Common use of Exclusion of Warranties Clause in Contracts

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR SERVICES PROVIDED BY PROVIDER TO HOST PURSUANT TO THIS AGREEMENT SHALL BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION“AS-IS WHERE-IS.” NO OTHER WARRANTY TO HOST OR ANY OTHER PERSON, DISCRETION AND OPINION WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERTHE INSTALLATION, EXPRESSED OR IMPLIEDDESIGN, REGARDING THE PERFORMANCE OF CAMERASDESCRIPTION, SERVICESQUALITY, SUPPLIESMERCHANTABILITY, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIESCOMPLETENESS, GUARANTEESUSEFUL LIFE, EXPRESSED OR IMPLIEDFUTURE ECONOMIC VIABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT PURPOSE OF THE USE SYSTEM, THE SOLAR SERVICES OR INABILITY TO USE ANY EQUIPMENT RENTED OTHER SERVICE PROVIDED HEREUNDER OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY PROVIDER. FOR CLARITY, NOTHING IN THIS SECTION 8.4 SHALL EXCUSE, LIMIT OR OTHERWISE MODIFY OR DIMINISH PROVIDER’S OBLIGATIONS AND RESPONSIBILITIES WITH REGARD TO THE EVENT THAT XXXXXXXX CAMERA INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR SERVICES SET FORTH ELSEWHERE IN THIS AGREEMENT. HOST MAKES NO REPRESENTATION OR XXXXXXXX CAMERAWARRANTY AS TO THE LEVEL OF PAST, PRESENT OR FUTURE ENERGY CONSUMPTION AT THE PROPERTY. NOR SHALL ANY PROVISION OF THIS AGREEMENT REQUIRE HOST TO CONTINUE TO OPERATE THE PROPERTY OR RESTRICT HOST’S AGENTS HAVE BEEN ADVISED RIGHTS TO SELL, LEASE OR DISPOSE OF THE POSSIBILITY PROPERTY, PROVIDED THAT HOST COMPLIES WITH THE APPLICABLE REQUIREMENTS OF SUCH DAMAGESTHIS AGREEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONAND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO IF ANY, ARE PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESCUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, SHALL XXXXXXXX CAMERA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR LIABLE COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANYONE ELSE FOR UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY WARRANTIES ON BEHALF OF SUCH DAMAGESSERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION THE LUX SYSTEM AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER SERVICES ARE PROVIDED “AS IS”. ,” WITH NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER. ALL EXPRESS, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL STATUTORY WARRANTIES, GUARANTEESINCLUDING, EXPRESSED OR IMPLIEDWITHOUT LIMITATION, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LUX AND ITS AFFILIATES, DISTRIBUTORS, AND STRATEGIC PARTNERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LUX SYSTEM AND/OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LUX AND ITS AFFILIATES, DISTRIBUTORS, AND STRATEGIC PARTNERS DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LUX SYSTEM OR RECEIVED THROUGH ANY LINKS PROVIDED IN NO EVENTTHE LUX SYSTEM, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE AS WELL AS FOR ANY DAMAGESINFORMATION OR ADVICE RECEIVED THROUGH THE LUX SYSTEM OR THROUGH ANY LINKS PROVIDED BY THE LUX SYSTEM. LUX AND ITS AFFILIATES, INCLUDING LOST PROFITSDISTRIBUTORS, LOST SAVINGS AND STRATEGIC PARTNERS SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ADVICE OBTAINED THROUGH THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLUX SYSTEM.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES YOU UNDERSTAND AND AGREE THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT YOUR USE OF CUSTOMER’S THE SERVICES IS AT YOUR SOLE SELECTION, DISCRETION RISK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THAT THE SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN " AND "AS AVAILABLE." WE AND OUR AFFILIATES AND OUR LICENSORS EXPRESSLY EXCLUDES DISCLAIM ANY AND ALL WARRANTIESREPRESENTATIONS, GUARANTEESWARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, STATUTORY, BY OPERATION OF LAW, LEGAL OR OTHERWISE, INCLUDING ANY INCLUDING, WITHOUT LIMITATION, IMPLIED OR LEGAL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY MERCHANTABILITY, QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR PERFORMANCE. NEITHER WE NOR OUR AFFILIATES ARE RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM FUNCTIONALITY OF THE SERVICES OR THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR RESULTS OBTAINED FROM THE SERVICES. IN NO EVENTPARTICULAR, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE WE DO NOT REPRESENT OR LIABLE WARRANT TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR INABILITY TO FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE ANY EQUIPMENT RENTED OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) DEFECTS IN THE ALLEGED BREACH OPERATION OR FUNCTIONALITY OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED SOFTWARE PROVIDED TO YOU AS PART OF THE POSSIBILITY OF SUCH DAMAGESSERVICES WILL BE CORRECTED.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AS A RESULT MATERIAL PART OF CUSTOMER’S SOLE SELECTIONTHE CONSIDERATION FOR THIS ASSIGNMENT, DISCRETION GRANTOR AND OPINION GRANTEE AGREE THAT GRANTOR'S INTERESTS IN SUCH PROPERTY, IF ANY, BEING TRANSFERRED TO GRANTEE HEREUNDER ARE TRANSFERRED "AS IS," "WHERE IS," "WITH ALL FAULTS," WITH ANY AND ALL LATENT AND PATENT DEFECTS, AND THAT THERE IS NO WARRANTY THAT THE PROPERTY HAS A PARTICULAR FINANCIAL VALUE OR IS FIT FOR A PARTICULAR PURPOSE, EXCEPT THAT PRODUCER AGREES TO TRANSFER THE PROPERTY, OR APPLICABLE PORTIONS THEREOF, FREE AND CLEAR OF ANY MORTGAGES, MECHANICS' LIENS, TAX LIENS AND OTHER FORMS OF SECURITY INTERESTS OR FINANCIAL ENCUMBRANCES OR PAST DUE PAYMENTS OF ANY KIND CREATED BY, THROUGH AND UNDER GRANTOR BUT NOT OTHERWISE. EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, GRANTOR MAKES THIS ASSIGNMENT TO GRANTEE WITHOUT RECOURSE (EVEN AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES THE RETURN OF THE PURCHASE PRICE), AND WITHOUT ANY COVENANT OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA WARRANTY OF ANY TYPE KIND, EXPRESS, IMPLIED OR NATURE WHATSOEVERSTATUTORY. