Common use of Warranties and Disclaimers Clause in Contracts

Warranties and Disclaimers. Limited Warranty. Anitian warrants to Subscriber that the Software will setup the Platform(s) properly. Provided that Subscriber notifies Anitian in writing of any breach of the foregoing warranty during the term hereof, Anitian shall, as Subscriber's sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY).

Warranties and Disclaimers. Limited Warranty. Anitian warrants to Subscriber that Except in the Software will setup the Platform(s) properly. Provided that Subscriber notifies Anitian in writing case of any breach Trial Subscription Services, UltraServe warrants that (i) it has the legal power and authority to enter into this Agreement and (ii) the Subscription Service will materially comply with the Documentation under normal use and circumstances. You warrant that (i) You have the legal power and authority to enter into this Agreement, (ii) You have neither falsely identified Yourself nor any user of the foregoing warranty during Subscription Service, nor provided any false information to gain access to the term hereofSubscription Service, Anitian shallnor does any Customer Data violate the privacy rights of, or defame, any data subject or third party, (iii) You have provided any necessary notices and obtained any necessary consents from applicable data subjects as Subscriber's required by applicable law for UltraServe and You to process Customer Data via the Subscription Service and (iv) the billing information You provided is correct. Your sole and exclusive remedyremedy for UltraServe’s breach of warranty is (at our option) to repair or replace the Subscription Service or refund to the entity that paid UltraServe the fees for the period in which the Subscription Service did not materially comply. In order to receive either of these remedies, provide You must promptly notify UltraServe of such breach. Except for the support express warranties set forth in Addendum B Software Support herein, to this Agreementthe extent allowed by applicable law, THE SERVICE IS PROVIDED ‘AS IS’ AND ULTRASERVE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. This warranty gives Subscriber specific legal rightsEXCEPT FOR ANY WARRANTY, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable ProductsCONDITION, the Products will conformREPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, in all material respectsULTRASERVE, with their Documentation. Anitian represents and warrants that it will performITS SUPPLIERS AND AUTHORIZED PARTNERS MAKE NO WARRANTY, consistent with industry practiceCONDITION, scans and run other virus and code review processes designed to ensure that the Products will not contain any virusREPRESENTATION, malwareOR TERM (EXPRESS OR IMPLIED, or any other computer codeWHETHER BY STATUTE, filesCOMMON LAW, or programs that are designed or intended to disruptCUSTOM, damageUSAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, or limit the functioning of any softwareWITHOUT LIMITATION, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND NONINFRINGEMENT OF THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTSRIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. ANITIAN IS NOT RESPONSIBLE YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE CLOUD USE OF AND RESULTS OBTAINED FROM THE SERVICE. WITHOUT LIMITING THE FOREGOING PROVISIONS, ULTRASERVE MAKES NO WARRANTY OR REPRESENTATION THAT: (1) THE SERVICE PROVIDER WILL BE COMPLETELY SECURE, ERROR-FREE, FREE FROM VIRUSES OR THIRD PARTY PRODUCTS, FREE FROM INTERRUPTIONS OR FOR ANY ACTS OTHER FAILURES; OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES (2) THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT WILL MEET YOUR BUSINESS REQUIREMENTS OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)OPERATE WITH YOUR EXISTING SYSTEMS.

