR TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWCLOSING DATE NOT CAUSED BY PURCHASER OR ITS CONSULTANTS, OR SELLER’S FRAUD (COLLECTIVELY, THE SUITECLOUD TECHNOLOGIES“EXCEPTED CLAIMS”), IT IS UNDERSTOOD AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AGREED THAT SELLER IS NOT MAKING AND “AS AVAILABLE” WITHOUT HAVE NOT AT ANY WARRANTY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. ANY EXPRESS KIND OR IMPLIED WARRANTIESCHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT TITLE (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USERTHE DEED), ALL DEVELOPED ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR COMPLETENESS OF THE DELIVERIES OR ANY OTHER INFORMATION PROVIDED BY DEVELOPERS ARE PROVIDED OR ON BEHALF OF SELLER TO PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS,” EXCEPT FOR THE EXCEPTED CLAIMS. PURCHASER HAS NOT RELIED AND “AS AVAILABLE” WITHOUT SHALL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY, ANY WARRANTY OF ANY KIND. ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDINGGUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, THE DELIVERIES) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE BROKER OR AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, EXCEPT FOR THE EXCEPTED CLAIMS. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR SHALL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETHE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND NON-INFRINGEMENT SHALL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN EXCEPT FOR THE EXCEPTED CLAIMS. UPON CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND COMPLETELY DISCLAIMED. USER UNDERSTANDS ADVERSE PHYSICAL AND AGREES THAT USE ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF MATERIALS ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR DATA OBTAINED THROUGH THE USE CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF THE SERVICE OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY LIMITATION, ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER USERS ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM MATTERS REGARDING THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSPROPERTY.

Disclaimers. (a) EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, SERVICES (OR ANY PORTION THEREOF) AND DEVELOPED PROPERTY ALL RELATED INFORMATION AND TECHNOLOGY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT OR ON BEHALF OF RADICL ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” AND WITHOUT ANY WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND. ANY , EXPRESS OR IMPLIED IMPLIED, AND RADICL EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF THE PURPOSE), ACCURACY, TITLE, AND AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. ORACLE EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, XXXXXX DOES NOT REPRESENT WARRANT THAT ACCESS TO THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, SERVICES (OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (IANY PORTION THEREOF) WILL BE ERROR-UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES WILL GUARANTEE SECURITY FROM AND MITIGATION OF CYBERSECURITY THREATS. (IIb) WILL BE FREE OF VIRUSES RADICL SHALL HAVE NO LIABILITY FOR ANY THIRD-PARTY SERVICES. CUSTOMER ACKNOWLEDGES THAT THE PLATFORM DOES NOT PROVIDE CYBERSECURITY SCANNING SERVICES. RADICL MAKES NO REPRESENTATIONS OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, WARRANTIES RELATED TO THE RESULTS THAT CUSTOMER MAY OBTAIN IN CONNECTION WITH THE SERVICES OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTSCONTENT. ORACLE CUSTOMER ACKNOWLEDGES THAT THE SERVICES DO NOT PROVIDE LEGAL ADVICE AND THAT CUSTOMER IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE COMPLIANCE WITH ALL REGULATIONS AND LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY RELATED TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, ITS BUSINESS AND USER MAY HAVE ADDITIONAL RIGHTSIT INFRASTRUCTURE.

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN SECTION 4.1 ABOVE (COLLECTIVELY “SELLER’S WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR SELLER’S WARRANTIES, THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT (a) ANY WARRANTY OR REPRESENTATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO TITLE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWPROPERTIES, THE SUITECLOUD TECHNOLOGIESCONDITION, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESQUANTITY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYQUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE OR (b) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE INSPECTED, OR WAIVED (AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE PROPERTIES, AND NON-INFRINGEMENT BUYER SHALL ACCEPT ALL OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH SAME IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED THEIR “AS IS”, “WHERE IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCONDITION.

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND SELLER CONTAINED IN SECTION 3.1 AND SECTION 3.2 ABOVE (COLLECTIVELY, THE “SPECIFIED WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER AND THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR SPECIFIED WARRANTIES, THE INTERESTS SHALL BE CONVEYED PURSUANT HERETO WITHOUT (a) ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO (i) TITLE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT PROPERTIES OR THE INTERESTS, OR THE CONDITION, QUANTITY, QUALITY OF THE PROPERTIES, (ii) THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, (iii) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS, (iv) THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, (v) THE STATUS OF THE PROPERTIES WITH RESPECT TO COMPLIANCE WITH APPLICABLE LAWENVIRONMENTAL LAWS, OR (vi) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER, THE SUITECLOUD TECHNOLOGIESCOMPANY OR BY THEIR RESPECTIVE AGENTS OR REPRESENTATIVES, OR (b) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE INSPECTED, OR WAIVED ITS RIGHT TO INSPECT, THE PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE OR RELEASE OF HAZARDOUS MATERIAL, INCLUDING HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS. EXCEPT FOR THE SPECIFIED WARRANTIES, SELLER AND THE COMPANY FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF RIGHTS OF A PURCHASER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT BUYER SHALL BE DEEMED TO BE OBTAINING THE PROPERTIES AND THE INTERESTS, INCLUDING, WITHOUT LIMITATION, THE EQUIPMENT COMPRISING PART OF THE PROPERTIES, IN THEIR PRESENT STATUS, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED CONDITION, “AS IS” AND “WHERE IS” WITH ALL FAULTS OR DEFECTS (KNOWN OR UNKNOWN, LATENT, DISCOVERABLE OR UNDISCOVERABLE), AND THAT BUYER HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS AVAILABLEBUYER DEEMS APPROPRIATE. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SECTION 3.3 ARE “CONSPICUOUS” WITHOUT ANY WARRANTY DISCLAIMERS FOR THE PURPOSE OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSAPPLICABLE LAW.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN SECTION 4 ABOVE ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING OR ANYTHING ELSE IN THIS AGREEMENT, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PROPERTIES SHALL BE CONVEYED PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” HERETO WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESREPRESENTATION WHETHER EXPRESS, INCLUDINGIMPLIED, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, RELATING TO TITLE TO THE IMPLIED WARRANTIES OF MERCHANTABILITYSUBJECT PROPERTIES OR RELATING TO THE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE. EXCEPT AS OTHERWISE PROVIDED HEREIN, BUYER SHALL HAVE INSPECTED, OR WAIVED (AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE PROPERTIES, AND NON-INFRINGEMENT EXCEPT AS OTHERWISE PROVIDED HEREIN, BUYER SHALL ACCEPT ALL OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH SAME IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED THEIR “AS IS”, “WHERE IS” AND “CONDITION WITH ALL FAULTS. ALSO WITHOUT LIMITATION OF THE FOREGOING, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS AVAILABLE” WITHOUT ANY WARRANTY TO THE ACCURACY OR COMPLETENESS OF ANY KINDDATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY EXPRESS AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR IMPLIED WARRANTIES, INCLUDING, BUT ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE PROVIDED BUYER AS A CONVENIENCE AND SHALL NOT LIMITED TO, THE IMPLIED WARRANTIES CREATE OR GIVE RISE TO ANY LIABILITY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR AGAINST SELLER AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS ANY RELIANCE ON OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED SAME SHALL BE AT BUYER'S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSLAW.

Disclaimers. [A] Generally Although not an entirely settled question, courts generally treat software as a good that is subject to the Uniform Commercial Code.10 Therefore, vendors should include U.C.C.-type warranty disclaimers. Customer’s counsel should read these carefully and confirm they are appropriate for customer ’s intended use. If properly drafted by the vendor’s counsel, these provisions should not require much negotiation. The following is language from a vendor form: EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION [ ], WHICH ARE LIMITED WARRANTIES AND THE ONLY WAR- RANTIES PROVIDED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWCUSTOMER, THE SUITECLOUD TECHNOLOGIES, SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ANY SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT NEITHER VENDOR NOR ITS LICENSORS MAKE ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED ADDITIONAL WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY SOFTWARE OR SERVICES PROVIDED HEREUNDER. THE PARTIES HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSESATISFACTORY QUAL- ITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. USER UNDERSTANDS AND AGREES NEITHER VENDOR NOR ITS LICENSORS WARRANT THAT USE OF MATERIALS THE SOFTWARE OR DATA OBTAINED THROUGH ANY SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SET FORTH HEREIN, THAT THE USE SOFT- XXXX WILL OPERATE IN THE COMBINATIONS THAT CUSTOM- ER MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER SOFTWARE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USEUNINTERRUPTED OR ERROR-FREE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESTHAT ALL ERRORS WILL BE CORRECTED. IF THESE LAWS APPLY TO USERCUSTOMER REQUESTS PREPRODUCTION (E.G., SOME “ALPHA” OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.“BETA”)

Disclaimers. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE PLATFORM AND ANY THIRD- PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIESINDIEFLOW AND ITS AFFILIATES, PARTNERS, LICENSORS AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND “AS AVAILABLE” WITHOUT ANY WARRANTY STATUTORY WARRANTIES OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDIEFLOW OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. INDIEFLOW AND COMPLETELY DISCLAIMED. ORACLE DOES ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLEPLATFORM OR ANY PART THEREOF, OR OTHER MATERIAL ANY SERVICES PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) INDIEFLOW, WILL BE ERROR-FREESECURE, (II) WILL BE TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET COMPONENTS AND DO NOT WARRANT THAT ANY USER REQUIREMENTS, OR (IV) OF THE FOREGOING WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTSCORRECTED. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER YOU UNDERSTAND AND USERAGREE THAT YOU OFFER THE CREATIONS VIA THE SERVICES, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS YOUR OWN DISCRETION AND RISK. USER , AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE PLATFORM) OR LOSS OF DATA THAT RESULTS FROM THE INSTALLATION, USE, DOWNLOAD OR REMOVAL USE OF SUCH MATERIALSMATERIAL OR DATA. CERTAIN STATE LAWS INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR AS SET FORTH HEREIN, THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL FULL EXTENT OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSAPPLY.

Disclaimers. i. PARKHUB DOES NOT WARRANT OR GUARANTEE THAT (i) THE OPERATION OF THE LICENSED SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE, (ii) THE LICENSED SOFTWARE SHALL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR SOFTWARE (UNLESS SUCH OTHER APPLICATION OR SOFTWARE IS PROVIDED BY PARKHUB OR APPROVED BY PARKHUB IN WRITING), (iii) THE LICENSED SOFTWARE SHALL BE CORRECT, ACCURATE, SECURE, TIMELY, OR RELIABLE (OTHER THAN AS PROVIDED IN SPECIFICATIONS OR DOCUMENTATION RELATED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT LICENSED SOFTWARE AND PROVIDED BY PARKHUB), OR (iv) ANY SPECIFIC RESULTS FROM USE OF THE LICENSED SOFTWARE (OTHER THAN AS PROVIDED IN SPECIFICATIONS OR DOCUMENTATION RELATED TO APPLICABLE LAWTHE LICENSED SOFTWARE AND PROVIDED BY PARKHUB). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE LICENSED SOFTWARE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “AS AVAILABLEWITH ALL FAULTS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY WARRANTY KIND, EITHER EXPRESS OR IMPLIED AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. ANY EXPRESS EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PARKHUB DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIED WARRANTIESOTHERWISE), INCLUDING, BUT NOT LIMITED TO, THE INCLUDING IMPLIED WARRANTIES OF (i) UNINTERRUPTED USE, (ii) MERCHANTABILITY, (iii) FITNESS FOR A PARTICULAR PURPOSE, TITLEAND (iv) WARRANTIES (IF ANY) ARISING FROM COURSE OF DEALING, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLEUSAGE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSTRADE PRACTICE.

Disclaimers. [A] Generally Although not an entirely settled question, courts generally treat software as a good that is subject to the Uniform Commercial Code.10 Therefore, vendors should include U.C.C.-type warranty disclaimers. Customer’s counsel should read these carefully and confirm they are appropriate for customer ’s intended use. If properly drafted by the vendor’s counsel, these provisions should not require much negotiation. The following is language from a vendor form: EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION [ ], WHICH ARE LIMITED WARRANTIES AND THE ONLY WAR- RANTIES PROVIDED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWCUSTOMER, THE SUITECLOUD TECHNOLOGIES, SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ANY SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT NEITHER VENDOR NOR ITS LICENSORS MAKE ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED ADDITIONAL WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY SOFTWARE OR SERVICES PROVIDED HEREUNDER. THE PARTIES HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSESATISFACTORY QUAL- ITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. USER UNDERSTANDS AND AGREES NEITHER VENDOR NOR ITS LICENSORS WARRANT THAT USE OF MATERIALS THE SOFTWARE OR DATA OBTAINED THROUGH ANY SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SET FORTH HEREIN, THAT THE USE SOFT- XXXX WILL OPERATE IN THE COMBINATIONS THAT CUSTOM- ER MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER SOFTWARE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USEUNINTERRUPTED OR ERROR-FREE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESTHAT ALL ERRORS WILL BE CORRECTED. IF THESE LAWS APPLY PREPRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF SOFTWARE ARE PRO- VIDED TO USERCUSTOMER, SOME OR ALL SUCH COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.ANY KIND. [B] Title and Noninfringement In addition to disclaiming the implied warranties of merchant- ability and fitness for a particular purpose,11 the prudent vendor

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN SECTION 4.1 ABOVE AND THE SPECIAL WARRANTY OF TITLE IN THE CONVEYANCE TO BE DELIVERED AT CLOSING (COLLECTIVELY, THE “SELLER’S WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR SELLER’S WARRANTIES, THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT (a) ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO (i) TITLE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT PROPERTIES, OR THE CONDITION, QUANTITY, QUALITY OF THE PROPERTIES, (ii) THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, (iii) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS, (iv) THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, (v) THE STATUS OF THE PROPERTIES WITH RESPECT TO COMPLIANCE WITH APPLICABLE LAWENVIRONMENTAL LAWS, OR (vi) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES, OR (b) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE (i) INSPECTED, OR (ii) WAIVED, (AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE SUITECLOUD TECHNOLOGIESPROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE OR RELEASE OF HAZARDOUS MATERIAL, INCLUDING HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS. EXCEPT FOR THE SELLER’S WARRANTIES, SELLER FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF RIGHTS OF A PURCHASER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT BUYER SHALL BE DEEMED TO BE OBTAINING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE EQUIPMENT COMPRISING PART OF THE PROPERTIES, IN THEIR PRESENT STATUS, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED CONDITION, “AS IS” AND “WHERE IS” WITH ALL FAULTS OR DEFECTS (KNOWN OR UNKNOWN, LATENT, DISCOVERABLE OR UNDISCOVERABLE), AND THAT BUYER HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS AVAILABLEBUYER DEEMS APPROPRIATE. SELLER AND BUYER AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SECTION 4.2 ARE “CONSPICUOUS” WITHOUT ANY WARRANTY DISCLAIMERS FOR THE PURPOSE OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSAPPLICABLE LAW.