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, EXPRESSED STATEMENT, OR OTHER ASSERTION WITH RESPECT TO THE PROPERTY OR THE PROPERTY CONDITION BUT INSTEAD IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. FURTHER, GRANTOR AND GRANTEE AGREE THAT, EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, GRANTOR EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF CAMERASMERCHANTABILITY, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, DESCRIPTION, DESIGN, QUALITY, CONDITION, CONFORMITY TO PLANS OR DRAWINGS, OPERATION, PRESSURE INTEGRITY, COMPLIANCE WITH SPECIFICATION, COMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT), SUITABILITY OF THE PROPERTY FOR GRANTEE'S USE, OR ABSENCE OF PATENT OR LATENT DEFECTS OR DESIGN FLAWS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS ASSIGNMENT. GRANTEE TAKES GRANTOR'S INTEREST IN SUCH PROPERTY, IF ANY, WITH THE EXPRESS UNDERSTANDING AND STIPULATION THAT, EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, THERE ARE NO EVENTEXPRESS OR IMPLIED WARRANTIES. ALL WARRANTIES THAT MIGHT ARISE BY COMMON LAW ARE EXCLUDED AND ARE SPECIFICALLY DISCLAIMED. Grantor and Grantee agree that, UNDER NO CIRCUMSTANCESto the extent required by the applicable law to be operative, the disclaimers of warranties contained in this Assignment are "conspicuous" disclaimers for the purposes of any applicable law, rule or order. DECEPTIVE TRADE PRACTICES—WAIVER OF CONSUMER RIGHTS. AS A MATERIAL PART OF THE CONSIDERATION FOR GRANTOR AND GRANTEE AGREEING TO ENTER INTO THIS ASSIGNMENT, EACH PARTY COMPRISING GRANTOR AND GRANTEE EACH CAN, AND DO, EXPRESSLY WAIVE THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT, ARTICLE 17.41 ET SEQ., TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT PROVIDES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS, AND ALL OTHER CONSUMER PROTECTION LAWS OF THE STATE OF TEXAS, OR ANY OTHER STATE, OR OF THE UNITIED STATES OF AMERICA, APPLICABLE TO THIS TRANSACTION, IF ANY, THAT MAY BE WAIVED BY THE GRANTOR AND GRANTEE. IT IS NOT THE INTENT OF THE GRANTOR AND GRANTEE TO WAIVE, AND THE PARTIES SHALL XXXXXXXX CAMERA BE RESPONSIBLE NOT WAIVE, ANY APPLICABLE LAW OR LIABLE SUB-PART THEREOF WHICH IS PROHIBITED BY LAW FROM BEING WAIVED. THE GRANTOR AND GRANTEE AGREE THAT THEY HAVE HAD AN ADEQUATE OPPORTUNITY TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESREVIEW THE PRECEDING WAIVER PROVISION, INCLUDING LOST PROFITSTHE OPPORTUNITY TO SUBMIT THE SAME TO LEGAL COUNSEL FOR REVIEW AND COMMENT, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT AND AFTER CONSULTATION WITH AN ATTORNEY OF THEIR OWN SELECTION VOLUNTARILY CONSENT TO THIS WAIVER, AND UNDERSTAND THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESRIGHTS BEING WAIVED.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES APART FROM THE SPECIFIC WARRANTIES SET OUT HEREIN, ALL SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. NEITHER SELLERS NOR ANY OF THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR LICENSORS WARRANTS THAT ALL EQUIPMENT THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO BE RENTED FROM XXXXXXXX CAMERA THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED PURSUANT TO THIS AGREEMENT WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONUNINTERRUPTED OR FREE FROM ERRORS, DISCRETION DEFECTS, AND OPINION AS PROBLEMS, NOR DOES SELLERS WARRANT THAT CERTAIN RESULTS MAY BE OBTAINED BY PURCHASER IN CONNECTION WITH THE SERVICES OR PRODUCTS INCLUDING BUT NOT LIMITED TO EQUIPMENT WHICH IT REQUIRESTHE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. SELLERS AND THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS MAKE NO WARRANTIES WARRANTY, GUARANTEE OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE REPRESENTATION EITHER EXPRESS OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, IMPLIED REGARDING THE PERFORMANCE OF CAMERASMERCHANTABILITY, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED UNDER THIS AGREEMENT. IN NO EVENTWITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCESEXCEPT AS EXPRESSLY STATED HEREIN, SHALL XXXXXXXX CAMERA BE RESPONSIBLE SELLERS DO NOT MAKE ANY WARRANTY OR LIABLE TO CUSTOMER OR ANYONE ELSE GUARANTEE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS THIRD PARTY PRODUCTS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSERVICE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES NOTHING IN THESE TERMS, INCLUDING THIS SECTION 12 AND SECTION 13, SHALL EXCLUDE OR LIMIT THE COMPANYʼS WARRANTY OR LIABILITY FOR LOSSES THAT ALL EQUIPMENT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND NORTH CAPITAL'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB PORTAL IS AT YOUR SOLE RISK AND THAT THE WEB PORTAL IS PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, NORTH CAPITAL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: • YOUR USE OF THE WEB PORTAL WILL MEET YOUR REQUIREMENTS; • YOUR USE OF THE WEB PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTION, YOUR USE OF THE WEB PORTAL WILL BE ACCURATE OR RELIABLE; • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEB PORTAL WILL BE CORRECTED. • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB PORTAL IS AT YOUR OWN DISCRETION AND OPINION AS RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. • NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NORTH CAPITAL OR THROUGH OR FROM THE WEB PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. NORTH CAPITAL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON- INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN LESSEE ACKNOWLEDGES AND AGREES THAT, AS BETWEEN LESSOR AND LESSEE (I) EACH CAR IS OF A SIZE, DESIGN, CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO LESSEE, (II) LESSEE IS SATISFIED THAT EACH CAR IS SUITABLE FOR ITS PURPOSES, (III) LESSOR IS NOT A MANUFACTURER IN PROPERTY OF SUCH KIND, (IV) EACH CAR IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS NOW IN EFFECT OR HEREAFTER ADOPTED, AND (V) LESSOR LEASES TO LESSEE AND LESSEE TAKES EACH CAR “AS-IS”, “WHERE-IS” AND “WITH ALL FAULTS”, AND LESSEE ACKNOWLEDGES THAT LESSOR HAS NOT MADE, AND LESSOR HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED EITHER EXPRESS OR IMPLIED, REGARDING AS TO THE PERFORMANCE VALUE, CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, DESIGN, OPERATION, MERCHANTABILITY THEREOF OR AS TO THE TITLE, OF CAMERASTHE CARS, SERVICES, SUPPLIES, FILM THE QUALITY OF THE MATERIAL OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED WORKMANSHIP THEREOF OR IMPLIED, STATUTORY, BY OPERATION OF LAWCONFORMITY THEREOF TO SPECIFICATIONS, OR OTHERWISEANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, INCLUDING NOR DOES LESSOR HAVE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE LIABILITY FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS CONSEQUENTIAL OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE THIS AGREEMENT OR INABILITY TO USE IN CONNECTION WITH ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINCAR, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESit being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee, provided that the foregoing shall not affect the obligations for maintenance and repair to which Lessor expressly agrees in this Agreement or any Rider.