Warranties and Disclaimers. Limited WarrantyEach party warrants that it has the legal power and authority to enter into this Agreement. Anitian Ultra Commerce warrants to Subscriber that the Software Fixed-Term Service will setup materially comply with the Platform(sDocumentation under normal use and circumstances. You warrant that (1) properly. Provided that Subscriber notifies Anitian in writing of You have neither falsely identified Yourself nor any breach user of the foregoing warranty during Fixed-Term Service, nor provided any false information to gain access to the term hereofFixed-Term Service, Anitian shallnor does any Customer Data violate the privacy rights of, or defame, any data subject or third party, (ii) You have provided any necessary notices and obtained any necessary consents from applicable data subjects as Subscriber's required by applicable law for Ultra Commerce and You to process Customer Data via the Fixed-Term Service and (iii) the billing information You provided is correct. Your sole and exclusive remedyremedy for Ultra Commerce’s breach of warranty is (at our option) to repair or replace the Fixed- Term Service or refund to the entity that paid Ultra Commerce the fees for the period in which the Fixed-Term Service did not materially comply. In order to receive either of these remedies, provide You must promptly notify Ultra Commerce of such breach. Except for the support express warranties set forth in Addendum B Software Support herein, to this Agreementthe extent allowed by applicable law, THE SERVICE IS PROVIDED ‘AS IS’ AND ULTRA COMMERCE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. This warranty gives Subscriber specific legal rightsEXCEPT FOR ANY WARRANTY, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable ProductsCONDITION, the Products will conformREPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, in all material respectsULTRA COMMERCE, with their Documentation. Anitian represents and warrants that it will performITS SUPPLIERS AND AUTHORIZED PARTNERS MAKE NO WARRANTY, consistent with industry practiceCONDITION, scans and run other virus and code review processes designed to ensure that the Products will not contain any virusREPRESENTATION, malwareOR TERM (EXPRESS OR IMPLIED, or any other computer codeWHETHER BY STATUTE, filesCOMMON LAW, or programs that are designed or intended to disruptCUSTOM, damageUSAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, or limit the functioning of any softwareWITHOUT LIMITATION, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND NONINFRINGEMENT OF THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTSRIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. ANITIAN IS NOT RESPONSIBLE YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE CLOUD USE OF AND RESULTS OBTAINED FROM THE SERVICE. WITHOUT LIMITING THE FOREGOING PROVISIONS, ULTRA COMMERCE MAKES NO WARRANTY OR REPRESENTATION THAT: (1) THE SERVICE PROVIDER WILL BE COMPLETELY SECURE, ERROR-FREE, FREE FROM VIRUSES OR THIRD PARTY PRODUCTS, FREE FROM INTERRUPTIONS OR FOR ANY ACTS OTHER FAILURES; OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES (2) THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT WILL MEET YOUR BUSINESS REQUIREMENTS OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)OPERATE WITH YOUR EXISTING SYSTEMS.

Warranties and Disclaimers. Limited WarrantyTHE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY HQO, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Anitian warrants SPECIFICALLY, BUT WITHOUT LIMITATION, HQO DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If you are a California resident, you hereby waive California Civil Code §1542, which says: " A general release does not extend to Subscriber claims that the Software will setup creditor or releasing party does not know or suspect to exist in his or her favor at the Platform(s) properly. Provided that Subscriber notifies Anitian in writing time of any breach of executing the foregoing warranty during release and that, if known by him or her, would have materially affected his or her settlement with the term hereof, Anitian shall, as Subscriber's sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, debtor or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third released party. Disclaimer" This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE PARTIES HERETO AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT WILL HQO BE LIABLE FOR THE CLOUD SERVICE PROVIDER ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR THIRD PARTY PRODUCTSCONSEQUENTIAL DAMAGES OF ANY KIND, LOST OR DAMAGED DATA, LOST PROFITS OR LOST REVENUE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HQO HAS BEEN NOTIFIED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL HQO’S LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AGGREGATE FEES PAID AND PAYABLE BY CUSTOMER TO HQO UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HQO SHALL NOT BE LIABLE FOR ANY ACTS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OMISSIONS EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HQO HAS BEEN ADVISED OF THE THIRD-PARTY PROVIDER POSSIBILITY OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITYSUCH DAMAGES).

Warranties and Disclaimers. Limited WarrantyTHE AIRCRAFT SHALL BE SOLD IN "AS IS, WHERE IS" CONDITION AT DELIVERY AND, EXCEPT AS PROVIDED IN SECTION 10.01 AND 12.01, SELLER MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAT SHALL SURVIVE DELIVERY BY SELLER TO BUYER HEREUNDER. Anitian warrants to Subscriber that the Software will setup the Platform(s) properlyBUYER WAIVES, RELEASES AND RENOUNCES ALL GUARANTEES, WARRANTIES, REPRESENTATIONS, OBLIGATIONS, COVENANTS AND LIABILITIES OF SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN THE AIRCRAFT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR USE OR MERCHANTABILITY OR USE FOR A PARTICULAR PURPOSE, ANY LIABILITY ARISING FROM STRICT LIABILITY IN TORT, PRODUCTS LIABILITY, IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AIRWORTHINESS OR LOSS OF USE, PROFIT OR OTHER CONSEQUENTIAL DAMAGES OR WITH RESPECT TO ANY LESSEE. Provided that Subscriber notifies Anitian Nothing in writing of any breach of the foregoing warranty during is intended to limit the term hereof, Anitian shall, as Subscriber's sole specific provisions of this Agreement or the rights and exclusive remedy, provide the support set forth remedies of Buyer specifically provided for in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rightsSeller shall extend to Buyer the rights and benefits, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure extent that the Products will same are not contain any virusextinguished by the sale of the Aircraft, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any softwarewarranties, hardware, or telecommunications equipment or service life policies and patent indemnities of any Manufacturer and any maintenance and overhaul agencies of and for each of the Aircraft which Seller may have. Seller also hereby grants to damage or obtain access Buyer rights of subrogation relating to any data or other information of Subscriber or any third partyclaim which Seller may have under such warranties concerning the Aircraft. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)Seller shall take such action as Buyer may reasonably request and as may be reasonably necessary to secure such rights and protection for Buyer.