Disclaimers. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO NOT PROHIBITED BY APPLICABLE LAWLAW AND EXCEPT FOR THE EXPRESS WARRANTIES IN THIS ADDENDUM, ALTERYX PROVIDES THE SUITECLOUD TECHNOLOGIESCLOUD SERVICES ON AN "AS-IS" BASIS. ALTERYX, ITS AFFILIATES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” THIRD-PARTY PROVIDERS DISCLAIM AND “AS AVAILABLE” WITHOUT ANY MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND. ANY EXPRESS , EXPRESS, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDINGINCLUDING REPRESENTATIONS, BUT NOT LIMITED TO, THE IMPLIED GUARANTEES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT INFRINGEMENT, RELIABILITY, COMPLETENESS OR ACCURACY, WHETHER OF THIRD THE CLOUD SERVICES OR ANY OUTPUT OR RESULTS CREATED FROM THE USE THEREOF. LICENSEE ACKNOWLEDGES THAT (A) NEITHER ALTERYX, ITS AFFILIATES NOR ITS THIRD-PARTY RIGHTS PROVIDERS CONTROLS LICENSEE EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES (INCLUDING THE INTERNET); (B) THE CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS, AND OTHER PROBLEMS INHERENT IN THE USE OF COMMUNICATIONS FACILITIES (INCLUDING SEARCH ENGINES AND SOCIAL MEDIA CHANNELS); AND (C) LICENSEE IS FULLY RESPONSIBLE FOR PROMPTLY INSTALLING ALL APPROPRIATE SECURITY UPDATES AND PATCHES TO ITS SYSTEMS. ALTERYX, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIESRESPONSIBLE FOR ANY INTERRUPTIONS, DEVELOPED PROPERTY DEVELOPED BY ORACLEDELAYS, CANCELLATIONS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS RESULTING FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSFOREGOING.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HUB (INCLUDING THE SUITECLOUD TECHNOLOGIES, MATERIALS AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT OTHER THIRD PARTY CONTENT) ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED HACKERGAL MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS, WARRANTIES, INCLUDINGCONDITIONS AND GUARANTEES, BUT NOT LIMITED TOWHETHER WRITTEN, THE ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONCONFORMANCE WITH DESCRIPTION, TITLE, NONINFRINGEMENT, ACCURACY, SAFETY, RELIABILITY, COMPLETENESS AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT PURPOSE OR THE RESULTS YOU MAY OBTAIN BY USING THE HUB OR THAT THE QUALITY OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDTHE HUB WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. ORACLE HACKERGAL DOES NOT REPRESENT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE HUB SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. HACKERGAL DOES NOT WARRANT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) HUB WILL BE ERROR-FREECOMPATIBLE WITH YOUR COMPUTER SYSTEMS, (II) WILL BE FREE OF VIRUSES MOBILE DEVICES OR ANY INTERNET TECHNOLOGY. HACKERGAL DISCLAIMS ALL FAILURES, DELAYS AND OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE PROBLEMS INHERENT WITH THE INTERNET AND IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY ANY HOST DATA DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY HACKERGAL. HACKERGAL IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE (INCLUDING NON-HACKERGAL APPLICATIONS, NON-HACKERGAL SITES OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLEUSERS). UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND USERALL LAWS, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” RULES, REGULATIONS AND “AS AVAILABLE” WITHOUT ANY WARRANTY OBLIGATIONS THAT MAY APPLY TO YOUR USE OF ANY KINDTHE HUB. ANY EXPRESS OR SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSYOU.

Disclaimers. TO EXCEPT AS EXPLICITLY PROVIDED IN SECTION 15 ABOVE, VERTAFORE MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWVERTAFORE SOLUTIONS OR THE SERVICES, THE SUITECLOUD TECHNOLOGIESWHETHER EXPRESS OR IMPLIED, AND DEVELOPED PROPERTY PROVIDED ARISING BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESDESIGN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. VERTAFORE AND COMPLETELY DISCLAIMED. ORACLE DOES ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, VERTAFORE SOLUTIONS AND/OR OTHER MATERIAL THE SERVICES PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL HEREUNDER SHALL BE UNINTERRUPTED OR ERROR-FREE, . FURTHER: (IIA) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE BECAUSE VERTAFORE IS NOT RESPONSIBLE THE ORIGINAL MANUFACTURER OF THE EQUIPMENT OR THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT; AND (B) IF CUSTOMER IS AN AUTHORIZED ONLINE SERVICES LICENSEE, THE EQUIPMENT, NETWORKING AND TELECOMMUNICATIONS INFRASTRUCTURE USED BY CUSTOMER TO ACCESS THE VERTAFORE SOLUTION IS THE SOLE RESPONSIBILITY OF CUSTOMER; VERTAFORE DOES NOT PROVIDE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL OBLIGATIONS OR LIABILITIES FOR DEVELOPED PROPERTY DAMAGES ARISING OUT OF OR OTHER MATERIALS DEVELOPED IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE OF THE EQUIPMENT, THIRD PARTY SOFTWARE, THIRD PARTY CONTENT AND THE DELIVERY AND PERFORMANCE OF THE VERTAFORE SOLUTION IN CONNECTION WITH THE ACCESS BY DEVELOPERS OTHER THAN ORACLECUSTOMER TO THE ONLINE SERVICES. UNLESS OTHERWISE 17. LIMITATIONS OF LIABILITY. EXCEPT WITH RESPECT TO VERTAFORE’S INDEMNIFICATION OBLIGATION IN SECTION 15.5.1, VERTAFORE’S AGGREGATE, CUMULATIVE LIABILITY IN CONNECTION WITH ALL AGREEMENTS, THE VERTAFORE SOLUTIONS AND ALL SERVICES PERFORMED SHALL BE CAPPED AT THE AMOUNT EQUAL TO THE FEES ACTUALLY RECEIVED BY VERTAFORE FROM CUSTOMER UNDER THE ORDER FROM WHICH THE EVENT CAUSING LIABILITY ARISES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL VERTAFORE BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR LOST DATA. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER THIS SECTION 17 APPLY TO ALL CLAIMS OR CAUSES OF ACTION ON WHATEVER BASIS AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” UNDER WHATEVER THEORY BROUGHT AND “AS AVAILABLE” WITHOUT ANY WARRANTY IRRESPECTIVE OF ANY KIND. ANY EXPRESS WHETHER THE PARTY HAS ADVISED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE HAS BEEN ADVISED OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL POSSIBILITY OF SUCH MATERIALSCLAIM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION ALL CLAIMS AND CAUSES OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL ACTION BROUGHT BY CUSTOMER HEREUNDER SHALL BE BROUGHT WITHIN ONE (1) YEAR OF THE ABOVE DISCLAIMERSTERMINATION OR EXPIRATION HEREOF OR WITHIN SIX MONTHS OF THE DATE THE HARM IS ACTUALLY DISCOVERED, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSWHICHEVER OCCURS FIRST.

Disclaimers. THE ACQUIROR ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT THE PARENT HAS NOT MADE, AND THE PARENT HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND THE ACQUIROR HEREBY EXPRESSLY WAIVES, ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO, AND THE ACQUIROR HEREBY EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL RIGHTS, CLAIMS AND CAUSES OF ACTION AGAINST THE PARENT AND ITS REPRESENTATIVES IN CONNECTION WITH, THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL), HERETOFORE FURNISHED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWACQUIROR AND ITS REPRESENTATIVES BY OR ON BEHALF OF THE PARENT. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SUITECLOUD TECHNOLOGIESPARENT EXPRESSLY DISCLAIMS AND NEGATES, AND DEVELOPED PROPERTY PROVIDED THE ACQUIROR HEREBY WAIVES, AS TO PERSONAL PROPERTY, EQUIPMENT AND FIXTURES CONSTITUTING A PART OF THE ASSETS OWNED OR OPERATED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT THE BUSINESSES, (I) ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTSIMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE ANY RIGHTS OF PURCHASERS UNDER APPROPRIATE LEGAL REQUIREMENTS TO CLAIM DIMINUTION OF CONSIDERATION, (V) ANY CLAIMS BY ACQUIROR FOR DEVELOPED PROPERTY DAMAGES BECAUSE OF ANY LATENT OR PATENT DEFECTS OR OTHER MATERIALS DEVELOPED DEFECTS, WHETHER KNOWN OR UNKNOWN AND (VI) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LEGAL REQUIREMENTS; IT BEING THE EXPRESS INTENTION OF THE PARENT AND THE ACQUIROR THAT, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE IN THIS AGREEMENT, THE TANGIBLE PROPERTY, INCLUDING REAL PROPERTY, IMMOVABLES, PERSONAL PROPERTY, MOVABLES, EQUIPMENT AND FIXTURES OWNED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH OR IN AN AGREEMENT BETWEEN DEVELOPER THE POSSESSION OF THE SELLER OR ANY MEMBER OF EITHER COMPANY GROUP ARE TO BE CONVEYED IN THEIR THEN PRESENT CONDITION AND USERSTATE OF REPAIR, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “"AS IS” " AND “AS AVAILABLE” WITHOUT ANY WARRANTY "WHERE IS" WITH ALL FAULTS. THE PARENT AND THE ACQUIROR AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LEGAL REQUIREMENTS TO HALLIBURTON COMPANY AGREEMENT AND PLAN OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TORECAPITALIZATION 32 BE EFFECTIVE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE DISCLAIMERS OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCONTAINED IN THIS SECTION ARE "CONSPICUOUS."

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE SOFTWARE IS PROVIDED “AS IS” ”, AND “AS AVAILABLE” WITHOUT LICENSOR DISCLAIMS (ALSO ON BEHALF OF ITS LICENSOR’S) ANY WARRANTY OF ANY KIND. ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF NONINFRINGEMENT, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT PURPOSE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDTHE SOFTWARE. ORACLE LICENSOR DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIESSOFTWARE IS FREE OF CLAIMS FOR INFRINGEMENT, DEVELOPED PROPERTY DEVELOPED BY ORACLETHAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THAT IT IS SUITABLE FOR ANY APPLICATION. FURTHER, LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT IT IS FREE OF ANY OMISSION, INACCURACY, DEFECT, COMPUTER VIRUS, OR OTHER OPERATIONAL OR PERFORMANCE PROBLEM, OR THAT DEFECTS IN THE SOFTWARE WILL BE FREE CORRECTED. LICENSEE WILL BE RESPONSIBLE FOR ADEQUATELY SAFEGUARDING (SUCH AS BY BACKING UP) ANY DATA AND OTHER SOFTWARE USED IN CONJUNCTION WITH THE SOFTWARE. LICENSOR ASSUMES NO LIABILITY FOR ANY CORRUPTION, ERASURE, MISHANDLING, OR THE LIKE OF VIRUSES LICENSEE'S DATA OR OTHER HARMFUL COMPONENTSSOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY LIMIT THE SCOPE OF THESE DISCLAIMERS. ADDITIONALLY, (III) WILL MEET ANY USER REQUIREMENTSLICENSEE ACKNOWLEDGES RECEIVING NO WARRANTY, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDINGFROM ANY THIRD PARTY, BUT NOT LIMITED TOINCLUDING POSSIBLE LICENSORS OF THE LICENSOR, REGARDING THE IMPLIED WARRANTIES OF MERCHANTABILITYSOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS SOFTWARE OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSTHIS LICENSE.

Disclaimers. TO ALL RIGHTS IN ANY THIRD-PARTY COMPONENTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LIGHTEDGE OR ITS LICENSORS. LIGHTEDGE DISCLAIMS ALL WARRANTIES ASSOCIATED WITH THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWTHIRD-PARTY COMPONENTS, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE LIGHTEDGE DOES NOT REPRESENT WARRANT THAT CUSTOMER’S USE OF THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THIRD-PARTY COMPONENTS WILL BE UNINTERRUPTED, ERROR-FREE, (II) WILL BE FREE OR COMPLETELY SECURE. THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF VIRUSES OR OTHER HARMFUL COMPONENTSCUSTOMER PRIVACY, (III) WILL MEET ANY USER REQUIREMENTSCONFIDENTIAL INFORMATION, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTSAND PROPERTY. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS LIGHTEDGE HAS NO OBLIGATION TO PROVIDE SECURITY OTHER THAN ORACLEAS STATED IN THE SERVICE AGREEMENT. UNLESS OTHERWISE SET FORTH IN AN ADDITION, CLIENT ACKNOWLEDGES THAT THIS AGREEMENT BETWEEN DEVELOPER AND USERCONVEYS NO WARRANTIES OR DUTIES OF SUPPORT OR INDEMNIFICATION, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES BY ANY THIRD- PARTY OWNERS OR VENDORS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETHIRD-PARTY COMPONENTS MADE AVAILABLE TO CUSTOMER BY LIGHTEDGE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY THOSE VENDORS DISCLAIM ANY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS ALL LIABILITY, WHETHER DIRECT, INDIRECT OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDINGCONSEQUENTIAL, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS ARISING FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSSERVICES DELIVERED BY LIGHTEDGE.

Disclaimers. TO EXCEPT FOR THE FULLEST EXTENT PERMISSIBLE PURSUANT TO WARRANTIES EXPRESSLY STATED AND AS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIESPRODUCTS, APPLIANCES, SOFTWARE, SUBSCRIPTION SERVICES AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT MAINTENANCE SERVICES ARE PROVIDED “AS IS” ”. BRICATA AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY ITS SUPPLIERS MAKE NO OTHER WARRANTIES AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ANY WARRANTIES ARISING OUT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDCOURSE OF DEALING OR USAGE OF TRADE. ORACLE BRICATA DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THE PRODUCT WILL BE ERROR-FREEMEET END USER’S REQUIREMENTS, (II) WILL USE THEREOF SHALL BE FREE OF VIRUSES UNINTERRUPTED OR OTHER HARMFUL COMPONENTSERROR--FREE, OR (III) THE HARDWARE, SOFTWARE OR SUBSCRPTION SERVICES WILL MEET PROTECT AGAINST ALL POSSIBLE THREATS WHETHER KNOWN OR UNKNOWN. BRICATA SPECIFICALLY DENIES ANY USER REQUIREMENTSIMPLIED OR EXPRESS REPRESENTATION THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR WILL PROVIDE AN ADEQUATE DEFENSE AGAINST MALWARE, DATA THEFT OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY LOSS, VIRUS OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS INTRUSIONS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS THEFT OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSUNAUTHORIZED DISCLOSURE.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAWLAW AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY US, (A) THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT TOKENS ARE PROVIDED SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WARRANTIES OR REPRESENTATIONS OF ANY KIND. ANY , AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS RELATING TO THE TOKENS (WHUSDTER EXPRESS OR IMPLIED WARRANTIESIMPLIED), INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT INFRINGEMENT, WHUSDTER ARISING BY LAW, COURSE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE; (B) WE DO NOT REPRESENT OR WARRANT THAT THE SUITECLOUD TECHNOLOGIESTOKENS ARE RELIABLE, DEVELOPED PROPERTY DEVELOPED BY ORACLECURRENT, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) OR DEFECT-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE TOKENS OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET . YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY USER REQUIREMENTSREPRESENTATION OR WARRANTY MADE BY THE COMPANY, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR ANY OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESPERSON ON THE COMPANY’S BEHALF, INCLUDING, BUT NOT LIMITED TO, CONVERSATIONS OF ANY KIND, WHUSDTER THROUGH ORAL OR ELECTRONIC COMMUNICATION. WE DO NOT AND WILL NOT PROVIDE YOU WITH ANY SOFTWARE OTHER THAN THE IMPLIED WARRANTIES OF MERCHANTABILITYTOKENS IN YOUR RESULTING DISTRIBUTION. YOU UNDERSTAND THAT TOKENS, FITNESS FOR A PARTICULAR PURPOSEDISTRIBUTED LEDGER TECHNOLOGY, TITLETHE USDTEREUM PROTOCOL, AND NON-INFRINGEMENT USDTER ARE NEW AND UNTESTED TECHNOLOGIES OUTSIDE OF THIRD PARTY RIGHTS OUR CONTROL AND ADVERSE CHANGES IN MARKET FORCES OR TECHNOLOGY WILL EXCUSE OUR PERFORMANCE UNDER THESE TERMS. TRANSACTIONS USING DISTRIBUTED LEDGER TECHNOLOGY, SUCH AS THOSE INVOLVING THE PRESALE OR TOKEN SALE, ARE HEREBY EXPRESSLY AT RISK TO MULTIPLE POTENTIAL FAILURES, INCLUDING HIGH NETWORK VOLUME, COMPUTER FAILURE, DISTRIBUTED LEDGER FAILURE OF ANY KIND, USER FAILURE, TOKEN THEFT, AND COMPLETELY DISCLAIMEDNETWORK HACKING. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT RESULTS LOSS OF DATA, USDTER, TOKENS, HARDWARE OR SOFTWARE RESULTING FROM THE INSTALLATIONANY TYPES OF FAILURES, USETHEFT, OR REMOVAL HACK. Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this Section may not apply to you. In such an event, the terms that are not enforceable in the relevant jurisdiction shall be severed from these Terms in accordance with Section 23 herein. NEITHER THESE TERMS NOR ANY RELATED DOCUMENTATION OR COMMUNICATION BY THE COMPANY CONSTITUTES A PROSPECTUS OR OFFERING DOCUMENT AND IS NEITHER AN OFFER TO SELL NOR THE SOLICITATION OF SUCH MATERIALSAN OFFER TO BUY ANY INVESTMENT OR FINANCIAL INSTRUMENT IN ANY JURISDICTION. CERTAIN STATE LAWS DO THE TOKENS SHOULD NOT ALLOW LIMITATIONS BE ACQUIRED FOR SPECULATIVE OR INVESTMENT PURPOSES WITH THE EXPECTATION OF MAKING A PROFIT ON IMPLIED WARRANTIES IMMEDIATE OR THE EXCLUSION FUTURE RESALE. NO REGULATORY AUTHORITY HAS EXAMINED OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL APPROVED ANY OF THE ABOVE DISCLAIMERSINFORMATION SET FORTH IN THESE TERMS OR ANY RELATED DOCUMENTATION OR COMMUNICATION BY THE COMPANY. NO SUCH ACTION HAS BEEN OR WILL BE TAKEN UNDER THE LAWS, EXCLUSIONSREGULATORY REQUIREMENTS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSRULES OF ANY JURISDICTION.