Exclusion of Warranties. NOTWITHSTANDING ANYTHING ELSE STATED IN THIS AGREEMENT OR ELSEWHERE, BUSINESSOLVER DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES REGARDING ITS SERVICES (INCLUDING IMPLIED REPRESENTATIONS OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE) OR REGARDING THE PRODUCTS WHICH MAY BE OFFERED OVER CUSTOMER'S WEBSITE OR WEB PAGES OR THAT CUSTOMER'S WEBSITE OR WEB PAGES SHALL BE UNINTERRUPTED OR ERROR-FREE. FURTHER, NOTHING IN THIS AGREEMENT NOR THE PERFORMANCE OF SERVICES BY BUSINESSOLVER SHALL SUPERCEDE ANY CARRIER PLANS PROVIDED BY THE CUSTOMER NOR SHALL BUSINESSOLVER ASSUME ANY RESPONSIBILITY OR LIABILITY RELATING TO ANY CARRIER ACT OR OMISSIONS. Section 8.2. Limitation of Damages. IN NO EVENT, EVENT SHALL BUSINESSOLVER BE LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT PAID TO AND RETAINED BY BUSINESSOLVER FROM CUSTOMER FOR THE PRECEDING TWELVE (12) MONTHS. UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BUSINESSOLVER BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESINDIRECT, INCLUDING LOST PROFITSSPECIAL, LOST SAVINGS INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DIRECT EXEMPLARY DAMAGES (WHETHER ALLEGED IN TORT, CONTRACT, INDEMNITY OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINOTHERWISE, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE IF IT HAS BEEN ADVISED APPRISED OF THE POSSIBILITY OF SUCH THE DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT OR INTERRUPTION OF BUSINESS OR FROM ANY INTERRUPTION OR ERRORS IN CUSTOMER'S ENROLLMENT WEBSITE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA VUUZLE FILM PRODUCTIONS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA VUUZLE FILM PRODUCTIONS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THE BUYER UNDERSTANDS THAT THE MANUFACTURER, NOT THE SELLER, WILL PROVIDE A WARRANTY ON THE HOME. SELLER WILL GIVE BUYER A COPY OF THE MANUFACTURER’S WARRANTY. BUYER FURTHER UNDERSTANDS THAT BUYER WILL OBTAIN WARRANTY SERVICE ON THE HOME FROM THE MANUFACTURER. THE SELLER HEREBY DISCLAIMS AND EXCLUDES ALL EQUIPMENT IMPLIED OR EXPRESS WARRANTIES RELATING TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION THE HOME AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISECONSTRUCTION, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF HABITABILITY AND WORKMANLIKE CONSTRUCTION, TO THE HOME OR TO THE CONSTRUCTION. IN NO EVENTBUYER UNDERSTANDS THAT THERE MAY BE ADDITIONAL WRITTEN WARRANTIES COVERING THE HOME, UNDER NO CIRCUMSTANCESOR ANY APPLIANCE OF COMPONENT THEREOF, WHICH MAY HAVE BEEN PROVIDED BY THIRD PARTIES. SELLER SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH DELIVER BUYER COPIES OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN AND ALL WRITTEN WARRANTIES SUPPLIED BY SAID THIRD PARTIES BUT DELIVERY SHALL NOT CONSTITUTE AN ADOPTION OF ANY SUCH WARRANTIES BY THE EVENT SELLER. BUYER ACKNOWLEDGES THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS ANY SUCH WARRANTIES HAVE NOT BEEN ADVISED MADE BY THE SELLER AND THAT THE SELLER IS NOT AN AGENT OF THE POSSIBILITY OF ANY SUCH DAMAGESTHIRD PARTY.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 14.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT YOUR USE OF CUSTOMER’S THE SERVICES AND HOSTED TRIAL MATERIALS IS AT YOUR SOLE SELECTION, DISCRETION RISK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER THAT THE SERVICES AND HOSTED TRIAL MATERIALS ARE PROVIDED “AS IS”. NO ” AND “AS AVAILABLE” WITHOUT WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED KIND EITHER EXPRESS OR IMPLIED, REGARDING . TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OR OTHERWISEMIRANTIS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, CORRECTNESS, ACCURACY AND RELIABILITY. IN NO EVENTWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCESMIRANTIS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SHALL XXXXXXXX CAMERA TIMELY, SECURE OR FREE FROM ERROR; (III) ANY DATA PROVIDED THROUGH THE SERVICES WILL BE RESPONSIBLE ACCURATE; OR LIABLE TO CUSTOMER (IV) THE SERVICES, HOSTED TRIAL MATERIALS, USER CONTENT, OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OTHER CONTENT OR FEATURE MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESHARMFUL COMPONENTS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA Motion Rental WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA Motion Rental OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA Motion Rental HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA Motion Rental BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA Motion Rental OR XXXXXXXX CAMERAMotion Rental’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT THE SOFTWARE AND SUPPLEMENTARY SOFTWARE ARE FURNISHED TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER THE LICENSEE “AS IS”. NO WARRANTIES ” AND “AS AVAILABLE” AND WITHOUT WARRANTIES, DUTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA CONDITIONS, STATUTORY OR OTHERWISE, OF ANY TYPE OR NATURE WHATSOEVERKIND. CMC AND RELEVANT THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED DUTIES AND CONDITIONS, EXPRESS (EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE BY THIS XXXX) OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, STATUTORY OR OTHERWISE, OF ANY KIND, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENTCMC AND RELEVANT THIRD PARTY LICENSORS DO NOT WARRANT THAT THE SOFTWARE OR SUPPLEMENTARY SOFTWARE, UNDER NO CIRCUMSTANCESWILL MEET THE LICENSEE’S REQUIREMENTS OR PROVIDE SPECIFIC RESULTS, SHALL XXXXXXXX CAMERA OR THAT THEY WILL BE RESPONSIBLE UPDATED, OR LIABLE THAT THE OPERATION OF ALL OR ANY OF THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA, OR THAT ANY NETWORK SERVICES OR PRODUCTS (OTHER THAN THE SOFTWARE) UPON WHICH THE SOFTWARE’S PERFORMANCE DEPENDS WILL CONTINUE TO CUSTOMER BE AVAILABLE, UNINTERRUPTED OR ANYONE ELSE FOR UNMODIFIED. FURTHERMORE, CMC AND RELEVANT THIRD PARTY LICENSORS DO NOT WARRANT OR MAKE ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS REPRESENTATIONS OR OTHER DIRECT CONDITIONS REGARDING THE USE OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE RESULTS OF THE USE OF THE SOFTWARE OR INABILITY SUPPLEMENTARY SOFTWARE IN