Warranties and Disclaimers. Limited Warranty9.1. Anitian DI warrants to Subscriber that the Software will setup Work Product, furnished hereunder and used within the Platform(s) properly. Provided that Subscriber notifies Anitian in writing scope of any breach this Agreement, shall not infringe or misappropriate a U.S. patent issued as of the foregoing warranty during the term hereofEffective Date, Anitian shallcopyright, as Subscriber's sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, trademark or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning trade secret of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any a third party. DisclaimerAs Customer’s exclusive remedy under the warranty set forth herein and the sole obligation of DI for breach of this warranty, DI will, at its sole option and expense, choose to (a) modify the infringing Work Product so that it is non-infringing; (b) replace the infringing Work Product with non-infringing Work Product which is functionally equivalent; (c) obtain a license for Customer to continue to use the Work Product as provided hereunder at no cost to Customer; or if none of (a), (b), or (c) is commercially reasonable, then (d) terminate the license for the infringing Work Product and refund the prorated Fees paid for the infringing Work Product, based on a five (5) year period from the Effective Date. THIS SECTION STATES THE CLOUD SERVICE PROVIDER ENTIRE LIABILITY AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OBLIGATION OF DI AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND RECOURSE WITH RESPECT TO ANY ACTUAL OR THIRD PARTY PRODUCTS, ALLEDGED INFRINGEMENT OR FOR MISAPPROPRIATION OF ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)’S RIGHTS BY THE WORK PRODUCT. Notwithstanding the foregoing, this warranty obligation shall not extend to any claims of infringement arising out of or related to (i) use of the Work Product outside the scope of the Documentation, (ii) a modification of the Work Product by anyone other than DI or its authorized agent; (ii) the incorporation into the Work Product of any feature or information provided by or requested by Customer; (iii) a combination of the Work Product with any third party software or equipment not specified in the Documentation, where such combination is the cause of such infringement; or (iv) the use of a version of the Work Product other than the then-current version made available to Customer, if the infringement would have been avoided by use of the then-current version and Customer has been made aware of this fact by DI.

Warranties and Disclaimers. Limited WarrantyUnless otherwise quoted, PLANET warrants that its products will be free from defects in workmanship for a period of 90 days from the date of shipment and free from defects in material for a period of 270 days from the date of shipment. Anitian warrants to Subscriber that the Software will setup the Platform(s) properly. Provided that Subscriber notifies Anitian This defects in writing of any breach material warranty covers replacement of the foregoing part(s) only and does not cover normal wear and tear items, not items that fail because of improper operation and/or improper maintenance. Commercial components, i.e., electronic parts, motors, switches, etc., will carry the warranty during as specified by the term hereofOEM, Anitian shalland will be passed on to the BUYER. NO OTHER WARRANTY, as SubscriberEXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IS MADE FOR THESE PRODUCTS, AND ALL OTHER WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. XXXXX agrees that PLANET 's liability and BUYER’s sole and exclusive remedyremedy pursuant to any claim of any kind, provide including but not limited to a claim in contract, negligence, professional malpractice or strict liability, against PLANET or any of its affiliates, shall be (a) the support set forth repair, replacement or reassembly, at PLANET 's option, of defective products or parts thereof, or (b) a refund of the price allocable to the defective product or part thereof if PLANET is unable, effectively, to repair, replace, reassemble or correct such defect within reasonable time after using its best efforts, or (c) in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Productsthose situations where PLANET has provided only engineering or design services, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning correction of any softwareengineering or design defect, hardwarehowever this does not include any reworking or remanufacturing caused by any defect or error in PLANET 's engineering or design. SUCH REPAIR, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER REPLACEMENT OR REFUND SHALL CONSTITUTE FULL AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FINAL DISCHARGE FROM ANY AND ALL CLAIMS FOR THE CLOUD SERVICE PROVIDER DAMAGE OR THIRD PARTY PRODUCTSLOSS RESULTING FROM ANY CAUSE WHATSOEVER, WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND PLANET SHALL HAVE NO OTHER LIABILITY, DIRECT OR INDIRECT, OF ANY KIND, INCLUDING LIABILITY FOR SPECIAL, INCIDENTAL, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)CONSEQUENTIAL DAMAGES.