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 18, THE BRIGHTCLOUD SERVICE, CLASSIFICATIONS, AND DOCUMENTATION, ARE EACH PROVIDED “AS IS” AND WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WEBROOT DOES NOT AND CANNOT WARRANT THAT ANY CLASSIFICATION IS COMPLETE, ACCURATE, OR CURRENT. IN ADDITION, THE COMPONENTS, ALGORITHMS, AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR ANY CLASSIFICATION ARE FREQUENTLY CHANGING AND WEBROOT DOES NOT WARRANT THAT ANY CLASSIFICATIONS ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWBRIGHTCLOUD SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED, THE SUITECLOUD MEET PARTNER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, MATERIALS OR OTHER MATTER (INCLUDING ANY SOFTWARE, HARDWARE, FIRMWARE, SYSTEM OR NETWORK), OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE. ALL OPEN-SOURCE SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT OTHER THIRD- PARTY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, OF THEMIS STRICTLY BETWEEN END USER AND THE IMPLIED WARRANTIES THIRD-PARTY COPYRIGHT OWNER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, SUCH OPEN- SOURCE SOFTWARE OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERRORTHIRD-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. EXCEPT FOR THE REPAIR OR REPLACEMENT BY THE DISTRIBUTOR OF ITEMS COVERED BY THIS LIMITED WARRANTY, THE DISTRIBUTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT FOR IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED, ALL OF WHICH ARE LIMITED IN DURATION TO THE FULLEST EXTENT PERMISSIBLE PURSUANT APPLICABLE PERIODS OF THE EXPRESS WARRANTIES CONTAINED HEREIN. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES, (OR ANY CONTRACT OR REPRESENTATION BY ANY OTHER PARTY WITH RESPECT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, PRODUCT). THIS WARRANTY EXPRESSLY EXCLUDES AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR DISCLAIMS IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE. THE DISTRIBUTOR’S SOLE OBLIGATION, AND NON-INFRINGEMENT OWNER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY, IS LIMITED SOLELY AND EXCLUSIVELY TO THE REPAIR OR REPLACEMENT OF THIRD PARTY RIGHTS DEFECTIVE PARTS, AT DISTRIBUTOR’S OPTION, FOR PARTS FOUND TO BE DEFECTIVE, AND THE REMEDY OF REPAIR AND REPLACEMENT ARE HEREBY EXPRESSLY IN LIEU OF ALL OTHER REMEDIES. DISTRIBUTOR DISCLAIMS: (A) ANY LIABILITY FOR ECONOMIC LOSS ARISING FROM CLAIMS OF DEFECTS, PRODUCT FAILURE, NEGLIGENCE, DEFECTIVE DESIGN, FAILURE TO WARN OR INSTRUCT, LACK OF SEAWORTHINESS, AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIESANY OTHER THEORY OF LIABILITY; (B) ANY LIABILITY FOR: REVOCATION OF ACCEPTANCE, DEVELOPED PROPERTY DEVELOPED BY ORACLEINDIRECT, INCIDENTAL, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREECONSEQUENTIAL DAMAGES, (II) WILL BE FREE OF VIRUSES COSTS OR OTHER HARMFUL COMPONENTSEXPENSES, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES : LOSS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATIONTIME, USE, VALUE, PROFITS, OR REMOVAL INCONVENIENCE; RENTAL CHARGES, TRAVEL EXPENSES, CAPTAIN’S AND CREW MEMBERS’ SALARIES; LOSS OF OR DAMAGE TO PERSONAL PROPERTY; DOCKAGE FEES, TOWING AND STORAGE CHARGES, AND THE COST OF TRANSPORTATION FOR REPAIR TO ANY REPAIR FACILITY; WHETHER INCURRED AS A RESULT OF ANY DEFECTS OR BECAUSE OF ANY STEPS THE OWNER TAKES TO BECOME ENTITLED TO REPAIR OR REPLACEMENT; (C) INJURY TO OR DAMAGES TO PERSONS OR PROPERTY RESULTING FROM ANY INFORMATION PROVIDED BY THE DEALER IF ERRONEOUS OR NOT APPROVED IN ADVANCE IN WRITING BY DISTRIBUTOR. THE REMEDIES SET FORTH ABOVE ARE OWNER’S SOLE AND EXCLUSIVE REMEDIES UNDER THIS WARRANTY AND ARE IN LIEU OF ALL OTHER REMEDIES, EXPRESS OR IMPLIED, INCLUDING RESCISSION OR REVOCATION OF ACCEPTANCE. IF EXACT REPLACEMENT PARTS OR BOATS ARE UNAVAILABLE AT THE TIME OF THE WARRANTY CLAIM, THE DISTRIBUTOR MAY SUBSTITUTE PARTS OR BOATS OF THE SAME OR BETTER QUALITY AND THE CUSTOMER AGREES TO ACCEPT SUCH MATERIALSREPLACEMENT IN SATISFACTION OF THE LIMITED WARRANTY SET FORTH HEREIN. CERTAIN STATE LAWS THE DISTRIBUTOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES WHATSOEVER. SOME STATES DO NOT ALLOW (A) LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST; OR (B) THE EXCLUSION OR EXCLUSIONOR LIMITATION OF CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF SO THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS LIMITATION MAY NOT APPLY TO USERYOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND USER YOU MAY ALSO HAVE ADDITIONAL OTHER RIGHTS., WHICH VARY, FROM STATE TO STATE OR COUNTRY TO COUNTRY. BRIG U.S.A, LLC 0000 XX 00XX XXX FT LAUDERDALE FL 33316

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, EARLY ACCESS TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-NON- INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, EARLY ACCESS TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT SOFTWARE IS DELIVERED TO THIS AGREEMENT ARE PROVIDED YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NOTWITHSTANDING THE FOREGOING, THE THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION THE HEVC CODEC, IS PROVIDED TO YOU “AS AVAILABLEAS- IS” WITHOUT ANY WARRANTY OF ANY KIND. ANY , EXPRESS OR IMPLIED IMPLIED. WE AND OUR LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDDEALING, USAGE OR TRADE PRACTICE. ORACLE DOES FURTHER, WE DO NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, SOFTWARE WILL OPERATE UNINTERRUPTED OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) BE ERROR FREE OR THAT DEFECTS IN THE SOFTWARE ARE CORRECTABLE OR WILL BE ERROR-FREE, (II) CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL BE FREE CREATE A WARRANTY. THE LAWS OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESWARRANTIES. IF THESE LAWS APPLY TO USERYOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USERYOU, AND USER YOU MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. Gowling WLG is not responsible in any manner for Content found on other web sites that are linked to the Site by hyperlinks and no endorsement of any products, services or information is expressed or implied by any Content referred to or included on, or linked from or to the Site. Your use of any such other web sites is entirely at Your risk. Gowling WLG is not responsible in any manner for any loss or damage caused by a distributed denial-of-service attack, viruses, cyber-attack, or any other technological harmful material that may infect Your equipment. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE BY LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, SITE (INCLUDING, BUT NOT LIMITED TO, ALL CONTENT AND/OR YOUR ACCESS TO AND USE OF THE SITE) ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”. GOWLING WLG AND ITS LICENSORS AND SOFTWARE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYQUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, AND NON-NON- INFRINGEMENT OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT DEALING OR USAGE OF THE SUITECLOUD TECHNOLOGIESTRADE) AS TO, DEVELOPED PROPERTY DEVELOPED BY ORACLE, ARISING OUT OF OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT RELATED TO THIS AGREEMENT THE FOLLOWING: (I) WILL BE ERROR-FREE, THESE TERMS OF USE; (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE SITE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERSLIMITATION, (A) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL PERFORMANCE OF THE ABOVE DISCLAIMERSSITE OR ITS FAILURE TO PERFORM, EXCLUSIONS(B) THE AVAILABILITY OR RELIABILITY OF THE SITE, (C) THE FUNCTIONS, CONTENT AND INFORMATION MADE ACCESSIBLE OR LIMITATIONS MAY NOT APPLY TO USERAVAILABLE ON OR THROUGH THE SITE, AND USER MAY HAVE ADDITIONAL RIGHTS(D) COMPONENTS); AND/OR (III) THE TRANSMISSION OF CONTENT OR DATA TRANSMITTED TO OR FROM YOU OR OTHERS VIA THE SITE.

Disclaimers. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE 6 AND IN THE SPECIAL WARRANTY SET FORTH IN THE ASSIGNMENT, NEITHER SELLER NOR ANY AFFILIATE OF SELLER MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWASSETS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE 6 AND IN THE SPECIAL WARRANTY SET FORTH IN THE ASSIGNMENT, THE SUITECLOUD TECHNOLOGIESSELLER, FOR ITSELF AND ITS AFFILIATES, HEREBY EXPRESSLY DISCLAIMS AND NEGATES ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, AND DEVELOPED PROPERTY PROVIDED PROJECTIONS, FORECASTS, STATEMENTS OR INFORMATION MADE, COMMUNICATED OR FURNISHED (ORALLY OR IN WRITING) TO BUYER OR ANY OF ITS AFFILIATES OR REPRESENTATIVES, ASSOCIATED WITH THE ASSETS. EXCEPT AS AND TO THE LIMITED EXTENT EXPRESSLY REPRESENTED OTHERWISE IN ARTICLE 6, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED, AS TO (a) TITLE TO ANY OF THE ASSETS, (b) THE CONTENTS, CHARACTER OR NATURE OF ANY REPORT OF ANY PETROLEUM ENGINEERING CONSULTANT OR ANY ENGINEERING, GEOLOGICAL OR SEISMIC DATA OR INTERPRETATION, RELATING TO THE ASSETS, (c) THE QUANTITY, QUALITY OR RECOVERABILITY OF HYDROCARBONS IN OR FROM THE ASSETS, (d) ANY ESTIMATES OF THE VALUE OF THE ASSETS OR FUTURE REVENUES GENERATED BY ORACLE PURSUANT THE ASSETS, (e) THE PRODUCTION OF HYDROCARBONS FROM THE ASSETS, (f) THE MAINTENANCE, REPAIR, CONDITION, QUALITY, SUITABILITY, DESIGN OR MARKETABILITY OF THE ASSETS, (g) THE CONTENT, CHARACTER OR NATURE OF ANY INFORMATION MEMORANDUM, REPORTS, BROCHURES, CHARTS OR STATEMENTS PREPARED BY SELLERS OR THIRD PARTIES WITH RESPECT TO THE ASSETS, (h) ANY OTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE TO BUYER OR ITS AFFILIATES OR ITS OR THEIR EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES OR ADVISORS IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT ARE PROVIDED OR ANY DISCUSSION OR PRESENTATION RELATING THERETO AND (i) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT. EXCEPT AS AND TO THE LIMITED EXTENT EXPRESSLY REPRESENTED OTHERWISE IN ARTICLE 6 OR THE ASSIGNMENT, SELLER FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF MERCHANTABILITY, FREEDOM FROM LATENT [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. HOU:0103160/00024:1726362v2 VICES OR DEFECTS, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY OF THE ASSETS, RIGHTS OF A PURCHASER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES THAT BUYER SHALL BE DEEMED TO BE OBTAINING THE ASSETS IN THEIR PRESENT STATUS, CONDITION AND STATE OF REPAIR, “AS IS” AND “WHERE IS” WITH ALL FAULTS OR DEFECTS (KNOWN OR UNKNOWN, LATENT, DISCOVERABLE OR UNDISCOVERABLE), AND THAT BUYER HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS OF THE ASSETS AS AVAILABLE” WITHOUT BUYER DEEMS APPROPRIATE. OTHER THAN AS AND TO THE LIMITED EXTENT EXPRESSLY REPRESENTED OTHERWISE IN SECTION 6.14, SELLER HAS NOT AND WILL NOT MAKE ANY REPRESENTATION OR WARRANTY OF REGARDING ANY KIND. ANY EXPRESS MATTER OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOCIRCUMSTANCE RELATING TO ENVIRONMENTAL LAWS, THE IMPLIED WARRANTIES RELEASE OF MERCHANTABILITYHAZARDOUS SUBSTANCES INTO THE ENVIRONMENT OR THE PROTECTION OF HUMAN HEALTH, FITNESS SAFETY, NATURAL RESOURCES OR THE ENVIRONMENT, OR ANY OTHER ENVIRONMENTAL CONDITION OF THE ASSETS, AND NOTHING IN THIS AGREEMENT OR OTHERWISE SHALL BE CONSTRUED AS SUCH A REPRESENTATION OR WARRANTY, AND SUBJECT TO BUYER’S LIMITED RIGHTS AS EXPRESSLY SPECIFIED IN THIS AGREEMENT FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT BREACH OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SELLER’S REPRESENTATIONS SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USERSECTION 6.14, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED BUYER SHALL BE DEEMED TO BE OBTAINING THE ASSETS “AS IS” AND “WHERE IS” WITH ALL FAULTS FOR PURPOSES OF THEIR ENVIRONMENTAL CONDITION AND THAT BUYER HAS MADE OR CAUSED TO BE MADE SUCH ENVIRONMENTAL INSPECTIONS OF THE ASSETS AS AVAILABLE” WITHOUT ANY WARRANTY BUYER DEEMS APPROPRIATE. BUYER ACKNOWLEDGES THAT THE ASSETS HAVE BEEN USED FOR EXPLORATION, DEVELOPMENT, PRODUCTION, GATHERING AND TRANSPORTATION OF ANY KINDOIL AND GAS AND THERE MAY BE PETROLEUM, PRODUCED WATER, WASTES OR OTHER SUBSTANCES OR MATERIALS LOCATED IN, ON OR UNDER THE ASSETS OR ASSOCIATED WITH THE ASSETS. ANY EXPRESS EQUIPMENT AND SITES INCLUDED IN THE ASSETS MAY CONTAIN ASBESTOS, NORM OR IMPLIED WARRANTIESOTHER HAZARDOUS SUBSTANCES. NORM MAY AFFIX OR ATTACH ITSELF TO THE INSIDE OF XXXXX, PIPELINES, MATERIALS AND EQUIPMENT AS SCALE, OR IN OTHER FORMS. THE XXXXX, MATERIALS AND EQUIPMENT LOCATED ON THE ASSETS OR INCLUDED IN THE ASSETS MAY CONTAIN NORM AND OTHER WASTES OR HAZARDOUS SUBSTANCES. NORM CONTAINING MATERIAL AND/OR OTHER WASTES OR HAZARDOUS SUBSTANCES MAY HAVE COME IN CONTACT WITH VARIOUS ENVIRONMENTAL MEDIA, INCLUDING, BUT NOT LIMITED TOWATER, SOILS OR SEDIMENT. SPECIAL PROCEDURES MAY BE REQUIRED FOR THE IMPLIED WARRANTIES ASSESSMENT, REMEDIATION, REMOVAL, TRANSPORTATION OR DISPOSAL OF MERCHANTABILITYENVIRONMENTAL MEDIA, FITNESS FOR A PARTICULAR PURPOSEWASTES, TITLEASBESTOS, NORM AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS HAZARDOUS SUBSTANCES FROM THE INSTALLATIONASSETS. FOR THE AVOIDANCE OF DOUBT, USE, OR REMOVAL NORM SHALL HOU:0103160/00024:1726362v2 NOT CONSTITUTE THE BASIS OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED A BREACH OF SELLER’S REPRESENTATIONS AND WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSSET FORTH IN SECTION 6.14.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, EXPRESS REPRESENTATIONS AND DEVELOPED PROPERTY PROVIDED BY ORACLE WARRANTIES OF SELLERS CONTAINED IN SECTION 4(a) ABOVE (OR IN ANY CONVEYANCE EXECUTED PURSUANT TO THIS AGREEMENT AGREEMENT) ARE PROVIDED “AS IS” EXCLUSIVE AND “AS AVAILABLE” ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SELLERS EXPRESSLY DISCLAIM ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING, THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESREPRESENTATION WHETHER EXPRESS, INCLUDINGIMPLIED, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, RELATING TO THE IMPLIED WARRANTIES OF MERCHANTABILITYCONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, AND, EXCEPT AS PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIS PARAGRAPH, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE INSPECTED, OR WAIVED (AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE PROPERTIES, AND NON-INFRINGEMENT BUYER SHALL ACCEPT ALL OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH SAME IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED THEIR “AS IS,” AND “WHERE IS” CONDITION. ALSO WITHOUT LIMITATION OF THE FOREGOING, SELLERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS AVAILABLE” WITHOUT ANY WARRANTY TO THE ACCURACY OR COMPLETENESS OF ANY KINDDATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATIVE TO PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTIES OR ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLERS OR BY SELLERS’ AGENTS OR REPRESENTATIVES. ANY EXPRESS AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR IMPLIED WARRANTIES, INCLUDING, BUT ORAL) FURNISHED BY SELLERS OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE PROVIDED BUYER AS A CONVENIENCE AND SHALL NOT LIMITED TO, THE IMPLIED WARRANTIES CREATE OR GIVE RISE TO ANY LIABILITY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR AGAINST SELLERS AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS ANY RELIANCE ON OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED SAME SHALL BE AT BUYER’S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSLAW.

Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THE FOREGOING REPRESENTATIONS AND WARRANTIES IN THIS ARTICLE IV (WHICH ARE SUBJECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT DISCLOSURES SET FORTH IN THE SELLER DISCLOSURE SCHEDULES), NEITHER SELLER NOR ANY OF ITS AFFILIATES NOR ANY REPRESENTATIVE OF ANY OF THEM HAS MADE ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO APPLICABLE LAWTHE PURCHASED ASSETS, THE SUITECLOUD TECHNOLOGIESASSUMED LIABILITIES, OR ANY ASPECT OF THE BUSINESS, OR THE LIABILITIES, OBLIGATIONS, BUSINESS, RESULTS OF OPERATIONS OR ANY OTHER ASPECT OF OR RELATED TO THE PURCHASED ASSETS, THE ASSUMED LIABILITIES, OR ANY ASPECT OF THE BUSINESS. WITHOUT LIMITING THE FOREGOING, EXCEPT AS TO THOSE MATTERS EXPRESSLY COVERED BY THE REPRESENTATIONS AND DEVELOPED PROPERTY WARRANTIES IN THE FOREGOING SECTIONS OF THIS ARTICLE IV: (a) SELLER DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, INCLUDING IN THIS DISCLAIMER ANY STATEMENT, MATERIALS, PROJECTION OR OTHER INFORMATION WHATSOEVER RELATING TO ANY ASPECT OF THE PURCHASED ASSETS, THE ASSUMED LIABILITIES OR ANY ASPECT OF THE BUSINESS, OR THAT WAS MADE OR PROVIDED BY ORACLE OR OTHERWISE OBTAINED FROM (WHETHER THROUGH A DATA ROOM, A MANAGEMENT PRESENTATION, EMPLOYEE INTERVIEWS OR OTHERWISE) SELLER, OR ANY OF ITS AFFILIATES OR ANY REPRESENTATIVE OF ANY OF THEM TO OR BY BUYER OR ANY OF ITS AFFILIATES OR ANY REPRESENTATIVE OF ANY OF THEM OR ANY OTHER PERSON; AND (b) THE PURCHASED ASSETS, ASSUMED LIABILITIES AND ALL PROPERTY CONVEYED PURSUANT TO THIS AGREEMENT (WHETHER DIRECTLY OR INDIRECTLY) OR THE TRANSFER DOCUMENTS DELIVERED AT CLOSING BY SELLER AND ITS AFFILIATES ARE PROVIDED “CONVEYED ON AN "AS IS” " AND “AS AVAILABLE” "WHERE IS/WHERE AS" AND "WITH ALL FAULTS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDINGWHATSOEVER, BUT NOT LIMITED TO, THE IMPLIED INCLUDING IN THIS EXCLUSION ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOPERABILITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, CAPACITY OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCONDITION.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIESEXPRESS WARRANTY SET FORTH IN SECTION 2.6 OF THIS ----------- AGREEMENT IS IN LIEU OF, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” SYNBIOTICS HEREBY EXPRESSLY WAIVES, ALL OTHER GUARANTEES AND “AS AVAILABLE” WITHOUT ANY WARRANTY WARRANTIES OF ANY KIND. ANY EXPRESS , WHETHER EXPRESS, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ALL SUCH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED AND COMPLETELY DISCLAIMEDEXCLUDED BY KPL. ORACLE DOES IN NO EVENT SHALL KPL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SALE OR USE OF ANY PRODUCT, WHETHER BASED ON BREACH OF WARRANTY OR ON CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, WHETHER OR NOT REPRESENT THAT KPL SHALL HAVE BEEN ADVISED AS TO THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLEPOSSIBILITY OR REASON FOR ANY SUCH POTENTIAL LOSS OR DAMAGE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF KPL'S WARRANTY OF THE PRODUCTS SHALL BE AS STATED IN SECTION 2.6 HEREOF. IN ALL OTHER CASES KPL'S SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO ANY MATTER ARISING FROM OR CONNECTED WITH THE SALE OR USE OF ANY PRODUCTS, OR OTHER MATERIAL KPL'S PERFORMANCE UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY OR ON CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE ORIGINAL COST TO SYNBIOTICS OF THE PRODUCTS SOLD OR PROVIDED BY ORACLE PURSUANT TO SYNBIOTICS, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTHING CONTAINED IN THIS AGREEMENT (I) WILL BE ERROR-FREESECTION SHALL IN ANYWAY LIMIT THE SCOPE OF KPL'S INDEMNIFICATION OBLIGATION, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE AS SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSSECTION 2.9 HEREOF.

Disclaimers. Limitation of Liability THE ACQUISITION OF TOKENS UNDER THIS AGREEMENT, THE USE OF TOKENS AND THE PLATFORM ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ACQUISITION OF TOKEN UNDER THIS AGREEMENT, AND THE PLATFORM INCLUDING ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE PROHIBITED BY LAW, THE SUITECLOUD TECHNOLOGIESCOMPANY, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, AFFILIATES AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT ASSOCIATES DO NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), RESULTING FROM ANY WARRANTY OF ANY KIND. ANY EXPRESS USE OF, OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOINABILITY TO USE TOKENS, THE IMPLIED WARRANTIES PLATFORM OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES OR CONTENT ON THE PLATFORM, AS WELL AS FROM ACQUIRING OF MERCHANTABILITYTOKENS, FITNESS FOR A PARTICULAR PURPOSEREGARDLESS OF THE BASIS, TITLEUPON WHICH THE LIABILITY IS CLAIMED. BUYER ASSUMES ALL RISK OF LOSS RESULTING FROM, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, CONCERNING OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE ASSOCIATED WITH RISKS SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USERTHIS AGREEMENT, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WHICH ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED INCORPORATED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSREFERENCE INTO THIS AGREEMENT.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXCEPT AS OTHERWISE SPECIFIED ABOVE AND AS FAR AS LEGALLY ALLOWED, THE SUITECLOUD TECHNOLOGIESTECHNICAL DOCUMENTATION, LICENSED SDKS AND DEVELOPED ALL INTELLECTUAL PROPERTY PROVIDED MADE AVAILABLE AND/OR LICENSED BY ORACLE PURSUANT TO X-RITE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED X-RITE DISCLAIMS ALL WARRANTIES, INCLUDINGDUTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO SUCH TECHNICAL DOCUMENTATION, LICENSED SDKS AND INTELLECTUAL PROPERTY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED TO ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON. X-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE RITE DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIESFUNCTIONS CONTAINED IN THE LICENSED SDK, DEVELOPED PROPERTY DEVELOPED BY ORACLEWILL MEET YOUR REQUIREMENTS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THAT THE OPERATION OF THE LICENSED SDK WILL BE UNINTERRUPTED OR ERROR-FREE, (II) OR THAT DEFECTS IN THE LICENSED SDK WILL OR CAN BE FREE CORRECTED. FURTHERMORE, X-RITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDINGLICENSED SDK IN TERMS OF THEIR CORRECTNESS, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATIONACCURACY, USERELIABILITY, OR REMOVAL OF SUCH MATERIALSOTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES NO ORAL OR THE EXCLUSION WRITTEN INFORMATION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME ADVICE GIVEN BY X-RITE OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, X-RITE'S AUTHORIZED REPRESENTATIVE OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSANY REPRESENTATION MADE BY X-RITE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY.

Disclaimers. MIDOFFICE DOES NOT WARRANT THAT THE MIDOFFICE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE FULLEST RESULTS THAT MAY BE OBTAINED FROM USE OF THE MIDOFFICE PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT MIDOFFICE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY MIDOFFICE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. NOTWITHSTANDING ANYTHING HEREIN, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE MIDOFFICE IS NOT RESPONSIBLE OR LIABLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDPLATFORMS. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) CUSTOMER IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR TESTING ANY ON-PREM SOFTWARE BEFORE USING IT IN A LIVE ENVIRONMENT, THE PROTECTION OF ITS DATA AND INFORMATION THROUGH INSTALLATION OF THE MOST RECENT COMPUTER VIRUS DETECTION PROGRAMS, AND THE TIMELY CREATION OF BACK-UP COPIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MIDOFFICE DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT ANY ON- PREM SOFTWARE LICENSED WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, AND THE RESULTS OF USING THE ON-PREM SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS. MIDOFFICE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT (INCLUDING FOR LOSS OR CORRUPTION OF DATA), OR RESPONSIBLE FOR RESTORATION OF SUCH DATA, IN EACH CASE TO THE EXTENT SUCH DAMAGE RESULTS FROM THE INSTALLATION, USE, OR REMOVAL CUSTOMER’S INSUFFICIENT TESTING OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY ANY ON-PREM SOFTWARE PRIOR TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSDEPLOYMENT IN A LIVE ENVIRONMENT.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED The Product is offered for sale on an “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KINDbasis. ANY The Product has not been approved by the U.S. Food and Drug Administration or any other federal, state or local agency. The Product not been tested for use. NEDERMAN MIKROPUL MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE OR OTHERWISE WITH RESPECT TO THE PRODUCT, AND NEDERMAN MIKROPUL DISCLAIMS ANY AND ALL IMPLIED WARRANTIESOR STATUTORY WARRANTIES WITH RESPECT TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT NEDERMAN MIKROPUL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SUITECLOUD TECHNOLOGIESPRODUCT COMPLIES WITH APPLICABLE FEDERAL, DEVELOPED PROPERTY DEVELOPED BY ORACLESTATE OR LOCAL LAWS, RULES, REGULATIONS OR OTHER LEGAL REQUIREMENTS, INCLUDING BUT NOT LIMITED TO REQUIREMENTS AND STANDARDS OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, THE REGULATIONS OF THE U.S. FOOD AND DRUG ADMINISTRATION, CENTERS FOR DISEASE CONTROL AND PREVENTION, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTSTHE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KINDOTHER LEGISLATION OR GOVERNMENTAL RULES OR REGULATIONS. NEDERMAN MIKROPUL WILL NOT BE LIABLE FOR DAMAGES OF ANY EXPRESS OR IMPLIED WARRANTIESKIND ARISING FROM THE USE OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE IMPLIED WARRANTIES PRODUCT REGARDLESS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS (I) WHETHER SUCH DAMAGES WERE FORESEEABLE; (II) WHETHER OR DATA OBTAINED THROUGH THE USE NOT BUYER WAS ADVISED OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL POSSIBILITY OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES DAMAGES; AND (III) THE LEGAL OR THE EXCLUSION EQUITABLE THEORY (CONTRACT, TORT OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSOTHERWISE) UPON WHICH SUCH CLAIM WAS BASED.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER ----------- CONTAINED IN SECTION 4(a) ABOVE ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PROPERTIES SHALL BE CONVEYED PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” HERETO WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESREPRESENTATION WHETHER EXPRESS, INCLUDINGIMPLIED, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, RELATING TO TITLE TO THE IMPLIED WARRANTIES OF MERCHANTABILITYPROPERTIES OR RELATING TO THE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, AND NON-INFRINGEMENT AND, EXCEPT AS PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDTHIS PARAGRAPH, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLEBUYER SHALL HAVE INSPECTED, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT WAIVED (AND UPON CLOSING SHALL BE DEEMED TO THIS AGREEMENT (IHAVE WAIVED) WILL BE ERROR-FREEITS RIGHT TO INSPECT, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSTHE PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, (III) WILL MEET ANY USER REQUIREMENTSBOTH SURFACE AND SUBSURFACE, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, INCLUDING BUT NOT LIMITED TOTO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS ("NORM"). BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEPROPERTIES, AND NON-INFRINGEMENT BUYER SHALL, EXCEPT AS PROVIDED OTHERWISE HEREIN, ACCEPT ALL OF THIRD PARTY RIGHTS THE SAME IN THEIR "AS IS, WHERE IS" CONDITION. ALSO WITHOUT LIMITATION OF THE FOREGOING, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATIVE TO PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTIES OR ANY OTHER MATTERS CONTAINED IN THE PROPRIETARY DATA OR ANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE HEREBY EXPRESSLY PROVIDED BUYER AS A CONVENIENCE AND COMPLETELY DISCLAIMED. USER UNDERSTANDS SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER AND AGREES THAT USE OF MATERIALS ANY RELIANCE ON OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED SAME SHALL BE AT BUYER'S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSLAW.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIESEXPRESS REPRESENTATIONS AND WARRANTI ES OF SELLER CONTAINED IN THIS AGREEMENT, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY THE SPECIAL WARRANTY OF TITLE IN THE ASSIGNMENT, ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATI ONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SELLER EXPRESSLY DISCLAIMS ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESAND ALL SUCH OTHER REPRESENTATIONS AND WARRANTI ES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION AS THE CONDITION, THE IMPLIED WARRANTIES OF MERCHANTABILITYQUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, TITLEAND, AND NON-INFRINGEMENT WITHOUT ANY EXPRESS, IMPLIED OR OTHER WARRANTY OR REPRESENTATION AS TO THE QUALITY OR QUANTITY OF THIRD PARTY HYDROCARBONS ATTRIBUTABLE TO THE ASSETS OR THE ABILITY OF THE ASSETS TO PRODUCE HYDROCARBONS. WITHOUT LIMITATION OF BUYER'S RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIESTO ASSERT DEFECTS AS PROVIDED HEREIN, DEVELOPED PROPERTY DEVELOPED BY ORACLEBUYER SHALL HAVE INSPECTED, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT WAIVED (AND UPON CLOSING SHALL BE DEEMED TO THIS AGREEMENT (IHAVE WAIVED) WILL BE ERROR-FREEITS RIGHT TO INSPECT THE PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER BOTH SURFACE AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, SUBSURFACINCLUDING BUT NOT LIMITED TOTO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS. BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEPROPERTIES, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR BUYER SHALL ACCEPT ALL OF THE ABOVE DISCLAIMERSSAME IN THEIR "AS IS", EXCLUSIONS"WHERE IS", CONDITION. ALL DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR LIMITATIONS MAY NOT APPLY ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO USERBUYER ARE PROVIDED BUYER AS A CONVENIENCE, AND USER MAY HAVE ADDITIONAL RIGHTSSELLER MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF SUCH INFORMATION, WHICH SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER.