TERMS OF THEIR ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. CMC AND RELEVANT THIRD PARTY LICENSORS SHALL HAVE NO RESPONSIBILITY FOR THE SECURITY OF, TIMELINESS, DELETION, MIS- DELIVERY, OR FAILURE TO USE STORE ANY EQUIPMENT RENTED OF THE LICENSEE’S COMMUNICATIONS OR PERSONALIZED SETTINGS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CMC, OR ANY THIRD PARTY SHALL CREATE A WARRANTY, DUTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY, DUTY AND CONDITION. SHOULD THE SOFTWARE OR THE ALLEGED BREACH MEDIA ON WHICH IT IS FURNISHED OR THE SUPPLEMENTARY SOFTWARE PROVE DEFECTIVE, THE LICENSEE (AND NOT CMC OR ANY THIRD PARTY) ASSUME THE ENTIRE COST OF ANY AGREEMENT DESCRIBED HEREINALL NECESSARY SERVICING, EVEN IN REPAIR, OR CORRECTION. WARNING: IF THE EVENT LICENSEE IS RECEIVING AN EVALUATION LICENSE, THE SOFTWARE MAY CONTAIN A MECHANISM THAT XXXXXXXX CAMERA WILL CAUSE THE SOFTWARE TO CEASE PROPER OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED FULL FUNCTIONING AFTER AN EVALUATION PERIOD. THIS MAY OCCUR BEFORE OR AFTER EXPIRATION OR TERMINATION OF THE POSSIBILITY OF LICENSE, SO THE LICENSEE MUST BE PREPARED FOR SUCH DAMAGESEVENT AT ALL TIMES AND MAY NOT RELY ON THE SOFTWARE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT REVERI PROVIDES ITS USERS WITH A SELECTION OF SERVICES, TOOLS AND RESOURCES. THE SITE AND THE SERVICES, AND ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONTHE CONTENT, DISCRETION INFORMATION, ADVICE, FEEDBACK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED MATERIALS POSTED ON OR PROVIDED BY CUSTOMER OR THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA ” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO USE YOUR OWN JUDGMENT, CAUTION AND COMMON SENSE IN MANAGING ALL CONTENT, INFORMATION, AND MATERIALS OFFERED AND YOU AGREE THAT ANY USE YOU MAKE OF SUCH CONTENT, INFORMATION, OR MATERIALS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT REVERI DOES NOT EVALUATE OR GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR THE INFORMATION PROVIDED THROUGH THE SITE OR THE SERVICES. REVERI IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON ANY OF THE FOREGOING CONTENT, INFORMATION, OR MATERIALS. REVERI IS NOT RESPONSIBLE FOR AND MAKES NO EVENTWARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON, THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE TOU OR ANY ADDITIONAL TERMS, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF REVERI. UNDER NO CIRCUMSTANCES, CIRCUMSTANCES SHALL XXXXXXXX CAMERA REVERI BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESLOSS OR DAMAGE, INCLUDING LOST PROFITSINCLUDING, LOST SAVINGS WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES (WHETHER SUCH CONTENT VIOLATES THE TOU OR ADDITIONAL TERMS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR FROM THE CONDUCT OF ANY USER OF THE SITE OR THE SERVICES OR ANY USER OF ANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TOU OR ADDITIONAL TERMS, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE). REVERI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE SITE. REVERI IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER DIRECT PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR INDIRECT INCIDENTAL FAILURE OF ANY EMAIL OR CONSEQUENTIAL DAMAGES ARISING OUT MEDIA PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. REVERI DOES NOT GUARANTEE ANY RESULTS (SPECIFIC OR OTHERWISE) FROM YOUR USE OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED SITE OR THE ALLEGED BREACH SERVICES AND REVERI MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES OR THE INFORMATION OR SERVICES PROVIDED THEREBY WILL MEET YOUR REQUIREMENTS. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES. REVERI DISCLAIMS ANY AND ALL LIABILITY OF ANY AGREEMENT DESCRIBED HEREINKIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, EVEN IN THE EVENT YOU AGREE THAT XXXXXXXX CAMERA REVERI SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED USE OF THE POSSIBILITY ANY OF SUCH DAMAGESYOUR PERSONALLY IDENTIFIABLE INFORMATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT THE LIVEVOL PLATFORM IS PROVIDED TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER SUBSCRIBER “AS IS”. .” LIVEVOL MAKES NO WARRANTIES EXPRESS OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA IMPLIED WARRANTY CONCERNING THE LIVEVOL PLATFORM, AND LIVEVOL, ON BEHALF OF ANY TYPE OR NATURE WHATSOEVERITSELF AND EACH DATA SUPPLIER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN HEREBY EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE LIVEVOL PLATFORM. IN LIVEVOL MAKES NO EVENTGUARANTY THAT THE LIVEVOL PLATFORM WILL MEET SUBSCRIBER’S REQUIREMENTS, UNDER NO CIRCUMSTANCESBE ERROR FREE, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OPERATE WITHOUT INTERRUPTION. NEITHER LIVEVOL NOR ANY DATA SUPPLIER GUARANTEES OR ANYONE ELSE FOR MAKES ANY DAMAGESREPRESENTATIONS OR WARRANTIES WHATSOEVER THAT ANY DATA, INCLUDING LOST PROFITS, LOST SAVINGS DERIVED DATA OR OTHER DIRECT INFORMATION ACCESSIBLE VIA THE LIVEVOL PLATFORM (A) WILL BE ACCURATE, COMPLETE, TIMELY OR INDIRECT INCIDENTAL SEQUENCED IN A PARTICULAR MANNER, OR CONSEQUENTIAL DAMAGES ARISING OUT (B) WILL BE RELIABLE FOR TRADING PURPOSES. SUBSCRIBER AGREES TO INDEPENDENTLY DETERMINE THAT THE DATA, DERIVED DATA AND OTHER INFORMATION RECEIVED THROUGH THE LIVEVOL PLATFORM IS SUFFICIENT FOR SUBSCRIBER’S PURPOSES. SUBSCRIBER ASSUMES SOLE RESPONSIBILITY AND RISK OF USING THE DATA, DERIVED DATA AND OTHER INFORMATION ACCESSIBLE VIA THE LIVEVOL PLATFORM. THE LIVEVOL PLATFORM IS PROVIDED SOLELY FOR USE AS A TOOL AND IS NOT MEANT AS A GUIDE TO ACTION. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ANY DATA, DERIVED DATA OR OTHER INFORMATION ACCESSIBLE THROUGH THE LIVEVOL PLATFORM ARE NOT INTENDED TO BE, AND SHOULD NOT BE CONSTRUED OR USED AS, INVESTMENT ADVICE. SUBSCRIBER HEREBY CONFIRMS ITS UNDERSTANDING OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH FOREGOING DISCLOSURES AND AGREES THAT THESE LIMITATIONS ARE REASONABLE ALLOCATIONS OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESRISK.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT YOUR USE OF CUSTOMER’S ONLINE BANKING IS AT YOUR SOLE SELECTION, DISCRETION RISK AND OPINION THAT THE ENTIRE RISK AS TO EQUIPMENT WHICH IT REQUIRESSATISFACTORY QUALITY, PERFORMANCE AND EFFORT IN USING ONLINE BANKING IS WITH YOU. ALL EQUIPMENT YOU ACKNOWLEDGE AND AGREE THAT ONLINE BANKING IS ACCEPTED BY CUSTOMER “PROVIDED ON AN "AS IS”" AND "AS AVAILABLE" BASIS. NO EXCEPT AS MAY OTHERWISE BE EXPRESSLY STATED, NEITHER ONLINE BANKING NOR THE ANY THIRD PARTY SERVICE PROVIDER NOR THE CREDIT UNION IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN, OR ANY INFORMATION RESULTING FROM, YOUR USE OF ONLINE BANKING. NEITHER ONLINE BANKING NOR ANY THIRD PARTY SERVICE PROVIDER NOR THE CREDIT UNION MAKES ANY WARRANTIES OR REPRESENTATIONS AND ALL WARRANTIES ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVEREXPRESSLY DISCLAIMED, EXPRESSED WHETHER EXPRESS OR IMPLIED, REGARDING ONLINE BANKING INCLUDING THE PERFORMANCE WARRANTY OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY TITLE AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT WITHOUT LIMITING THE GENERALITY OF THE USE FOREGOING, THE CREDIT UNION DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR INABILITY FUNCTIONALITY OF ONLINE BANKING (INCLUDING, WITHOUT LIMITATION, THAT ONLINE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS AND YOU HEREBY ASSUME ALL RISKS RELATING TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH FOREGOING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ANY AGREEMENT DESCRIBED HEREINCERTAIN WARRANTIES, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGESABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Credit Union shall not be responsible for your acts or omissions in using Online Banking nor the acts or omissions of any other person or entity, including without limitation, any Federal Reserve financial institution, automated clearing house or transmission, information or communications facility, any receiver, beneficiary, intermediary financial institution or receiving depository financial institution and no such person shall be deemed to be an agent of Online Banking.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY SET FORTH HEREIN, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. ACRES GRANTS NO WARRANTIES RELATED TO THE SOFTWARE OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA FIRMWARE OR MAINTENANCE, UPDATE, AND/OR THE OPERATION OF ANY TYPE UPDATES IN CONNECTION WITH THE SOFTWARE AND/OR NATURE WHATSOEVERFIRMWARE, EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO, THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. ACRES NEITHER ASSUMES NOR AUTHORIZES IGT OR ANY OTHER PERSON TO ASSUME FOR ACRES, ANY WARRANTY EXCEPT AS MAY BE SPECIFICALLY PROVIDED IN NO EVENT, UNDER NO CIRCUMSTANCES, WRITING BY ACRES. NEITHER ACRES NOR ITS VENDORS SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER IGT OR ANYONE ELSE THIRD PARTIES FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITSINCLUDING, LOST SAVINGS BUT NOT LIMITED TO, THE LOSS OF PROFIT OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT FROM THE LOSS OF THE USE DATA OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINDATA BEING RENDERED INACCURATE, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE IF ACRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ACRES' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT IGT IS OBLIGATED TO PAY ACRES PURSUANT TO THIS AGREEMENT. THE PROVISIONS OF THIS ARTICLE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IGT AND ACRES, AND ACRES WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE AND FIRMWARE WITHOUT SUCH LIMITATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE EXCEPT AS A RESULT SPECIFICALLY SET FORTH HEREIN, NEITHER ZENGINE NOR ANY OF CUSTOMER’S SOLE SELECTION, DISCRETION ITS SUPPLIERS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING WITH RESPECT TO THE PERFORMANCE OF CAMERASZENGINE SOFTWARE, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAWTHE MCSC WEBSITE, OR OTHERWISETHE SERVICES TO BE PROVIDED OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER ZENGINE NOR ANY OF ITS SUPPLIERS AND LICENSORS, WARRANTS THAT THE ZENGINE SOFTWARE, THE MCSC WEBSITE, OR THE SERVICES TO BE PROVIDED OR THE OPERATION THEREOF ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED OR MEETS OR WILL MEET MCSC's REQUIREMENTS. WITHOUT LIMITATION OF THE FOREGOING, ZENGINE, ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THE ACCURACY OF ANY SALES TAX DATA OR TAX CALCULATIONS THAT MAY BE PROVIDED OR PERFORMED BY THE ZENGINE SOFTWARE OR THE SERVICES. NEITHER ZENGINE NOR ANY OF ITS SUPPLIERS AND LICENSORS GIVE ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENTPURPOSE OR ARISING BY USAGE OF TRADE, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE COURSE OF DEALING OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT COURSE OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPERFORMANCE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHERMORE, THE WEBSITE MAY BE SUBJECT TO BE RENTED FROM XXXXXXXX CAMERA CHANGES IN BOTIKA’S PRACTICES AND POLICIES REGARDING VARIOUS FEA- TURES INCLUDED ON THE WEBSITE. IN ADDITION, BOTIKA GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERRUPTABLE AVAILABILTY OF THE WEBSITE OR THE TIMES AT WHICH IT WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONAVAILABLE. WITHOUT LIMITING THE FOREGOING, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF BOTIKA EXPLICITLY DISCLAIMS ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND/OR QUALITY OF SERVICE. BOTIKA MAKES NO WARRANTY THAT THE WEBSITE AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SE- CURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA EVENT WILL BOTIKA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESINDIRECT, INCLUDING LOST PROFITSSPECIAL, LOST SAVINGS OR OTHER DIRECT OR INDIRECT PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO USE ANY EQUIPMENT RENTED OR IMPROPER USE OF THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINWEBSITE, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BOTIKA’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED FEES PAID BY YOU TO BOTIKA IN CONNECTION WITH THE SERVICE HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM; OR TO THE EXTENT NO SUCH DAMAGESFEES APPLY, BOTIKA SHALL HAVE NO LIABILITY WHATSOEVER.