Warranties and Disclaimers. Limited Warranty. Anitian warrants to Subscriber that the Software will setup the Platform(s) properly. .Provided that Subscriber notifies Anitian in writing of any breach of the foregoing warranty during the term hereof, Anitian shall, as Subscriber's ’s sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S ’S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF CASEOF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S ’S NETWORKS OR SERVERS OR COMPROMISE SECURITY).

Warranties and Disclaimers. Limited WarrantyTHE SERVICES INCLUDING, BUT NOT LIMITED TO, THE THIRD PARTY LICENSES AND ANY HOSTING AND STORAGE SERVICES PROVIDED BY THIRD PARTIES TO FACILITATE THE SERVICES, ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW All OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE SERVICE. Anitian warrants to Subscriber WITHOUT DEROGATING FROM THE AFORESAID, IDOMOO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE SYSTEM. The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties, including third party hosting and storage services. These factors are not fault free. We do not warrant or guarantee that the Software will setup the Platform(s) properly. Provided that Subscriber notifies Anitian in writing of any breach of the foregoing warranty during the term hereofServices (including, Anitian shall, as Subscriber's sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Productswithout limitation, the Products hosting and storage services) will conformoperate without disruption, in all material respectslimitations, with their Documentation. Anitian represents and warrants that it will performdelays, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malwareerrors or interruptions, or any other computer code, filesthat they will be accessible, or programs that are designed or intended to disrupt, damageavailable at all times, or limit immune from unauthorized access or error free. To the functioning of any software, hardware, extent you present or telecommunications equipment or display the Customized Video to damage or obtain access to any data or other information of Subscriber or any third party, you will do so on your sole responsibility, and not on behalf of Idomoo or any of its Third Party Licensors. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTSWithout derogating from any other provisions of this Agreement, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES you agree to indemnify and hold Idomoo and its Third Party Licensors harmless from any liability, damages, losses, costs and expenses (E.G.including attorneys’ fees), IN THE CASE OF A VIRUSif and when incurred, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)resulting from or in connection with such presentation or display of the Customized Video to third parties.

Warranties and Disclaimers. Limited Warranty. Anitian Lessor warrants that, (i) as of the Installation Date, Lessor shall have title to Subscriber that the Software will setup Equipment or the Platform(sright to lease the Equipment to Lessee, and (ii) properly. Provided that Subscriber notifies Anitian so long as Lessee shall not be in writing material default of any of the provisions of any Lease, neither Lessor nor any Assignee or Secured Party will disturb Lessee's quiet enjoyment of the possession and use of the related Equipment for its intended purpose. Lessor hereby assigns to Lessee, to the extent assignable, the benefit of any applicable manufacturers warranties; provided, however, that Lessee's sole remedy for the breach of any such warranty shall be against the foregoing warranty during manufacturer of the term hereof, Anitian shall, as Subscriber's sole Equipment and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreementnot against Lessor. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdictionLESSEE ACKNOWLEDGES THAT LESSOR IS NEITHER THE MANUFACTURER OR SELLER OF THE EQUIPMENT NOR AN AGENT OF ANY SUCH PERSON. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE EXCEPT FOR THE CLOUD SERVICE PROVIDER EXPRESS WARRANTIES IN THIS SECTION 5, LESSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR THIRD PARTY PRODUCTSIMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE EQUIPMENT OR ANY SOFTWARE USED ON THE EQUIPMENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. LESSEE LEASES THE EQUIPMENT, AND TAKES IT "AS IS, WHERE IS WITH ALL FAULTS." LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR OTHER REDUCTION OR SET OFF IN RENT, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE (INCLUDING NEGLIGENCE OR STRICT LIABILITY) CAUSED, DIRECTLY OR INDIRECTLY, BY THE EQUIPMENT OR ANY SOFTWARE, OR BY THE USE, MAINTENANCE, INTERRUPTION/LOSS OF SERVICE, OR ANY DELAY OR FAILURE TO PROVIDE ANY PART THEREOF, OR BY ANY REPAIRS, SERVICES, OR ADJUSTMENTS THERETO, OR FOR ANY ACTS LOSS OF BUSINESS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTSOTHER DAMAGES WHATSOEVER. SUBSCRIBER ACKNOWLEDGES LESSEE AGREES THAT THE PROVIDER DISCLAIMERS OF WARRANTIES IN THIS LEASE ARE FUNDAMENTAL TO THIS TRANSACTION AND ARE EXPRESSLY BARGAINED FOR, AND LESSOR WOULD NOT HAVE ENTERED INTO THIS MASTER LEASE WITHOUT SUCH DISCLAIMERS. LESSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST PROFITS OF LESSEE OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGE TO, OR ANY LOSS OR EXPENSE OF LESSEE RESULTING FROM, RELATING TO OR IN ANY WAY BASED ON THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA LEASE, THE EQUIPMENT, ANY SOFTWARE OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)THEREOF.