Disclaimers. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWSITE AND SITE MATERIALS ARE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SUITECLOUD TECHNOLOGIESSITE (INCLUDING ALL SITE MATERIALS, THIRD-PARTY CONTENT, AND DEVELOPED PROPERTY ALL PRODUCTS AND SERVICES PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ON OR THROUGH THE SITE) ARE PROVIDED “ON AN "AS IS” " AND “AN "AS AVAILABLE” WITHOUT " BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CONSTELLATION, COMPANY, THEIR RESPECTIVE AFFILIATES, AND ALL OF THEIR RESPECTIVE SUPPLIERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY WARRANTY OF ANY KIND. ANY EXPRESS REPRESENTATIONS OR IMPLIED WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, OR STATUTORY, REGARDING (A) THE SITE; (B) ANY LINKS, INFORMATION, AND MATERIALS ON THE SITE (INCLUDING SITE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT); AND (C) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. ORACLE DOES NOT REPRESENT NEITHER COMPANY NOR CONSTELLATION IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. NEITHER COMPANY NOR CONSTELLATION MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLESITE WILL MEET YOUR REQUIREMENTS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT THAT YOUR ACCESS TO THIS AGREEMENT (I) AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) WILL BE FREE OF VIRUSES VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) OTHERWISE WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTSSECURE. ORACLE CONSTELLATION IS NOT RESPONSIBLE MERELY A SERVICE PROVIDER TO COMPANY, AND IN NO EVENT SHALL CONSTELLATION BE LIABLE TO USER FOR DEVELOPED PROPERTY ANY OF THE PRODUCTS, SERVICES, CONTENT OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS INFORMATION PROVIDED THROUGH THE SITE OR OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR ON BEHALF OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECOMPANY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDCONSTELLATION MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESWARRANTIES. IF THESE LAWS APPLY TO USERACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS EXCLUSIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSYOU.

Disclaimers. EXCEPT AS SPECIFICALLY PROVIDED FOR IN THIS SECTION 7, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE PERMITTED BY LAW, THE SUITECLOUD TECHNOLOGIESEACH PARTY HEREBY DISCLAIMS (FOR ITSELF, ITS AFFILIATES AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” THEIR SUPPLIERS) ALL REPRESENTATIONS AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDINGORAL OR WRITTEN, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, THE ALL IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, TITLECOURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT HUBTYPE MAKES NO WARRANTY THAT THE SUITECLOUD TECHNOLOGIESSERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, DEVELOPED PROPERTY DEVELOPED BY ORACLE, ERROR-FREE OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO BUG-FREE. CUSTOMER ACKNOWLEDGES THAT HUBTYPE’S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT IS DEPENDENT ON: (I) WILL BE ERROR-FREE, CUSTOMER HAVING TAKEN ALL STEPS NECESSARY TO ENABLE THE INTEROPERABILITY BETWEEN THE HUBTYPE PLATFORM AND ANY APPLICABLE INTEGRATED PRODUCT (THROUGH USE OF THE HUBTYPE API); AND (II) WILL BE FREE ACCESS TO SERVICES, SOFTWARE OR SYSTEMS OF VIRUSES THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS OF ALL APPLICABLE THIRD PARTY MESSAGING PLATFORMS AND INTEGRATED PRODUCTS) AND DATA STORED OR OTHER HARMFUL COMPONENTSMAINTAINED THEREON (COLLECTIVELY, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTSTHE “EXTERNAL DEPENDENCIES”). ORACLE HUBTYPE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH ANY EXTERNAL DEPENDENCIES AND WILL HAVE NO LIABILITY IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY RESPECT OF ANY KIND. INTERFERENCE WITH CUSTOMER’S USE, CHAT PARTICIPANT’S USE, CUSTOMER’S CLIENT’S USE OR ANY EXPRESS ADMINISTRATIVE USER’S USE OF OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ACCESS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEHUBTYPE SOLUTION OR SECURITY OR PRIVACY BREACHES ARISING FROM OR ATTRIBUTABLE TO ANY EXTERNAL DEPENDENCIES, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY CUSTOMER WAIVES ANY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSCLAIMS AGAINST HUBTYPE IN CONNECTION THEREWITH.

Disclaimers. EXCEPT AS EXPRESSLY REPRESENTED OTHERWISE IN THIS ARTICLE 3 AND IN THE CONVEYANCE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, AS TO (I) THE CONTENTS, CHARACTER OR NATURE OF ANY DESCRIPTIVE MEMORANDUM, OR ANY REPORT OF ANY PETROLEUM ENGINEERING CONSULTANT, OR ANY GEOLOGICAL OR SEISMIC DATA OR INTERPRETATION, RELATING TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWASSETS, (II) THE SUITECLOUD TECHNOLOGIESQUANTITY, QUALITY OR RECOVERABILITY OF HYDROCARBONS IN OR FROM THE ASSETS, (III) ANY ESTIMATES OF THE VALUE OF THE ASSETS OR FUTURE REVENUES GENERATED BY THE ASSETS, OR (IV) THE MAINTENANCE, REPAIR, CONDITION, QUALITY, SUITABILITY, DESIGN OR MARKETABILITY OF THE ASSETS, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT FURTHER DISCLAIMS ANY WARRANTY OF ANY KIND. ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY EQUIPMENT, TITLEIT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT PURCHASER SHALL BE DEEMED TO BE OBTAINING EQUIPMENT AND OTHER TANGIBLE PROPERTY IN ITS PRESENT STATUS, CONDITION AND NON-INFRINGEMENT STATE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIESREPAIR, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “WHERE IS” WITH ALL FAULTS AND THAT PURCHASER HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSPURCHASER DEEMS APPROPRIATE.

Disclaimers. The express remedies set forth in these Terms will constitute Client’s exclusive remedies, and SimplePowerIT’s sole obligation and liability, for any claim (a) that a Service or deliverable provided hereunder does not conform to specifications or is otherwise defective, or (b) that the Services were performed improperly. EXCEPT FOR THE WARRANTIES MADE BY SIMPLEPOWERIT IN SECTION 10, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CLIENT, THE SERVICES AND DELIVERABLES ARE PROVIDED STRICTLY “AS-IS.” SIMPLEPOWERIT DOES NOT MAKE ANY ADDITIONAL WARRANTIES, EXPRESSED, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWDELIVERABLES OR SERVICES PROVIDED HEREUNDER, OR ANY MATTER WHATSOEVER. THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. ORACLE SIMPLEPOWERIT DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIESSERVICES OR ANY DELIVERABLES WILL MEET ANY OF CLIENT REQUIREMENTS NOT SET FORTH HEREIN, DEVELOPED PROPERTY DEVELOPED BY ORACLETHAT ANY DELIVERABLES WILL OPERATE IN THE COMBINATIONS THAT CLIENT MAY SELECT FOR USE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THAT THE OPERATION OF ANY DELIVERABLES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (II) OR THAT ALL ERRORS WILL BE FREE CORRECTED. IF PRE-PRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF VIRUSES OR OTHER HARMFUL COMPONENTSSOFTWARE ARE PROVIDED TO CLIENT, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS COPIES ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESNo statement by any SimplePowerIT employee or agent, INCLUDINGorally or in writing, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSwill serve to create any warranty or obligation not set forth herein or to otherwise modify these Terms in any way whatsoever.

Disclaimers. [A] Generally Although not an entirely settled question, courts generally treat software as a good that is subject to the Uniform Commercial Code.8 Therefore, vendors should include U.C.C.-type warranty disclaimers. Customer’s counsel should read these carefully and confirm they are appropriate for customer ’s intended use. If properly drafted by the vendor’s counsel, these provisions should not require much negotiation. The following is language from a vendor form: EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION [ ], WHICH ARE LIMITED WARRANTIES AND THE ONLY WAR- RANTIES PROVIDED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWCUSTOMER, THE SUITECLOUD TECHNOLOGIES, SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ANY SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT NEITHER VENDOR NOR ITS LICENSORS MAKE ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED ADDITIONAL WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY SOFTWARE OR SERVICES PROVIDED HEREUNDER. THE PARTIES HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSESATISFACTORY QUAL- ITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. USER UNDERSTANDS AND AGREES NEITHER VENDOR NOR ITS LICENSORS WARRANT THAT USE OF MATERIALS THE SOFTWARE OR DATA OBTAINED THROUGH ANY SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SET FORTH HEREIN, THAT THE USE SOFT- XXXX WILL OPERATE IN THE COMBINATIONS THAT CUSTOM- ER MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER SOFTWARE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USEUNINTERRUPTED OR ERROR-FREE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESTHAT ALL ERRORS WILL BE CORRECTED. IF THESE LAWS APPLY PREPRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF SOFTWARE ARE PRO- VIDED TO USERCUSTOMER, SOME OR ALL SUCH COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.ANY KIND. [B] Title and Noninfringement In addition to disclaiming the implied warranties of merchant- ability and fitness for a particular purpose,9 the prudent vendor should include in its disclaimers the implied warranties of title and non-infringement that arise under U.C.C. section 2-312.10 This dis- claimer is particularly appropriate when the agreement already contains

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWTRIAL SERVICES, THE SUITECLOUD TECHNOLOGIESDELIVERABLES, CONTENT AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT OTHER DMETRICS TECHNOLOGY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY DMETRICS MAKES NO WARRANTIES OF ANY KIND. ANY EXPRESS KIND WITH RESPECT TO THEM, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DMETRICS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR THE USAGE OF TRADE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ORACLE DMETRICS DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIESTRIAL SERVICES, DEVELOPED PROPERTY DEVELOPED BY ORACLEDELIVERABLES, CONTENT AND OTHER DMETRICS TECHNOLOGY ARE OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER CUSTOMER’S REQUIREMENTS, OR (IV) BE TIMELY OR SECURE. CUSTOMER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF DMETRICS TO ANY THIRD PARTY. DMETRICS’ TRIAL SERVICES, DELIVERABLES, CONTENT AND OTHER DMETRICS TECHNOLOGY MAY BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTSSUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ORACLE DMETRICS IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY DELAYS, DELIVERY FAILURES, OR OTHER MATERIALS DEVELOPED DAMAGE RESULTING FROM SUCH PROBLEMS NOT CAUSED DIRECTLY BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSDMETRICS.

Disclaimers. 7.1 In addition to any other warranties and/or disclaimers contained in this Agreement, you agree to the disclaimers in this clause 7.1 which apply directly between you and Donuts:  (a) DONUTS WARRANTS THAT IT WILL PROVIDE THE DPML SERVICE WITH REASONABLE CARE AND SKILL  (b) DONUTS DOES NOT WARRANT UNINTERRUPTED, SECURE OR ERROR‐FREE OPERATION OF THE DPML SERVICE, OR THAT IT WILL BE ABLE TO PREVENT THIRD PARTY DISRUPTIONS OF THE FULLEST EXTENT PERMISSIBLE PURSUANT DPML SERVICE OR RELATED SERVICES OR THAT IT WILL CORRECT ALL DEFECTS.  (c) SUBJECT TO APPLICABLE LAWANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, THE SUITECLOUD TECHNOLOGIESDONUTS MAKES NO WARRANTIES OR CONDITIONS, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESIMPLIED, REGARDING THE DPML SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, PURPOSE OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF NON-INFRINGEMENT.  (d) YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DONUTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS OR AGENTS WILL CREATE A WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, KIND WITH RESPECT TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEDPML SERVICE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDYOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH  (e) THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS FOREGOING DISCLAIMERS CONTAINED IN THIS CLAUSE 7.1 SHALL APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USERFULLEST EXTENT PERMITTED BY LAW, AND USER MAY HAVE ADDITIONAL RIGHTSSHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 18, THE BRIGHTCLOUD SERVICE, CLASSIFICATIONS, AND DOCUMENTATION, ARE EACH PROVIDED “AS IS” AND WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WEBROOT DOES NOT AND CANNOT WARRANT THAT ANY CLASSIFICATION IS COMPLETE, ACCURATE, OR CURRENT. IN ADDITION, THE COMPONENTS, ALGORITHMS, AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR ANY CLASSIFICATION ARE FREQUENTLY CHANGING AND WEBROOT DOES NOT WARRANT THAT ANY CLASSIFICATIONS ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWBRIGHTCLOUD SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED, THE SUITECLOUD MEET PARTNER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, MATERIALS OR OTHER MATTER (INCLUDING ANY SOFTWARE, HARDWARE, FIRMWARE, SYSTEM OR NETWORK), OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE. ALL OPEN-SOURCE SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, OF THEM IS STRICTLY BETWEEN END USER AND THE IMPLIED WARRANTIES THIRD-PARTY COPYRIGHT OWNER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, SUCH OPEN- SOURCE SOFTWARE OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERRORTHIRD-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE CHINA AND ITS AFFILIATE(S) PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE CHINA DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO IN THE EVENT THAT APPLICABLE LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. DAMAGES AND IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. TO DEALER EXPRESSLY UNDERSTANDS AND AGREES THAT, DEALER'S USE OF THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWSERVICES AND THE PROVIDED CONTENT IS AT DEALER'S SOLE RISK AND ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, SHIFT DIGITAL, H-D, THE SUITECLOUD TECHNOLOGIESSERVICE PROVIDERS AND THEIR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO DEALER THAT: (A) DEALER'S USE OF THE SERVICES OR THE PROVIDED CONTENT WILL MEET DEALER'S REQUIREMENTS, OR (B) DEALER'S USE OF THE SERVICES OR PROVIDED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ANY PROVIDED CONTENT, IS DONE AT DEALER'S OWN DISCRETION AND DEVELOPED PROPERTY RISK AND THAT DEALER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEALER'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DEALER DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEALER FROM SHIFT DIGITAL, ANY SERVICE PROVIDER OR H-D, OR THROUGH OR FROM THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY. EXCEPT AS EXPRESSLY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” HEREIN, SHIFT DIGITAL, H-D AND “AS AVAILABLE” WITHOUT ANY WARRANTY EACH SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND. ANY , WHETHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, WITH RESPECT TO THE SERVICES AND THE PROVIDED CONTENT INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSINFRINGEMENT.