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE ADDENDUM APPLICABLE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE THE PRODUCTS AND/OR SERVICES OR AS A RESULT OF CUSTOMER’S SOLE SELECTIONOTHERWISE EXPRESSLY CONFIRMED IN WRITING BY T2, DISCRETION THE PRODUCTS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE PRODUCTS OR SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. T2 DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. FURTHER, T2 DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE ON ANY PARTICULAR CONFIGURATION OF SOFTWARE, OPERATING SYSTEM OR COMPUTER SYSTEM. ANY HARDWARE PURCHASED FROM SOURCES OUTSIDE OF T2 WILL BE THE SOLE RESPONSIBILITY OF THE CUSTOMER. T2 WILL NOT BE RESPONSIBLE FOR THE FAILURE OF THE SOFTWARE TO PERFORM TO THE EXTENT THAT SUCH FAILURE TO PERFORM IS DUE TO THE FAILURE OF A THIRD PARTY FUNCTION, SUCH AS INTERNET AVAILABILITY REQUIRED FOR THE CONNECTION BETWEEN THE HARDWARE AND SOFTWARE OR THE WIRELESS NETWORK AVAILABILITY REQUIRED FOR THE T2 SOFTWARE TO BE ABLE TO SEND AND RECEIVE DATA. IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL XXXXXXXX CAMERA T2 BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE FAILURE OF THE USE OR INABILITY SOFTWARE TO USE ANY EQUIPMENT RENTED OR PERFORM IF SUCH FAILURE ARISES DUE TO THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED COMBINATION OF THE POSSIBILITY SOFTWARE WITH THIRD PARTY HARDWARE OR SOFTWARE. T2 SHALL NOT COVER REPAIR, LABOR OR REPLACEMENT OF PARTS THAT ARE BY NATURE EXPENDABLE. IN ADDITION, IF APPLICABLE, THE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS OR INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO LOCATION, DEPENDING UPON THE APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA EXODUS LASERS WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS REPRESENTA- TIONS ARE MADE BY XXXXXXXX CAMERA EXODUS LASERS OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED EX- PRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERASCOSMETIC LASER(S), SERVICESSER- VICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA EXODUS LASERS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORYSTAT- UTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRAN- TIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA EXODUS LASERS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITSPROF- ITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED RENT- ED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA EXODUS LASERS OR XXXXXXXX CAMERA’S EXODUS LASERS’ AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES NOTHING IN THESE TERMS, INCLUDING THIS SECTION 12 AND SECTION 13, SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES THAT ALL EQUIPMENT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND METAURUS ADVISORS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB PORTAL IS AT YOUR SOLE RISK AND THAT THE WEB PORTAL IS PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, METAURUS ADVISORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: • YOUR USE OF THE WEB PORTAL WILL MEET YOUR REQUIREMENTS; • YOUR USE OF THE WEB PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTION, YOUR USE OF THE WEB PORTAL WILL BE ACCURATE OR RELIABLE; • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEB PORTAL WILL BE CORRECTED. • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB PORTAL IS AT YOUR OWN DISCRETION AND OPINION AS RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. • NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM METAURUS ADVISORS OR THROUGH OR FROM THE WEB PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. METAURUS ADVISORS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON- INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR THE LICENSE AGREEMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES (I) NEITHER ZOGENIX, ITS CONTRACT MANUFACTURERS NOR ANY PERSON ON ZOGENIX' BEHALF HAS MADE OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF MAKES ANY TYPE EXPRESS OR NATURE IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED EITHER ORAL OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISEWRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (II) ENDO ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY ZOGENIX, OR ANY OTHER PERSON ON ZOGENIX’ BEHALF, EXCEPT AS ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. SPECIFICALLY PROVIDED IN NO EVENTTHIS AGREEMENT, UNDER NO CIRCUMSTANCESTHE PURCHASE AGREEMENT OR IN THE LICENSE AGREEMENT. THE WARRANTIES SET FORTH IN THIS AGREEMENT MAY BE ASSERTED ONLY BY ENDO AND NOT ANY AFFILIATE, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESSUBLICENSEE, INCLUDING LOST PROFITSDISTRIBUTOR, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THIRD PARTY PURCHASERS OF THE USE PRODUCT (BUT FOR CLARITY, MAY BE ASSERTED BY A THIRD PARTY ACQUIRER OF ENDO'S RIGHTS HEREUNDER). ENDO SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS, WARRANTIES AND COVENANTS THAT ENDO, ITS AFFILIATES, SUBLICENSEES OR INABILITY DISTRIBUTORS MADE OR MAKE TO USE THIRD PARTIES INCLUDING THIRD PARTY PURCHASERS. NOTHING IN THIS SECTION 9.6 IS INTENDED TO LIMIT ENDO'S RIGHTS UNDER THE PURCHASE AGREEMENT WITH RESPECT TO ANY EQUIPMENT RENTED REPRESENTATIONS OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTIES MADE BY ZOGENIX THEREIN.