Warranties and Disclaimers. Limited Warranty. Anitian warrants to Subscriber that the Software will setup the Platform(s) properly. Provided that Subscriber notifies Anitian in writing of any breach of the foregoing warranty during the term hereof, Anitian shall, as Subscriber's sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY).

Warranties and Disclaimers. Limited Warranty. Anitian Each Party represents and warrants to Subscriber that the Software will setup other Party that: (i) such Party is a business duly incorporated, validly existing, and in good standing under the Platform(slaws of its jurisdiction of incorporation; (ii) properly. Provided that Subscriber notifies Anitian in writing such Party has all requisite corporate power, financial capacity, and authority to execute, deliver, and perform its obligations under this Agreement; (iii) the execution, delivery, and performance of this Agreement constitutes the legal, valid, and binding agreement of such Party; and (v) no consent, approval or withholding of objection is required from any breach of the foregoing warranty during the term hereofentity, Anitian shallincluding any governmental authority, as Subscriber's sole and exclusive remedy, provide the support set forth in Addendum B Software Support with respect to such Party’s entering into this Agreement. This warranty gives Subscriber specific legal rightsUnless otherwise provided under this Agreement, the Services shall be provided by Bakersfield’s Choice to the Client "as is," and “as available”. BAKERSFIELD’S CHOICE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CLIENT’S USE OF THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION. BAKERSFIELD’S CHOICE DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY THE CLIENT AS A RESULT OF ACCESSING/USING THE SERVICES. AS SUCH, BAKERSFIELD’S CHOICE WILL NOT BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY THE CLIENT. The Client acknowledges that the views, thoughts, information, and Subscriber may also have other rights which vary from jurisdiction opinions expressed in the Product Review video shall belong solely to jurisdictionBakersfield’s Choice, and do not necessarily reflect or represent the views of the Client. Anitian warrants that during Bakersfield’s Choice is not responsible and does not verify the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning accuracy of any software, hardware, or telecommunications equipment or information/data contained on the Product Review video and made available on Bakersfield’s Choice’s social media account(s). The primary purpose of the Product Review video is to damage or obtain access to any data or other information educate and inform the public of Subscriber or any third partythe products and services available at local Bakersfield businesses. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, OR FOR ANY ACTS OR OMISSIONS OF THE THIRDThe Product Review video shall be available for personal and non-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)commercial purposes only.

Warranties and Disclaimers. Limited Warranty. Anitian warrants Subject to Subscriber that the Software will setup the Platform(s) properly. Provided that Subscriber notifies Anitian limitations of this section and subject to such limitations as are expressly provided elsewhere in writing of any breach of the foregoing warranty during the term hereofthis Addendum, Anitian shall, as Subscriber's sole PARADIGM represents and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during PARADIGM has the Subscription Term for legal right to perform the applicable ProductsServices and provide Products to CUSTOMER and its Authorized Users, the Products will conformeither itself or through third parties. The Services provided by it hereunder shall be performed, in all material respects, with their Documentationin a professional, timely, and workmanlike manner. Anitian represents In the event CUSTOMER believes PARADIGM has breached the warranty in the foregoing sentence, CUSTOMER shall promptly notify PARADIGM thereof including information necessary to allow PARADIGM to examine the issue and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain re-perform any virus, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. DisclaimerServices containing reproducible errors. THE CLOUD SERVICE PROVIDER SERVICES AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTSPROVIDED TO CUSTOMER ON AN “AS IS,” WITH ALL FAULTS BASIS. ANITIAN IS NOT RESPONSIBLE PARADIGM MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE EXCEPT FOR THE CLOUD SERVICE PROVIDER EXPRESS WARRANTIES AND COVENANTS HEREIN. PARADIGM MAKES NO REPRESENTATION OR THIRD PARTY PRODUCTS, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES WARRANTY THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S SERVICES DATA OR THE RESOURCES MADE AVAILABLE VIA SOFTWARE IS ACCURATE, COMPLETE, OR RELIABLE. PARADIGM FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT CUSTOMER’S ACCESS TO AND USE OF THE CLOUD SERVICE PROVIDER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; FREE OF VIRUSES, UNAUTHORIZED CODE, OR POTENTIALLY HARMFUL COMPONENTS; WITHOUT DELAY; OR SECURE. For the avoidance of doubt, PARADIGM makes no warranties of any kind in regard to the services provided by any telephone company or other telecommunications provider. PARADIGM shall not be responsible for any failure of any telecommunications provider however constituted or described. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply. Exclusion of Damages. IN CERTAIN CIRCUMSTANCES (E.G.NO EVENT SHALL PARADIGM BE LIABLE TO CUSTOMER FOR ANY INDIRECT, NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, LOST SAVINGS, LOSS OF DATA OR BUSINESS OPPORTUNITY, ANY GOVERNMENTAL, AGENCY, AND/OR REGULATORY FINES OR COSTS, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THE SERVICES OR ENGAGEMENT HARDWARE, OR ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY PARADIGM OR ANY THIRD PARTY SOFTWARE PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH IN THE CASE AGREEMENT FAILS OF A VIRUSITS ESSENTIAL PURPOSE. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, DENIAL-OF-SERVICEonly if required by applicable law, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)some or all of the exclusions above may not apply.