Disclaimers. The express remedies set forth in these Terms will constitute Client’s exclusive remedies, and IGLOO’s sole obligation and liability, for any claim (a) that a Service or deliverable provided hereunder does not conform to specifications or is otherwise defective, or (b) that the Services were performed improperly. EXCEPT FOR THE WARRANTIES MADE BY IGLOO IN SECTION 10, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CLIENT, THE SERVICES AND DELIVERABLES ARE PROVIDED STRICTLY “AS-IS.” IGLOO DOES NOT MAKE ANY ADDITIONAL WARRANTIES, EXPRESSED, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWDELIVERABLES OR SERVICES PROVIDED HEREUNDER, OR ANY MATTER WHATSOEVER. THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY. MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. ORACLE IGLOO DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIESSERVICES OR ANY DELIVERABLES WILL MEET ANY OF CLIENT REQUIREMENTS NOT SET FORTH HEREIN, DEVELOPED PROPERTY DEVELOPED BY ORACLETHAT ANY DELIVERABLES WILL OPERATE IN THE COMBINATIONS THAT CLIENT MAY SELECT FOR USE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THAT THE OPERATION OF ANY DELIVERABLES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (II) OR THAT ALL ERRORS WILL BE FREE CORRECTED. IF PRE-PRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF VIRUSES OR OTHER HARMFUL COMPONENTSSOFTWARE ARE PROVIDED TO CLIENT, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS COPIES ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESNo statement by any IGLOO employee or agent, INCLUDINGorally or in writing, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSwill serve to create any warranty or obligation not set forth herein or to otherwise modify these Terms in any way whatsoever.

Disclaimers. THE FOREGOING WARRANTIES DO NOT APPLY IF THE PRODUCT (i) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH FORCE10’S INSTRUCTIONS, (ii) HAS BEEN MISHANDLED, MISTREATED, USED OR MAINTAINED OR STORED OTHER THAN IN CONFORMITY WITH FORCE10’S APPLICABLE PRODUCT SPECIFICATIONS, (iii) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, ENVIRONMENT, NEGLIGENCE, ACT OF GOD, OR ACCIDENT. ANY PRODUCT SOLD OR, IN THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWCASE OF SOFTWARE, THE SUITECLOUD TECHNOLOGIESLICENSED, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE FOR BETA, EVALUATION, TESTING, OR DEMONSTRATION PURPOSES FOR WHICH FORCE10 DOES NOT RECEIVE A PAYMENT OF PURCHASE PRICE OR LICENSE FEE IS PROVIDED “AS IS” WITH NO WARRANTY AND “SHALL ONLY BE USED FOR TESTING OR EVALUATION, AS AVAILABLE” WITHOUT ANY WARRANTY AUTHORIZED BY FORCE10, AND NOT USED FOR PRODUCTION ENVIRONMENTS OR USE. THE WARRANTIES AND DISCLAIMERS ABOVE CONSTITUTE FORCE10 AND ITS AUTHORIZED RESELLERS, SUPPLIERS AND LICENSORS SOLE AND EXCLUSIVE LIABILITY HEREUNDER AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE OR NONCONFORMING ITEMS AND IS IN LIEU OF ANY KIND. ANY EXPRESS OR IMPLIED ALL OTHER WARRANTIES, INCLUDINGEXPRESSED, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY, AND PERFORMANCE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, SUCH LIMITATIONS OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS EXCLUSIONS MAY NOT APPLY TO USER, CUSTOMER IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN NO EVENT SHALL FORCE10’S LIABILITY UNDER THIS WARRANTY EXCEED THE COST OF REPAIR OR REPLACEMENT OF SUCH DEFECTIVE ITEM. THIS DISCLAIMER AND USER MAY EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THIRD PARTY SOURCES PROVIDE NO WARRANTIES AND SHALL HAVE ADDITIONAL RIGHTSNO LIABILITY WHATSOEVER IN RESPECT OF CUSTOMER’S POSSESSION AND/OR USE OF THIRD PARTY SOFTWARE.

Disclaimers. Each Party hereto acknowledges and agrees that the Licensed Marks and any other information or materials licensed, made available or provided to Partner by FIT60 hereunder are licensed or provided on an “as is” basis. EXCEPT AS EXPRESSLY DESCRIBED IN THIS AGREEMENT, FIT60 DOES NOT MAKE ANYWARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING, OR USAGE OF TRADE, OR STATUTORY, AS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWLICENSED MARKS, THE SUITECLOUD TECHNOLOGIESLICENSED SERVICES, OR ANY MATTER WHATSOEVER. EXCEPT AS EXPRESSLY DESCRIBED IN THIS SECTION, ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLYEXCLUDED BYFIT60. PARTNER SHALL NOT HAVE THE RIGHT TO THIS AGREEMENT ARE PROVIDED “AS IS” MAKE OR PASS ON, AND “AS AVAILABLE” WITHOUT SHALLTAKE ALLMEASURES NECESSARYTO ENSURE THAT NEITHER PARTNER NOR ANY WARRANTY OF ANY KIND. ITS AGENTS OR EMPLOYEES SHALL PASS ON, ANY EXPRESS OR IMPLIED WARRANTIESWARRANTY ON BEHALF OF FIT60 TO ANY THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE FIT60 DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIESENSURE CONTINUOUS, DEVELOPED PROPERTY DEVELOPED BY ORACLEERROR- FREE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERRORBUG-FREE, (II) WILL BE SECURE OR VIRUS-FREE OPERATION OF VIRUSES ANYFIT60 WEBSITE OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTSPART OR FEATURE THEREOF, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY CONTINUED OPERATION, OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY AVAILABILITY OF ANY KIND. ANY EXPRESS GIVEN FIT60 CERTIFICATION, SEMINAR, OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOTRAINING PROGRAM, THE IMPLIED WARRANTIES PARTNER PROGRAM, OR ANYFEATURE OR PART THEREOF. THE SUCCESS OF MERCHANTABILITYFIT60, FITNESS FOR A PARTICULAR PURPOSETHE FIT60 PARTNER PROGRAM, TITLE, THE LICENSED SERVICES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDTHE LICENSED MARKS DEPENDS ON NUMEROUS FACTORS BEYOND FIT60’S CONTROL. USER UNDERSTANDS PARTNER THEREFORE ACKNOWLEDGES AND AGREES THAT USE OF MATERIALS THE FIT60 PROGRAM, LICENSED SERVICES, AND LICENSED MARKS ARE SPECULATIVE. FIT60 DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES AS TO THE PROFITS, REVENUES, OR DATA OBTAINED THROUGH POTENTIAL SUCCESS OF ANYFIT60 PROGRAM, LICENSED SERVICES, LICENSED MARKS, OR PARTNER PROGRAM OR BUSINESS, AND NO LIABILITYSHALL BE IMPOSED UPON FIT60 BASED ON ANYCLAIM THAT: (I) MORE SALES, RECEIPTS OR REVENUE COULD HAVE BEEN MADE OR EARNED; AND/ OR (II) BETTER PRICES OR TERMS COULD HAVE BEEN OBTAINED. FIT60 IS NOT OBLIGATED TO CONTINUE THE MARKETING, ADVERTISING, PROMOTION, SALE, LICENSE, OPERATION, SUPPORT, OR USE OF THE FIT60 WEBSITES, FITNESS PROGRAM, LICENSED SERVICES, LICENSED MARKS, PARTNER PROGRAM, CERTIFICATIONS, SEMINARS, COURSES, FIT60 GAMES, OR OTHER FITNESS OR SPORT RELATED EVENTS, SUBJECT MATTER EXPERT PROGRAM OR SEMINARS, RADIO PROGRAM, FIT60 JOURNAL, OR CONTINUE THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL PARTICULAR ELEMENT OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL ANY OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSFOREGOING.

Disclaimers. PURCHASER ACKNOWLEDGES AND AGREES THAT THE PREMISES HAVE BEEN SOLD AND CONVEYED TO PURCHASER AND PURCHASER HAS ACCEPTED THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED PREMISES “AS IS” , WHERE IS, WITH ALL FAULTS”. EXCEPT FOR THE REPRESENTATIONS AND “AS AVAILABLE” WITHOUT ANY WARRANTIES SET FORTH IN SECTION 5.1 OF THE PURCHASE AGREEMENT, THE LIMITED WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED FROM SELLER TO PURCHASER, AND IN ANY KIND. DOCUMENT EXECUTED BY SELLER AT THE CLOSING, SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED IMPLIED, WITH RESPECT TO THE PREMISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE OR ANY OTHER DISCLAIMER SET FORTH HEREIN, SELLER AND PURCHASER HEREBY AGREE THAT SELLER HAS NOT MADE AND IS NOT MAKING ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO (A) THE NATURE OR CONDITION, PHYSICAL OR OTHERWISE, OF THE PREMISES OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, (B) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN OR ENGINEERING OF THE IMPROVEMENTS OR THE STATE OF REPAIR OR LACK OR REPAIR OF ANY OF THE IMPROVEMENTS, (C) THE QUALITY OF THE LABOR OR MATERIALS INCLUDED IN THE IMPROVEMENTS, (D) THE SOIL CONDITIONS, DRAINAGE CONDITIONS, TOPOGRAPHICAL FEATURES, ACCESS TO PUBLIC RIGHTS-OF-WAY, AVAILABILITY OF UTILITIES OR OTHER CONDITIONS OR CIRCUMSTANCES WHICH AFFECT OR MAY AFFECT THE PREMISES OR ANY USE TO WHICH PURCHASER MAY PUT THE PREMISES, (E) ANY CONDITIONS AT OR WHICH AFFECT OR MAY AFFECT THE PREMISES WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL OR OTHERWISE, (F) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, CASH FLOW, EXPENSES, VALUE, MAKE, MODEL, COMPOSITION, AUTHENTICITY OR AMOUNT OF THE PREMISES OR ANY PART THEREOF, (G) EXCEPT FOR THE LIMITED WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED, THE NATURE OR EXTENT OF TITLE TO THE PREMISES, OR ANY EASEMENT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONTRACT, CONDITION OR OTHERWISE THAT MAY AFFECT TITLE TO THE PREMISES, (I) ANY ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW OR HEREAFTER AFFECTING IN ANY MANNER THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES ABSENCE OF MERCHANTABILITYASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCE ON, FITNESS FOR A PARTICULAR PURPOSEIN, TITLEUNDER OR ADJACENT TO THE PREMISES, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE THE COMPLIANCE OF VIRUSES THE PREMISES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET THE OPERATION OR USE OF THE PREMISES WITH ANY USER REQUIREMENTSAPPLICABLE RESTRICTIVE COVENANTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY WITH ANY LAWS, ORDINANCES OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY REGULATIONS OF ANY KINDGOVERNMENTAL BODY (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, ANY ZONING LAWS OR REGULATIONS, ANY BUILDING CODES, ANY ENVIRONMENTAL LAWS, AND THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. 12101 ET SEQ. ANY EXPRESS OR IMPLIED WARRANTIESUPON CLOSING, INCLUDINGPURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES VIOLATIONS OF MERCHANTABILITYANY APPLICABLE LAWS, FITNESS FOR A PARTICULAR PURPOSE, TITLECONSTRUCTION DEFECTS, AND NON-INFRINGEMENT ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND COMPLETELY DISCLAIMEDEXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING ANY ENVIRONMENTAL LAWS), CONSTRUCTION DEFECTS, PHYSICAL CONDITIONS, AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PREMISES. USER UNDERSTANDS AND PURCHASER AGREES THAT USE OF MATERIALS SHOULD ANY WORK BE REQUIRED TO PUT THE PREMISES IN COMPLIANCE WITH ANY APPLICABLE LAWS, OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDINGSHOULD ANY CLEANUP, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, REMEDIATION OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION PREMISES BE REQUIRED UNDER APPLICABLE LAW AFTER THE DATE OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL CLOSING DURING PURCHASER’S OWNERSHIP OF THE ABOVE DISCLAIMERSPREMISES, EXCLUSIONSSUCH WORK, CLEAN-UP, REMOVAL OR LIMITATIONS MAY NOT APPLY TO USER, REMEDIATION SHALL BE THE RESPONSIBILITY OF AND USER MAY HAVE ADDITIONAL RIGHTSSHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER.

Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ALL WARRANTIES WHATSOEVER, WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWINTELLECTUAL PROPERTY, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WARRANTIES AS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEVALIDITY OF PATENT CLAIMS (ISSUED OR PENDING), AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT OR THAT THE SUITECLOUD TECHNOLOGIESMANUFACTURE, DEVELOPED USE OR SALE OF THE LICENSED PRODUCT(S) AND USE OF THE INTELLECTUAL PROPERTY DEVELOPED BY ORACLEWILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL RIGHTS. IN NO EVENT SHALL EITHER PARTY BE ERROR-FREELIABLE FOR ANY SPECIAL, (II) WILL BE FREE OF VIRUSES INDIRECT, INCIDENTAL. OR OTHER HARMFUL COMPONENTSCONSEQUENTIAL LOSSES OR DAMAGES, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED EVEN IF SUCH ITEMS CONTAIN DEFECTSPARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED LICENSEE TAKES THE INTELLECTUAL PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, “AS-IS,” “WITH ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS ISFAULTS,” AND “AS AVAILABLEWITH ALL DEFECTS” WITHOUT AND EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST LICENSOR FOR WARRANTY OF ANY KINDKIND RELATING TO THE INTELLECTUAL PROPERTY SUBJECT TO THE REPRESENTATIONS MADE HEREIN. IN NO CASE SHALL LICENSOR’S LIABILITY FOR DAMAGES OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, TYPE EXCEED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE TOTAL ROYALTIES WHICH HAVE ACTUALLY BEEN PAID TO LICENSOR BY LICENSEE AS OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL DATE OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL FILING OF THE ABOVE DISCLAIMERS, EXCLUSIONS, ACTION AGAINST LICENSOR WHICH RESULTS IN A SETTLEMENT OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSAWARD OF DAMAGES.

Disclaimers. THE WARRANTIES SET FORTH IN THIS MASTER AGREEMENT ARE IN LIEU OF, AND SIRSIDYNIX, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE PERMITTED BY LAW, THE SUITECLOUD TECHNOLOGIESALL OTHER WARRANTIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESIMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOWITHOUT 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) PRODUCTS WILL BE ACCURATE, RELIABLE AND ERROR-FREEFREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, (II) WILL BE FREE COURSE OF VIRUSES DEALING, COURSE OF PERFORMANCE OR OTHER HARMFUL COMPONENTSUSAGE OF TRADE. NO ADVICE, (III) WILL MEET ANY USER REQUIREMENTSSTATEMENT OR INFORMATION GIVEN BY SIRSIDYNIX, ITS AFFILIATES, CONTRACTORS OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY EMPLOYEES SHALL CREATE OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT CHANGE ANY WARRANTY OF ANY KINDPROVIDED HEREIN. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES CUSTOMER ACKNOWLEDGES THAT USE OF MATERIALS OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CUSTOMER DATA OBTAINED THROUGH AND THAT NO FORM OF ENCRYPTION IS FOOL PROOF. ACCORDINGLY, SIRSIDYNIX CANNOT AND DOES NOT GUARANTEE THE USE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSINTERNET.