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT AS ALLOWABLE BY LAW THE SUPPLIER MAKES COMMERCIALLY REASONABLE EFFORTS TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT PROVIDE QUALITY OF CUSTOMER’S SOLE SELECTIONSERVICES, DISCRETION HOWEVER, EXCEPT FOR THE WARRANTY SPECIFICALLY SET OUT ABOVE, THE SERVICES, AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED ANY CONTENT OR DATA OBTAINED OR ACCESSED THROUGH THE SERVICE, ARE BEING PROVIDED BY CUSTOMER “SUPPLIER OR RESELLER ON AN "AS IS”. NO WARRANTIES " BASIS AND WITHOUT SPECIFIC REPRESENTATIONS, WARRANTIES, OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA CONDITIONS OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REGARDING THE PERFORMANCE OF CAMERASSUPPLIER, SERVICESITS OFFICERS, SUPPLIESDIRECTORS, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, AND RESELLERS DISCLAIM ALL WARRANTIES, GUARANTEESCONDITIONS AND REPRESENTATIONS EXPRESS, EXPRESSED IMPLIED OR IMPLIEDSTATUTORY OR THOSE ARISING FROM STATUTE OR THE USAGE OF TRADE, STATUTORYINCLUDING, BY OPERATION OF LAWBUT NOT LIMITED TO, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES OF ADEQUACY, ACCURACY OR COMPLETENESS OF DATA. SUPPLIER AND ITS RESELLERS DO NOT WARRANT THAT (i) SERVICES WILL MEET CUSTOMER'S OR ITS USERS' REQUIREMENTS, (ii) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) DATA OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THAT DEFECTS WILL BE CORRECTED, OR THAT SERVER(S) ON WHICH SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS RESPONSIBLE FOR OBTAINING ACCESS TO AND MAINTAINING ALL COMMUNICATION NETWORK, TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR CUSTOMER'S USE OF THE SERVICES AND ITS RELIANCE THEREON. LIMITATION OF LIABILITY IN NO EVENTEVENT SHALL SUPPLIER, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR RESELLERS, BE LIABLE IN ANY WAY WHATSOEVER UNDER NO CIRCUMSTANCESTHIS AGREEMENT OR IN ANY WAY RELATED TO THE SERVICES OR DEVICES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESINDIRECT, INCLUDING LOST PROFITSSPECIAL, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OR FOR ANY LOST PROFITS OR BUSINESS REVENUE, LOST BUSINESS, LOSS OF THE USE DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR INABILITY TO USE ANY EQUIPMENT RENTED OTHER COMMERCIAL OR THE ALLEGED BREACH ECONOMIC LOSS OF ANY AGREEMENT DESCRIBED HEREINKIND WHATSOEVER REGARDLESS OF HOW SUCH COSTS, EVEN IN THE EVENT THAT XXXXXXXX CAMERA LOSSES OR XXXXXXXX CAMERA’S AGENTS DAMAGES WERE CAUSED OR AROSE AND WHETHER OR NOT SUCH COSTS, LOSSES OR DAMAGES ARE/WERE FORESEEABLE OR SUPPLIER ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS, LOSSES OR DAMAGES.. SUPPLIER SHALL ONLY BE LIABLE FOR DIRECT DAMAGES PROVIDED THAT SUPPLIER'S TOTAL AGGREGATE CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS FOR COSTS, LOSSES AND DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED THE LESSER OF $10,000 OR THE AMOUNTS RECEIVED BY SUPPLIER FROM CUSTOMER FOR SERVICES PROVIDED TO THE CUSTOMER DURING THE SIX MONTH PERIOD PRECEDING THE DATE OF THE INITIAL CLAIM. CUSTOMER'S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SUPPLIER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT, IF ANY, PAID DIRECTLY TO SUPPLIER BY CUSTOMER, FOR ACCESS TO THE SERVICES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM AROSE IN CONTRACT INCLUDING A FUNDAMENTAL BREACH, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR UNDER STATUTE. INDEMNIFICATION Customer agrees to indemnify, defend and hold Supplier, its officers, directors, employees, agents and representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) Customer's violation of this Agreement; (b) Customer's use of the Services or devices; (c) any act or omission of any of its Users; or

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT TRUSTONE IS ACCEPTED BY CUSTOMER “PROVIDING THE SERVICE "AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA " WITHOUT ANY WARRANTY OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. TRUSTONE DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. LIMITATION OF LIABILITY IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL XXXXXXXX CAMERA TRUSTONE OR ITS LICENSORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESDAMAGES WHATSOEVER (INCLUDING, INCLUDING LOST PROFITSWITHOUT LIMITATION, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINTHIRD PARTY, EVEN IN THE EVENT THAT XXXXXXXX CAMERA IF TRUSTONE OR XXXXXXXX CAMERA’S AGENTS ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON TRUSTONE, OUR LICENSORS OR SUPPLIERS, TRUSTONE AND OUR LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING SHALL CONSTITUTE TRUSTONE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT Xxxxxxxxxx’x obligations hereunder shall not apply to support, main- tenance, repair or replacement necessitated in whole or in part by catastrophe, fault or neg- ligence of the Customer, improper or unauthorized use including without limitation, use pri- or to completion of installation as verified by Xxxxxxxxxx, installation, modification or repair other than by Xxxxxxxxxx or its authorized technical representatives, unusual stress, power fail- ure, deviation from recommended maintenance procedures, or failure to maintain the prescribed conditions at the installation site or other failure to comply with applicable Documentation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTION 9.1 ARE EXCLUSIVE AND IN LIEU OF ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEESEXPRESS, EXPRESSED IM- PLIED OR IMPLIEDSTATUTORY (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANT- ABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR AGAINST INFRINGEMENT). XXXXXXXXXX DOES NOT WARRANT UNINTERRUPTED OR ERRORFREE OPERATION. THE REMEDY PROVIDED IN NO EVENT, UNDER NO CIRCUMSTANCES, SECTION 9.1 SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE CUSTOMER’S SOLE AND EXCLUSIVE REM- EDY FOR ANY DAMAGESFAILURE OF XXXXXXXXXX TO CONFORM WITH SUCH WARRANTY, INCLUDING LOST PROFITSAND CUS- TOMER SHALL HAVE NO CLAIM, LOST SAVINGS EXCEPT AS AFORESAID, AGAINST XXXXXXXXXX, ITS AFFIL- IATES OR OTHER DIRECT THE MANUFACTURER, SUPPLIER OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT LICENSOR OF THE USE PRODUCTS, SOFTWARE OR INABILITY TO USE ANY EQUIPMENT RENTED RELATED SERVICES, WHETHER BASED IN CONTRACT, NEGLIGENCE, PRODUCTS LI- ABILITY, TRADE PRACTICES, OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINOTHERWISE. REPAIR OR REPLACEMENT (OR REFUND, EVEN AS ELECTED BY XXXXXXXXXX) IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED MANNER PROVIDED ABOVE SHALL CONSTITUTE FULFILMENT OF ALL LIABILITIES OF XXXXXXXXXX WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE POSSIBILITY PRODUCTS, SOFTWARE OR RELATED SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SELECTION OF SUCH DAMAGESTHE PRODUCT(S) AND SERVICES TO ACHIEVE CUSTOMER’S INTENDED RESULTS OR FOR CUSTOMER’S PARTICULAR APPLICATIONS.