Warranties and Disclaimers. Limited WarrantyEach party warrants that it has the legal power and authority to enter into this Agreement. Anitian UltraServe warrants to Subscriber that the Software Fixed-Term Service will setup materially comply with the Platform(sDocumentation under normal use and circumstances. You warrant that (1) properly. Provided that Subscriber notifies Anitian in writing of You have neither falsely identified Yourself nor any breach user of the foregoing warranty during Fixed-Term Service, nor provided any false information to gain access to the term hereofFixed-Term Service, Anitian shallnor does any Customer Data violate the privacy rights of, or defame, any data subject or third party, (ii) You have provided any necessary notices and obtained any necessary consents from applicable data subjects as Subscriber's required by applicable law for UltraServe and You to process Customer Data via the Fixed-Term Service and (iii) the billing information You provided is correct. Your sole and exclusive remedyremedy for UltraServe’s breach of warranty is (at our option) to repair or replace the Fixed- Term Service or refund to the entity that paid UltraServe the fees for the period in which the Fixed-Term Service did not materially comply. In order to receive either of these remedies, provide You must promptly notify UltraServe of such breach. Except for the support express warranties set forth in Addendum B Software Support herein, to this Agreementthe extent allowed by applicable law, THE SERVICE IS PROVIDED ‘AS IS’ AND ULTRASERVE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. This warranty gives Subscriber specific legal rightsEXCEPT FOR ANY WARRANTY, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable ProductsCONDITION, the Products will conformREPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, in all material respectsULTRASERVE, with their Documentation. Anitian represents and warrants that it will performITS SUPPLIERS AND AUTHORIZED PARTNERS MAKE NO WARRANTY, consistent with industry practiceCONDITION, scans and run other virus and code review processes designed to ensure that the Products will not contain any virusREPRESENTATION, malwareOR TERM (EXPRESS OR IMPLIED, or any other computer codeWHETHER BY STATUTE, filesCOMMON LAW, or programs that are designed or intended to disruptCUSTOM, damageUSAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, or limit the functioning of any softwareWITHOUT LIMITATION, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND NONINFRINGEMENT OF THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTSRIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. ANITIAN IS NOT RESPONSIBLE YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE CLOUD USE OF AND RESULTS OBTAINED FROM THE SERVICE. WITHOUT LIMITING THE FOREGOING PROVISIONS, ULTRASERVE MAKES NO WARRANTY OR REPRESENTATION THAT: (1) THE SERVICE PROVIDER WILL BE COMPLETELY SECURE, ERROR-FREE, FREE FROM VIRUSES OR THIRD PARTY PRODUCTS, FREE FROM INTERRUPTIONS OR FOR ANY ACTS OTHER FAILURES; OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES (2) THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT WILL MEET YOUR BUSINESS REQUIREMENTS OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)OPERATE WITH YOUR EXISTING SYSTEMS.