Disclaimers. TO (a) EXCEPT FOR THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWSPECIAL WARRANTY OF TITLE CONTAINED HEREIN, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED PROPERTIES ARE BEING CONVEYED BY ORACLE PURSUANT ASSIGNOR TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” ASSIGNEE WITHOUT ANY WARRANTY OF ANY KIND. , EXPRESS, IMPLIED, STATUTORY, AT COMMON LAW OR OTHERWISE, AND THE PARTIES HEREBY EXPRESSLY DISCLAIM, WAIVE AND RELEASE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, CONDITION, SAFETY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEAND SUBJECT TO THE RETAINED LIABILITIES OF ASSIGNOR, AND NON-INFRINGEMENT IS ANY, ASSIGNEE ACCEPTS THE PHYSICAL CONDITION OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED PROPERTIES “AS IS, WHERE IS, AND WITH ALL FAULTS” CONDITION AND “AS AVAILABLE” WITHOUT STATE OF REPAIR. EXCEPT TO THE EXTENT OF ASSIGNOR’S RETAINED LIABILITIES, ASSIGNOR SHALL HAVE NO LIABILITY TO ASSIGNEE FOR ANY WARRANTY CLAIMS CAUSED OR ALLEGED TO BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY, BY THE DESCRIPTIONS OF THE PROPERTIES, BY ANY KINDINADEQUACY THEREOF OR THEREWITH, ARISING IN STRICT LIABILITY OR OTHERWISE, OR IN ANY WAY ARISING OUT OF ASSIGNEE’S PURCHASE THEREOF. ANY EXPRESS OR IMPLIED WARRANTIESTHE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT, INCLUDING, BUT NOT LIMITED TOTO THE EXTENT REQUIRED BY APPLICABLE LAW, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS DISCLAIMERS CONTAINED IN THIS ASSIGNMENT ARE “CONSPICUOUS” FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL PURPOSES OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSAPPLICABLE LAW.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWEXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS SECTION 3 ABOVE ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SELLER AND THE TRUSTEE EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE NPI SHALL BE CONVEYED PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” HERETO WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESREPRESENTATION, INCLUDINGWHETHER EXPRESS, BUT NOT LIMITED TOIMPLIED, STATUTORY OR OTHERWISE, RELATING TO TITLE TO THE IMPLIED WARRANTIES OF MERCHANTABILITYNPI, RELATING TO THE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, AND NON-INFRINGEMENT AND, EXCEPT AS PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDTHIS PARAGRAPH, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLEBUYER SHALL HAVE INSPECTED, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT WAIVED (AND UPON CLOSING SHALL BE DEEMED TO THIS AGREEMENT HAVE WAIVED) ITS RIGHT TO INSPECT, THE PROPERTIES OUT OF WHICH THE NPI WAS CREATED (ITHE "BURDENED INTERESTS") WILL BE ERROR-FREEFOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSBOTH SURFACE AND SUBSURFACE, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, INCLUDING BUT NOT LIMITED TOTO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, THE IMPLIED WARRANTIES RELEASE OR DISPOSAL OF MERCHANTABILITYHAZARDOUS SUBSTANCES, FITNESS FOR A PARTICULAR PURPOSESOLID WASTES, TITLEASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS ("NORM"). BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF SUCH PROPERTIES, AND NON-INFRINGEMENT BUYER SHALL ACCEPT THE CONDITION OF THIRD PARTY RIGHTS SUCH PROPERTIES, AND THE NPI, "AS IS" AND "WHERE IS." ALSO WITHOUT LIMITATION OF THE FOREGOING, SELLER AND THE TRUSTEE MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATIVE TO PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE NPI OR THE BURDENED INTERESTS OR THE ABILITY OR POTENTIAL OF THE SAME TO PRODUCE HYDROCARBONS OR THEIR ENVIRONMENTAL CONDITION OR ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE HEREBY EXPRESSLY PROVIDED BUYER AS A CONVENIENCE AND COMPLETELY DISCLAIMED. USER UNDERSTANDS SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER OR THE TRUSTEE AND AGREES THAT USE OF MATERIALS ANY RELIANCE ON OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED SAME SHALL BE AT BUYER'S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSLAW.

Disclaimers. PURCHASER ACKNOWLEDGES AND AGREES THAT THE PROPERTY HAS BEEN SOLD AND CONVEYED TO PURCHASER AND PURCHASER HAS ACCEPTED THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS, WHERE IS, WITH ALL FAULTS.” EXCEPT FOR THE REPRESENTATIONS AND “AS AVAILABLE” WITHOUT ANY WARRANTIES SET FORTH IN SECTION 5.1 OF THE PURCHASE AGREEMENT AND THE LIMITED WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED FROM SELLER TO PURCHASER, SELLER HEREBY EXPRESSLY DISCLAIMS ANY KIND. AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED IMPLIED, WITH RESPECT TO THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE OR ANY OTHER DISCLAIMER SET FORTH HEREIN, SELLER AND PURCHASER HEREBY AGREE THAT SELLER HAS NOT MADE AND IS NOT MAKING ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO (A) THE NATURE OR CONDITION, PHYSICAL OR OTHERWISE, OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, (B) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN OR ENGINEERING OF THE IMPROVEMENTS OR THE STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS, (C) THE QUALITY OF THE LABOR OR MATERIALS INCLUDED IN THE IMPROVEMENTS, (D) THE SOIL CONDITIONS, DRAINAGE CONDITIONS, TOPOGRAPHICAL FEATURES, ACCESS TO PUBLIC RIGHTS-OF-WAY, AVAILABILITY OF UTILITIES OR OTHER CONDITIONS OR CIRCUMSTANCES WHICH AFFECT OR MAY AFFECT THE PROPERTY OR ANY USE TO WHICH PURCHASER MAY PUT THE PROPERTY, (E) ANY CONDITIONS AT OR WHICH AFFECT OR MAY AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL OR OTHERWISE, (F) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, CASH FLOW, EXPENSES, VALUE, MAKE, MODEL, COMPOSITION, AUTHENTICITY OR AMOUNT OF THE PROPERTY OR ANY PART THEREOF, (G) EXCEPT FOR THE LIMITED WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED, THE NATURE OR EXTENT OF TITLE TO THE PROPERTY, OR ANY EASEMENT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONTRACT, CONDITION OR OTHERWISE THAT MAY AFFECT TITLE TO THE PROPERTY, (H) ANY ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW OR HEREAFTER AFFECTING IN ANY MANNER THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES ABSENCE OF MERCHANTABILITYASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCE ON, FITNESS FOR A PARTICULAR PURPOSEIN, TITLEUNDER OR ADJACENT TO THE PROPERTY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE THE COMPLIANCE OF VIRUSES THE PROPERTY OR OTHER HARMFUL COMPONENTS, (III) WILL MEET THE OPERATION OR USE OF THE PROPERTY WITH ANY USER REQUIREMENTSAPPLICABLE RESTRICTIVE COVENANTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY WITH ANY LAWS, ORDINANCES OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY REGULATIONS OF ANY KINDGOVERNMENTAL BODY (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, ANY ZONING LAWS OR REGULATIONS, ANY BUILDING CODES, ANY ENVIRONMENTAL LAWS, AND THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. 12101 ET SEQ, AND (J) ANY RENT ROLL CERTIFIED BY SELLER THAT IS PREPARED BY THE MANAGER OF THE PROPERTY TO THE EXTENT THAT THE INFORMATION CONTAINED IN SUCH RENT ROLL CONFLICTS WITH THE LEASES AND PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT PURCHASER HAS BEEN PROVIDED WITH COPIES OF ALL THE LEASES LISTED IN SCHEDULE 5.1(E) FOR REVIEW. ANY EXPRESS OR IMPLIED WARRANTIESUPON CLOSING, INCLUDINGPURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES VIOLATIONS OF MERCHANTABILITYANY APPLICABLE LAWS, FITNESS FOR A PARTICULAR PURPOSE, TITLECONSTRUCTION DEFECTS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY ADVERSE PHYSICAL AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDINGENVIRONMENTAL CONDITIONS, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USERHAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND USER MAY PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE ADDITIONAL RIGHTS.WAIVED, RELINQUISHED AND RELEASED SELLER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DLI-6478357v11 EXHIBIT 10.3 DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING ANY ENVIRONMENTAL LAWS), CONSTRUCTION DEFECTS, PHYSICAL CONDITIONS, AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. DLI-6478357v11 EXHIBIT 10.3

Disclaimers. The express remedies set forth in these Terms will constitute Client’s exclusive remedies, and Pacific Coast’s sole obligation and liability, for any claim (a) that a Service or deliverable provided hereunder does not conform to specifications or is otherwise defective, or (b) that the Services were performed improperly. EXCEPT FOR THE WARRANTIES MADE BY PACIFIC COAST IN SECTION 9, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CLIENT, THE SERVICES AND DELIVERABLES ARE PROVIDED STRICTLY “AS-IS.” PACIFIC COAST DOES NOT MAKE ANY ADDITIONAL WARRANTIES, EXPRESSED, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWDELIVERABLES OR SERVICES PROVIDED HEREUNDER, OR ANY MATTER WHATSOEVER. THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. ORACLE PACIFIC COAST DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIESSERVICES OR ANY DELIVERABLES WILL MEET ANY OF CLIENT REQUIREMENTS NOT SET FORTH HEREIN, DEVELOPED PROPERTY DEVELOPED BY ORACLETHAT ANY DELIVERABLES WILL OPERATE IN THE COMBINATIONS THAT CLIENT MAY SELECT FOR USE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) THAT THE OPERATION OF ANY DELIVERABLES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (II) OR THAT ALL ERRORS WILL BE FREE CORRECTED. IF PRE-PRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF VIRUSES OR OTHER HARMFUL COMPONENTSSOFTWARE ARE PROVIDED TO CLIENT, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS COPIES ARE PROVIDED “AS AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESNo statement by any Pacific Coast employee or agent, INCLUDINGorally or in writing, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSwill serve to create any warranty or obligation not set forth herein or to otherwise modify these Terms in any way whatsoever.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAW, : (A) THE SUITECLOUD TECHNOLOGIES, PROGRAM AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WARRANTIES OF ANY KIND. ANY , EITHER EXPRESS OR IMPLIED IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US GUN CLASS; (B) US GUN CLASS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AS TO THE PROGRAM, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE WARRANTIES SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USERTHIS AGREEMENT, ALL DEVELOPED PROPERTY PROVIDED US GUN CLASS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT YOU FROM US GUN CLASS FOR THE PROGRAM WILL CREATE ANY WARRANTY OF ANY KINDNOT EXPRESSLY STATED HEREIN. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOYOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE IMPLIED WARRANTIES OF MERCHANTABILITYTERM “US GUN CLASS” INCLUDES US GUN CLASS’S OFFICERS, FITNESS FOR A PARTICULAR PURPOSEDIRECTORS, TITLEEMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSSUBCONTRACTORS.

Disclaimers. IT IS UNDERSTOOD BY YOU THAT THE SOFTWARE PRODUCT HAS NOT BEEN THOROUGHLY TESTED AND MAY CONTAIN DEFECTS AND THAT THE AUTHOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ITS USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT BETA VERSIONS AND FINAL VERSION OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS FURTHER UNDERSTOOD BY YOU THAT NO COMMITMENT EXISTS ON THE PART OF THE AUTHOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR USE BY YOU. YOU ACKNOWLEDGE THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS AND THAT YOUR USE OF THE SOFTWARE PRODUCT SHALL BE AT YOUR SOLE RISK. YOU ALSO AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SUITECLOUD TECHNOLOGIESAUTHOR BE LIABLE FOR ANY (i) DIRECT, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS SPECIAL, INDIRECT, INCIDENTAL OR IMPLIED WARRANTIES, INCLUDINGCONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES LOSS OF MERCHANTABILITYDATA, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLELOST PROFITS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREEEXEMPLARY OR PUNITIVE DAMAGES, (II) WILL BE FREE WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTSTHE POSSIBILITY OF SUCH DAMAGES, OR (IVii) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR ANY OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.CLAIM,

Disclaimers. THE PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT REQUIRED BY APPLICABLE LAW TO BE OPERATIVE, THE DISCLAIMERS OF WARRANTIES CONTAINED IN THIS SECTION 15.18 ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW, RULE OR ORDER. THE SUITECLOUD TECHNOLOGIESEXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN SECTION 6 OF THIS AGREEMENT, AND DEVELOPED PROPERTY PROVIDED BY ORACLE THE SPECIAL WARRANTY OF TITLE CONTAINED IN THE CONVEYANCES OF THE ASSETS TO BE DELIVERED AT CLOSING, (COLLECTIVELY, “SELLER’S WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND, EXCEPT FOR SELLER’S WARRANTIES, THE ASSETS SHALL BE CONVEYED PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” HERETO WITHOUT (A) ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESREPRESENTATION, INCLUDINGWHETHER EXPRESS, BUT NOT LIMITED TOIMPLIED, STATUTORY OR OTHERWISE, RELATING TO (I) TITLE TO THE ASSETS, THE IMPLIED WARRANTIES OF MERCHANTABILITYCONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT CONFORMITY TO THE MODELS OR SAMPLES OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, MATERIALS OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREEMERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, (II) WILL BE FREE THE ACCURACY OR COMPLETENESS OF VIRUSES ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR OTHER HARMFUL COMPONENTSMATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, (III) WILL MEET PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE ASSETS OR THE ABILITY OR POTENTIAL OF THE ASSETS TO PRODUCE HYDROCARBONS, (IV) THE ENVIRONMENTAL CONDITION OF THE ASSETS, BOTH SURFACE AND SUBSURFACE, (V) ANY USER REQUIREMENTSIMPLIED OR EXPRESS WARRANTY OF NON-INFRINGEMENT, OR (IVVI) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES, OR (B) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLEWARRANTY OR REPRESENTATION WHATSOEVER. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER BUYER SHALL HAVE INSPECTED, OR WAIVED (AND USERUPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE ASSETS FOR ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “PURPOSES AND SATISFIED ITSELF AS IS” TO THEIR PHYSICAL AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESENVIRONMENTAL CONDITION, INCLUDINGBOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TOTO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NORM. BUYER IS RELYING SOLELY UPON THE IMPLIED WARRANTIES TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, THIS AGREEMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE ITS OWN INSPECTION OF THE SERVICE (INCLUDINGASSETS, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISKSUBJECT TO SELLER’S WARRANTIES. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.[Signature Page Follows]

Disclaimers. TO EXCEPT FOR THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIMITED WARRANTIES IN SECTION 10 OR ANY EXPRESS WARRANTIES PROVIDED IN TERMS AND CONDITIONS ACCOMPANYING A PRODUCT: (i) THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT PRODUCTS ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE” WITHOUT ANY WARRANTY WARRANTIES OF ANY KIND. ANY ; AND (ii) KNOWBE4 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESAND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE KNOWBE4 DOES NOT REPRESENT WARRANT THAT THE SUITECLOUD TECHNOLOGIESOPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, DEVELOPED PROPERTY DEVELOPED MARKETING OR PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY ORACLEKNOWBE4 OR KNOWBE4’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES PROVIDED HEREIN. THE PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. CUSTOMER ACKNOWLEDGES AND AGREES THAT KNOWBE4 AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (i) VIRUSES, WORMS, TROJAN HORSES, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT UNDESIRABLE DATA OR SOFTWARE; OR (ii) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO THIS AGREEMENT (I) WILL BE ERROR-FREEOBTAIN ACCESS TO AND DAMAGE CUSTOMER DATA, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSWEB‑SITES, (III) WILL MEET ANY USER REQUIREMENTSCOMPUTERS, OR (IV) NETWORKS. KNOWBE4 WILL NOT BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLETHOSE ACTIVITIES. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER FURTHER, EACH PARTY DISCLAIMS ALL LIABILITY AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE INDEMNIFICATION OBLIGATIONS FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, HARM OR REMOVAL OF SUCH MATERIALSDAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSReserved.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE CHINA AND ITS AFFILIATE(S) PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE CHINA DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO IN THE EVENT THAT APPLICABLE LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. DAMAGES AND IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. TO EXCEPT FOR THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWLIMITED WARRANTY EXPRESSLY SET FORTH IN SECTION 8 OF THIS AGREEMENT, MSDSADVANTAGE AND ANY MATERIALS THAT YOU OBTAIN FROM MSDSONLINE OR THROUGH THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT SITE ARE PROVIDED “AS ON AN "AS-IS” AND “AS AVAILABLE” " BASIS, WITHOUT ANY WARRANTY OF ANY KINDWARRANTIES OR GUARANTIES WHATSOEVER. ANY MSDSONLINE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESAND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDRIGHTS. ORACLE MSDSONLINE DOES NOT REPRESENT REPRESENT, WARRANT OR COVENANT THAT MSDSADVANTAGE AND ANY MATERIALS (INCLUDING, BUT NOT LIMITED TO, MSDS DOCUMENTS), THAT YOU OBTAIN FROM MSDSONLINE OR THROUGH THE SUITECLOUD TECHNOLOGIESSITE ARE OR WILL BE ACCURATE, DEVELOPED PROPERTY DEVELOPED BY ORACLECURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE THAT MSDSADVANTAGE AND ANY MATERIALS THAT YOU OBTAIN FROM MSDSONLINE OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS SOME STATES DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OF IMPLIED WARRANTIES OR AND TO THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL EXTENT THAT PORTIONS OF THE ABOVE DISCLAIMERSEXCLUSIONS ARE NOT LEGALLY PERMITTED IN YOUR STATE, EXCLUSIONS, OR LIMITATIONS THEY MAY NOT APPLY TO USER, YOU. THE LIMITED WARRANTY OF SECTION 8 GIVES YOU SPECIFIC LEGAL RIGHTS AND USER YOU MAY ALSO HAVE ADDITIONAL RIGHTSOTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