Exclusion of Warranties. CUSTOMER EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THE BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS, IMPLIED OR STATUTORY, CONCERNING USE OF THE SERVICES DESCRIBED HEREIN, INCLUDING THAT INTERNET ACCESS, THE BANK’S WEBSITE AND THE SERVICES WILL OPERATE OR BE PROVIDED UNINTERRUPTED OR ERROR FREE. THE BANK DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT MEET SPECIFIC REQUIREMENTS OF THE CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES BANK DISCLAIMS ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE THE CUSTOMER ASSUMES THE RISK AS TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE QUALITY AND PERFORMANCE OF THE SERVICES. THE BANK DOES NOT WARRANT THAT THE BANK SECURITY PROCEDURES WILL PREVENT ALL MISTAKES, UNAUTHORIZED ACCESS OR USE OR INABILITY TO USE FRAUD OR THAT ALL FEATURES OF THE BANK’S SECURITY PROCEDURES WILL ALWAYS BE EMPLOYED AND USED 24 HOURS A DAY, SEVEN DAYS A WEEK. THE CUSTOMER EXPRESSLY CONFIRMS THAT IT HAS NOT RELIED UPON ANY EQUIPMENT RENTED REPRESENTATION BY THE BANK NOT CONTAINED IN THIS AGREEMENT OR THE ALLEGED BREACH OTHER ACCOUNT DOCUMENTS AS A BASIS FOR ENTERING INTO THIS AGREEMENT. THE PROVISIONS OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN SECTION 9 SHALL SURVIVE THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED TERMINATION OF THE POSSIBILITY OF SUCH DAMAGESAGREEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT Xxxxxxxxxx shall have no obligation hereunder for support, main- tenance, repair or replacement necessitated in whole or in part by catastrophe, willful miscon- duct, fault or negligence of the Customer, impro- per or unauthorized use of the Products including, without limitation, use prior to completion of ins- tallation as verified by Xxxxxxxxxx, installation, modification or repair of the Products other than by Xxxxxxxxxx or its authorized technical repre- sentatives, unusual stress, power failure, deviation from recommended maintenance procedures, failure to maintain the prescribed conditions at the installation site or other failure to comply with applicable Documentation, or any cause beyond Xxxxxxxxxx’x reasonable control, including without limitation fires, floods, strikes or other labor dispu- tes, war, criminal disturbances, pandemics, power failure, acts of God or restrictions imposed by any governmental authority or agency. TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONTHE FULLEST EXTENT PERMITTED BY AP- PLICABLE LAW, DISCRETION THE WARRANTIES SET FORTH IN SECTION 9.1 ARE EXCLUSIVE AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF IN LIEU OF, AND XXXXXXXXXX DOES NOT MAKE, ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEESEXPRESS, EXPRESSED IMPLIED OR IMPLIEDSTATUTORY (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR AGAINST INFRINGEMENT). XXXXXXXXXX DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION. THE REMEDY PRO- VIDED IN NO EVENT, UNDER NO CIRCUMSTANCES, SECTION 9.1 SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGESFAI- LURE OF XXXXXXXXXX TO CONFORM WITH SUCH WARRANTY, INCLUDING LOST PROFITSAND CUSTOMER SHALL HAVE NO CLAIM, LOST SAVINGS EXCEPT AS AFORESAID, AGAINST XXXXXXXXXX, ITS AFFILIATES OR OTHER DIRECT THE MANUFACTURER, SUPPLIER OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT LICEN- SOR OF THE USE PRODUCTS, SOFTWARE OR INABILITY TO USE ANY EQUIPMENT RENTED RE- LATED SERVICES, WHETHER BASED IN CON- TRACT, NEGLIGENCE, PRODUCTS LIABILITY, TRADE PRACTICES, OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINOTHERWISE. REPAIR OR REPLACEMENT (OR REFUND, EVEN AS ELECTED BY XXXXXXXXXX) IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED MANNER PROVIDED ABOVE SHALL CONSTITUTE FULFILMENT OF ALL LIABILITIES OF XXXXXXXXXX WITH RE- SPECT TO THE QUALITY AND PERFORMANCE OF THE POSSIBILITY PRODUCTS, SOFTWARE OR RELATED SERVICES. CUSTOMER IS SOLELY RESPON- SIBLE FOR SELECTION OF SUCH DAMAGESTHE PRODUCT(S) AND SERVICES TO ACHIEVE CUSTOMER’S INTENDED RESULTS OR FOR CUSTOMER’S PARTICULAR APPLICATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT SUBJECT TO PROVIDER’S COMPLIANCE WITH ITS OBLIGATIONS AND RESPONSIBILITIES SET FORTH HEREIN, INCLUDING IN SECTIONS 2.4, 3.1, 4.1, AND 7.1 AND THIS SECTION 8, AND OTHERWISE WITH RESPECT TO THE INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR OUTPUT PROVIDED BY PROVIDER TO PURCHASER PURSUANT TO EACH SPPA, THE INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR OUTPUT SHALL BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONPROVIDED BY PROVIDER TO PURCHASER “AS-IS WHERE-IS.” NO OTHER WARRANTY TO PURCHASER OR ANY OTHER PERSON, DISCRETION AND OPINION WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERTHE INSTALLATION, EXPRESSED OR IMPLIEDDESIGN, REGARDING THE PERFORMANCE OF CAMERASDESCRIPTION, SERVICESQUALITY, SUPPLIESMERCHANTABILITY, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIESCOMPLETENESS, GUARANTEESUSEFUL LIFE, EXPRESSED OR IMPLIEDFUTURE ECONOMIC VIABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT PURPOSE OF THE USE SYSTEM, THE SOLAR OUTPUT OR INABILITY TO USE ANY EQUIPMENT RENTED OTHER SERVICE PROVIDED HEREUNDER OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY PROVIDER. PURCHASER MAKES NO REPRESENTATION OR WARRANTY AS TO THE EVENT THAT XXXXXXXX CAMERA LEVEL OF PAST, PRESENT OR XXXXXXXX CAMERAFUTURE ENERGY CONSUMPTION AT THE PREMISES, NOR SHALL ANY PROVISION OF THIS AGREEMENT REQUIRE PURCHASER TO CONTINUE TO OPERATE THE PREMISES OR RESTRICT PURCHASER’S AGENTS HAVE BEEN ADVISED RIGHTS TO SELL, LEASE OR DISPOSE OF THE POSSIBILITY PREMISES, PROVIDED THAT PURCHASER COMPLIES WITH THE TERMINATION REQUIREMENTS IN THIS MASTER AGREEMENT, INCLUDING THE PAYMENT OF SUCH DAMAGESANY EARLY TERMINATION FEE, IF APPLICABLE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED OR BORROWED FROM XXXXXXXX CAMERA LESS WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO THE EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA LESS OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM SUPPLIES OR OTHER EQUIPMENT RENTEDRENTED OR BORROWED. XXXXXXXX CAMERA LESS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO ANY CIRCUMSTANCES, SHALL XXXXXXXX CAMERA LESS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR TO ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITSREVENUE, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR BORROWED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA LESS OR XXXXXXXX CAMERALESS’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.