Warranties and Disclaimers. Limited WarrantyEach Party warrants that it has validly entered into this Agreement and has the legal power to do so. Anitian CrowdStreet warrants that (a) the Subscription Services as provided and when used in accordance with the Documentation, will perform in all material respects as specified in such Documentation during the Subscription Term, and (b) CrowdStreet will not knowingly introduce any viruses, worms, time bombs, Trojan horses, or other harmful code designed to Subscriber that permit unauthorized access of the Software will setup Subscription Services or Customer's computer systems (collectively referred to as "Viruses"). In the Platform(s) properly. Provided that Subscriber notifies Anitian in writing event of any breach of the warranties in subsections (a) and (b) above, CrowdStreet will, as its sole liability and Customer's sole remedy, diligently remedy any deficiencies that cause the Services to not conform to the foregoing warranty during promptly after its receipt of written notice from Customer. CrowdStreet will not be liable to the term hereofextent that any breach of the foregoing warranties are caused by (1) third-party components not provided by CrowdStreet, Anitian shall, as Subscriber's sole and exclusive remedy, provide the support set forth including their use in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during combination with the Subscription Term for Services; (2) unauthorized use or use of the applicable ProductsSubscription Services other than in accordance with the Documentation; or (3) Viruses introduced by Customer, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malwareits agents, or any other computer codeUsers (collectively, files"Exclusions"). EXCEPT AS EXPRESSLY PROVIDED HEREIN, or programs that are designed or intended to disruptNEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, damageWHETHER EXPRESS, or limit the functioning of any softwareIMPLIED, hardwareSTATUTORY OR OTHERWISE, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third partyAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WAARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)CrowdStreet 10.

Warranties and Disclaimers. Limited Warranty. Anitian GIW warrants that: (i) it has all necessary rights and authority to Subscriber that enter into and perform this Agreement; (ii) the Software Royalty Free Content will setup the Platform(s) properly. Provided that Subscriber notifies Anitian be free from defects in writing of any breach of the foregoing warranty during the term hereof, Anitian shall, as Subscribermaterial and workmanship for 30 days from delivery (Licensee's sole and exclusive remedyremedy for a breach of this warranty being the replacement of the Content); (iii) Licensee’s use of the Content in accordance with this Agreement and in the form delivered by GIW (i.e., provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products excluding any modifications by Licensee) will not contain infringe on any virus, malware, copyrights or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning moral rights of any softwareperson or entity; and (iv) if a release is provided by GIW pursuant to Section 6, hardwareLicensee’s use of the Content and in accordance with this Agreement and in the form delivered by GIW (i.e., excluding any modifications by Licensee) will not, where a property release is provided, infringe on any trademark and/or will not, where a model release is provided, violate any right of privacy or telecommunications equipment or to damage or obtain access to any data or other information right of Subscriber or any third partypublicity. DisclaimerGeneral Disclaimers and Limitation of Liability GIW MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE IMAGES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GIW SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF GIW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. GIW’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE CONTENT. THE CLOUD SERVICE PROVIDER REPRESENTATIONS AND THIRD PARTY PRODUCTS ARE WARRANTIES MADE BY GIW IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY GIW AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTSSPECIFICALLY AUTHORIZED IN THIS AGREEMENT, OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. GIW SHALL NOT BE LIABLE FOR ANY ACTS DAMAGES, COSTS OR OMISSIONS LOSSES ARISING OUT OF OR AS A RESULT OF MODIFICATIONS MADE TO THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA CONTEN BY LICENSEE OR THE RESOURCES MADE AVAILABLE VIA CONTEXT IN WHICH THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)CONTENT IS USED BY LICENSEE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranties and Disclaimers. Limited Warranty. Anitian warrants Subject to Subscriber that the Software will setup the Platform(s) properly. Provided that Subscriber notifies Anitian in writing of any breach of the foregoing warranty during the term hereof, Anitian shall, as Subscriber's sole and exclusive remedy, provide the support limitations set forth elsewhere in Addendum B Software Support to this the Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian Licensor represents and warrants that it will performhas the right to enter into this Agreement and to license the rights to use Content as provided herein, consistent and that use ofthe Content by Authorized Users in accordance with industry practice, scans and run other virus and code review processes designed to ensure that the Products will tenns of this Agreem()nt shall not contain any virus, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit infringe the functioning copyright of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. DisclaimerLicensor agrees to indemnify and hold Institutional Licensee and Authorized Users hannless for any claims, damages, liabilities and damages including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright arising out of the use of the Content by the Institutional Licensee or its Authorized Users in accordance with the terms of this Agreement. Indemnification under this Agreement is contingent on the indemnified party promptly notifying indemnifying party of any such claims. tfhe indemnifying party shall have the sole right to defend such claims at its own expense. tfhe other party shall provide, at the indemnifying party's expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity shall survive the termination of this Agreement. Licensor does not warrant that the EAAP will be usefully accessible in every hardware/software environment. Licensor does not warrant the accuracy or completeness of any information contained on the EAAP, or its merchantability or fitness for a particular purpose. XIV. LIMITATIONS ON WARRANTIES EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THE LICENSOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR PUBLISHERS (COLLECTNELY "CONTENT PROVIDERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, ITS OPERATION, SOFTWARE, OR THE CONTENT, INFORMATION, PRODUCTS OR MATERIALS INCLUDED IN THE SITE, ALL OF WlllCH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE CONTENT BY THE LICENSOR. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LICENSOR AND ALL CONTENT PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, , COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR THE ABSENCE OF ERRORS OR OMISSIONS. THE CLOUD SERVICE PROVIDER PUBLISHER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR ALL CONTENT PROVIDERS FURTHER MAKE NO WARRANTIES W ITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTSTRANSMISSION OF A COMPUTER VIRUS, W ORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER VIRUS. Neither Licensor nor Institutional Licensee shall have any liability to any person for any loss or damage arising out of use of, or inability to use, the EAAP. IN NO EVENT WILL EITHER LICENSOR OR INSTITUTIONAL LICENSEE BE LIABLE FOR ANY ACTS FORM OF INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR OMISSIONS CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOOD WILL AND/OR BUSINESS REPUTATION, AND ADDITIONAL LABOR COSTS) OF ANY CHARACTER OR KIND, WHETHER BASED ON BREACH OF CONTRACT, TORT, OR ANY OTHER KIND OF CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE THIRD-PARTY PROVIDER POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO GROSS NEGLIGENCE OR WILFULL MISCONDUCT, LIABILITY UNDER TIDS AGREEMENT SHALL NOT EXCEED THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTSFEES PAID TO THIS AGREEMENT. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES xv. FORCE MAIEURE Neither the Licensor nor Institutional Licensees or Authorized Users will be liable for failures or delays in performing their obligations pursuant to this contract arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labor disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods and in the event of any such delay, the time for either party's performance will be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond thirty (E.G.30) consecutive days, IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)either party may terminate its agreement with the other by giving written notice to the other pai1y.