Disclaimers. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR REPRESENTATION 1) AS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT VALIDITY, ENFORCEABILITY OR SCOPE OF ANY OF THE OPTION TECHNOLOGY; 2) OF NONINFRINGEMENT; 3) OF AN OBLIGATION TO APPLICABLE LAWFURNISH ANY KNOW-HOW OR ANY SERVICES; 4) THAT A VALID CLAIM WILL ISSUE FROM ANY PENDING CLAIM OF THE OPTION TECHNOLOGY; OR 5) THAT ISURF WILL NOT GRANT LICENSES TO OTHERS TO MAKE, USE OR SELL PRODUCTS NOT INCLUDED IN THE SUITECLOUD TECHNOLOGIES, AND DEVELOPED PROPERTY PROVIDED OPTION TECHNOLOGY WHICH MAY BE SIMILAR AND/OR COMPETE WITH PRODUCTS MADE OR SOLD BY ORACLE PURSUANT TO THIS AGREEMENT ARE COMPANY. THE OPTION TECHNOLOGY IS PROVIDED “AS IS” AND “AS AVAILABLE; WHERE IS” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESWARRANTIES WHATSOEVER. OTHER THAN AS EXPRESSLY STATED IN SECTION 4A, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ISURF MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF MERCHANTABILITYANY KIND WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY STATED IN SECTION 4A, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ARISING FROM ANY COURSE OF DEALING, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLEUSAGE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSTRADE PRACTICE.

Disclaimers. [A] Generally Although not an entirely settled question, courts generally treat software as a good that is subject to the Uniform Commercial Code.8 Therefore, vendors should include U.C.C.-type warranty disclaimers. Customer ’s counsel should read these carefully and confirm they are appropriate for customer ’s intended use. If properly drafted by the vendor ’s counsel, these provisions should not require much negotiation. The following is language from a vendor form: EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION [ ], WHICH ARE LIMITED WARRANTIES AND THE ONLY WAR- RANTIES PROVIDED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWCUSTOMER, THE SUITECLOUD TECHNOLOGIES, SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ANY SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT NEITHER VENDOR NOR ITS LICENSORS MAKE ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED ADDITIONAL WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY SOFTWARE OR SERVICES PROVIDED HEREUNDER. THE PARTIES HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSESATISFACTORY QUAL- ITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. USER UNDERSTANDS AND AGREES NEITHER VENDOR NOR ITS LICENSORS WARRANT THAT USE OF MATERIALS THE SOFTWARE OR DATA OBTAINED THROUGH ANY SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SET FORTH HEREIN, THAT THE USE SOFT- WARE WILL OPERATE IN THE COMBINATIONS THAT CUSTOM- ER MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER SOFTWARE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USEUNINTERRUPTED OR ERROR-FREE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESTHAT ALL ERRORS WILL BE CORRECTED. IF THESE LAWS APPLY PREPRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF SOFTWARE ARE PRO- VIDED TO USERCUSTOMER, SOME OR ALL SUCH COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.ANY KIND. [B] Title and Noninfringement In addition to disclaiming the implied warranties of merchant- ability and fitness for a particular purpose,9 the prudent vendor should include in its disclaimers the implied warranties of title and non-infringement that arise under U.C.C. section 2-312.10 This dis- claimer is particularly appropriate when the agreement already contains

Disclaimers. [A] Generally Although not an entirely settled question, courts generally treat software as a good that is subject to the Uniform Commercial Code.10 Therefore, vendors should include U.C.C.-type warranty disclaimers. Customer’s counsel should read these carefully and confirm they are appropriate for customer ’s intended use. If properly drafted by the vendor’s counsel, these provisions should not require much negotiation. The following is language from a vendor form: EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION [ ], WHICH ARE LIMITED WARRANTIES AND THE ONLY WAR- RANTIES PROVIDED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWCUSTOMER, THE SUITECLOUD TECHNOLOGIES, SOFTWARE AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT ANY SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT NEITHER VENDOR NOR ITS LICENSORS MAKE ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED ADDITIONAL WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY SOFTWARE OR SERVICES PROVIDED HEREUNDER. THE PARTIES HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSESATISFACTORY QUAL- ITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMEDINFRINGEMENT. USER UNDERSTANDS AND AGREES NEITHER VENDOR NOR ITS LICENSORS WARRANT THAT USE OF MATERIALS THE SOFTWARE OR DATA OBTAINED THROUGH ANY SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SET FORTH HEREIN, THAT THE USE SOFT- XXXX WILL OPERATE IN THE COMBINATIONS THAT CUSTOM- ER MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER SOFTWARE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USEUNINTERRUPTED OR ERROR-FREE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESTHAT ALL ERRORS WILL BE CORRECTED. IF THESE LAWS APPLY TO USERCUSTOMER REQUESTS PREPRODUCTION (E.G., SOME “ALPHA” OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.“BETA”) 3rd Proofs 02/01/18

Disclaimers. EXCEPT FOR THE SPECIAL WARRANTY OF TITLE CONTAINED IN THE ASSIGNMENT AND THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER IN ARTICLE VI, SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED AS TO (i) (i) THE FULLEST EXTENT PERMISSIBLE PURSUANT ENVIRONMENTAL CONDITION OF THE ASSETS, OR ANY MATTER RELATING TO APPLICABLE LAWENVIRONMENTAL LAWS, DEFECTS, LOSSES, HAZARDOUS SUBSTANCES, HYDROCARBONS, NORM OR THE SUITECLOUD TECHNOLOGIESPROTECTION OF HUMAN HEALTH, SAFETY, OR THE ENVIRONMENT, (ii) THE QUANTITY, QUALITY OR RECOVERABILITY OF HYDROCARBONS IN OR FROM THE ASSETS, (iii) ANY ESTIMATES OF THE VALUE OF THE ASSETS OR FUTURE REVENUES GENERATED BY THE ASSETS, (iv) THE CONDITION, QUALITY, SUITABILITY, MERCHANTABILITY, FREEDOM FROM LATENT VICES OR DEFECTS, FITNESS FOR A PARTICULAR PURPOSE OR MARKETABILITY OF THE ASSETS, OR (v) THE CONFORMITY TO MODELS OR SAMPLES, AND DEVELOPED PROPERTY PROVIDED BUYER WAIVES ALL RIGHTS OF A PURCHASER UNDER LAW TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE OR OTHER CONSIDERATION, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY ORACLE PURSUANT THE PARTIES THAT BUYER SHALL BE DEEMED TO THIS AGREEMENT ARE PROVIDED BE OBTAINING THE ASSETS IN THEIR PRESENT STATUS, CONDITION AND STATE OF REPAIR, “AS IS” AND “AS AVAILABLEWHERE IS” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS WITH ALL FAULTS OR IMPLIED WARRANTIESDEFECTS (KNOWN OR UNKNOWN, INCLUDINGLATENT, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEDISCOVERABLE OR UNDISCOVERABLE), AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. ORACLE DOES NOT REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, BUYER HAS MADE OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT CAUSED TO THIS AGREEMENT (I) WILL BE ERROR-FREE, (II) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, OR (IV) WILL BE CORRECTED IF MADE SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “INSPECTIONS AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTSBUYER DEEMS APPROPRIATE.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWSOLUTION, SERVICES, OUTPUT, AS WELL AS ANY OTHER GOODS AND SERVICES PROVIDED OR MADE AVAILABLE BY COMPANY OR ITS AFFILIATES HEREUNDER (COLLECTIVELY, THE SUITECLOUD TECHNOLOGIES“COMPANY MATERIALS“) ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS― AND “AS AVAILABLE― BASIS, WITH ALL DEFECTS. ALL ACCESS TO, USE OF, AND DEVELOPED PROPERTY PROVIDED BY ORACLE PURSUANT RELIANCE UPON, COMPANY MATERIALS IS AT CUSTOMER’S SOLE RISK (AND ACCORDINGLY CUSTOMER AGREES NOT TO THIS AGREEMENT ARE PROVIDED “USE OR RELY UPON THE COMPANY MATERIALS AS IS” A SUBSTITUTE FOR PROFESSIONAL ADVICE). ALL EXPRESS, IMPLIED AND “AS AVAILABLE” STATUTORY CONDITIONS AND WARRANTIES (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ANY KIND. ANY EXPRESS IMPLIED CONDITIONS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET POSSESSION, NON-INFRINGEMENT INFRINGEMENT, OR QUALITY OF THIRD PARTY RIGHTS SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY EXPRESSLY DISCLAIMED BY COMPANY AND COMPLETELY DISCLAIMEDITS LICENSORS. ORACLE COMPANY DOES NOT REPRESENT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF COMPANY MATERIALS; (B) THAT CUSTOMER’S USE OF COMPANY MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (C) REGARDING THE SUITECLOUD TECHNOLOGIESOPERATION OF ANY CELLULAR NETWORKS, DEVELOPED PROPERTY DEVELOPED BY ORACLETHE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, REGULATIONS, OR OTHER MATERIAL PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT (I) GOVERNMENT OR INDUSTRY RULES OR STANDARDS. COMPANY WILL NOT BE ERROR-FREELIABLE OR OBLIGATED IN RESPECT OF DELAYS, (II) WILL BE FREE OF VIRUSES INTERRUPTIONS, SERVICE FAILURES OR OTHER HARMFUL COMPONENTSPROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO PUBLIC NETWORKS OR HOSTING PROVIDERS. COMPANY, (III) WILL MEET ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARE NOT INVESTMENT, RISK, TAX OR FINANCIAL ADVISORS, AND THE COMPANY MATERIALS ARE NOT INTENDED TO PROVIDE, AND SHOULD NOT BE CONSTRUED AS PROVIDING, ANY USER REQUIREMENTSINVESTMENT, OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTS. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY RISK, TAX OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE SET FORTH IN AN AGREEMENT BETWEEN DEVELOPER AND USERFINANCIAL OR LEGAL ADVICE, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. TO EXCEPT AS EXPLICITLY PROVIDED IN SECTION 12 ABOVE, VERTAFORE MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWVERTAFORE SOLUTIONS OR THE SERVICES, THE SUITECLOUD TECHNOLOGIESWHETHER EXPRESS OR IMPLIED, AND DEVELOPED PROPERTY PROVIDED ARISING BY ORACLE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIESDESIGN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. VERTAFORE AND COMPLETELY DISCLAIMED. ORACLE DOES ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SUITECLOUD TECHNOLOGIES, DEVELOPED PROPERTY DEVELOPED BY ORACLE, VERTAFORE SOLUTIONS AND/OR OTHER MATERIAL THE SERVICES PROVIDED BY ORACLE PURSUANT TO THIS AGREEMENT HEREUNDER SHALL BE UNINTERRUPTED OR ERROR-FREE. FURTHER: (I) WILL BE ERROR-FREE, BECAUSE VERTAFORE IS NOT THE ORIGINAL MANUFACTURER OF THE EQUIPMENT OR THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT; AND (II) WILL IF CUSTOMER IS AN AUTHORIZED ONLINE SERVICES LICENSEE, THE EQUIPMENT, NETWORKING AND TELECOMMUNICATIONS INFRASTRUCTURE USED BY CUSTOMER TO ACCESS THE VERTAFORE SOLUTION IS THE SOLE RESPONSIBILITY OF CUSTOMER; VERTAFORE DOES NOT PROVIDE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL OBLIGATIONS OR LIABILITIES FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE OF THE EQUIPMENT, THIRD PARTY SOFTWARE, THIRD PARTY CONTENT AND THE DELIVERY AND PERFORMANCE OF THE VERTAFORE SOLUTION IN CONNECTION WITH THE ACCESS BY CUSTOMER TO THE ONLINE SERVICES. 14. LIMITATIONS OF LIABILITY. EXCEPT WITH RESPECT TO VERTAFORE’S INDEMNIFICATION OBLIGATION IN SECTION 12.4.1 AND A BREACH BY VERTAFORE OF SECTION 11.2, VERTAFORE’S AGGREGATE, CUMULATIVE LIABILITY IN CONNECTION WITH ALL AGREEMENTS, THE VERTAFORE SOLUTIONS AND ALL SERVICES PERFORMED SHALL BE FREE OF VIRUSES CAPPED AT THE AMOUNT EQUAL TO THE FEES ACTUALLY RECEIVED BY VERTAFORE FROM CUSTOMER UNDER THE ORDER FROM WHICH THE EVENT CAUSING LIABILITY ARISES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL VERTAFORE BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR OTHER HARMFUL COMPONENTS, (III) WILL MEET ANY USER REQUIREMENTS, PUNITIVE DAMAGES OR (IV) WILL BE CORRECTED IF SUCH ITEMS CONTAIN DEFECTSLOST OR IMPUTED PROFITS OR LOST DATA. ORACLE IS NOT RESPONSIBLE FOR DEVELOPED PROPERTY OR OTHER MATERIALS DEVELOPED BY DEVELOPERS OTHER THAN ORACLE. UNLESS OTHERWISE THE LIMITATIONS AND EXCLUSIONS SET FORTH IN AN THIS SECTION 14 APPLY TO ALL CLAIMS OR CAUSES OF ACTION ON WHATEVER BASIS AND UNDER WHATEVER THEORY BROUGHT AND IRRESPECTIVE OF WHETHER THE PARTY HAS ADVISED OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. ALL CLAIMS AND CAUSES OF ACTION BROUGHT BY CUSTOMER HEREUNDER SHALL BE BROUGHT WITHIN ONE (1) YEAR OF THE TERMINATION OR EXPIRATION HEREOF OR WITHIN SIX MONTHS OF THE DATE THE HARM IS ACTUALLY DISCOVERED, WHICHEVER OCCURS FIRST. THE LIMITATIONS OF DAMAGES OR LIABILITY ARE IMPORTANT ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN DEVELOPER VERTAFORE AND USER, ALL DEVELOPED PROPERTY PROVIDED BY DEVELOPERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KINDCUSTOMER. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY AND COMPLETELY DISCLAIMED. USER CUSTOMER UNDERSTANDS AND AGREES THAT USE OF MATERIALS OR DATA OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION MATERIALS PROVIDED BY OTHER USERS OR DEVELOPERS) IS AT ITS OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE INSTALLATION, USE, OR REMOVAL OF SUCH MATERIALS. CERTAIN STATE LAWS DO VERTAFORE COULD NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF ECONOMICALLY OFFER THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USERTERMS, AND USER MAY HAVE ADDITIONAL RIGHTSITS SUBJECT MATTER, TO CUSTOMER WITHOUT THESE LIMITATIONS.