Warranties and Disclaimers. Limited WarrantyXxxxxxxx has no special relationship with or fiduciary duty to you. Anitian warrants to Subscriber You acknowledge that the Software will setup the Platform(s) properly. Provided that Subscriber notifies Anitian in writing of any breach of the foregoing warranty during the term hereof, Anitian shall, as Subscriber's sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rightsSubvenio has no control over, and Subscriber no duty to take any action regarding: which users gain access to the Sites or Service; what Content you access via the Sites or Service; what effects the Content may also have other rights which vary from jurisdiction on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to jurisdictionthe Content. Anitian warrants that during Subvenio makes no representations concerning any Content contained in or accessed through the Subscription Term Sites or Service, and Subvenio will not be responsible or liable for the applicable Productsaccuracy, copyright compliance, legality or decency of material contained in or accessed through the Products will conformSites or the Service. ALL SITES’ INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, in all material respectsAND Subvenio SPECIFICALLY DISCLAIMS ALL WARRANTIES, with their DocumentationCONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Anitian represents and warrants that it will performADDITIONALLY, consistent with industry practiceIN NO EVENT WILL Subvenio BE LIABLE FOR ANY DIRECT, scans and run other virus and code review processes designed to ensure that the Products will not contain any virusINDIRECT, malwareINCIDENTAL, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER SPECIAL OR THIRD PARTY PRODUCTSCONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY ACTS THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR OMISSIONS TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THESE SITES OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ADVISED OF THE THIRD-PARTY PROVIDER POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE CLOUD SERVICE PROVIDER ESSENTIAL PURPOSE OF ANY REMEDY. Subvenio RESERVES THE RIGHT TO MAKE CHANGES OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE UPDATES TO ACCESS SUBSCRIBER'S DATA THESE SITES OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER PRODUCTS OR PROGRAMS DESCRIBED IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)THESE SITES AT ANY TIME WITHOUT NOTICE.

Warranties and Disclaimers. Limited WarrantyTHERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, MADE BY THE COMPANY HEREIN, EXCEPT FOR THE LIMITED WARRANTY AGAINST DEFECTS IN MATERIALS SET FORTH IN THE FOLLOWING PARAGRAPH. Anitian The Company warrants to Subscriber that the Software will setup Products shall meet the Platform(s) properlystandard written specifications of the Company in effect as of the date of delivery. Provided that Subscriber notifies Anitian in writing THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCTS SUBJECT TO THE CONTRACT ARE NOT WARRANTED AS SUITABLE FOR ANY PARTICULAR PURPOSE PARTICULAR TO BUYER. THE SUITABILITY OF PRODUCTS FOR ANY PURPOSE PARTICULAR TO BUYER IS FOR BUYER, IN BUYER’S SOLE JUDGMENT, TO DETERMINE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE SELECTION OR FURNISHING OF PRODUCTS SUITABLE TO THE INDIVIDUAL NEEDS AND PURPOSES OF BUYER. No claim of any breach kind against the Company shall exceed the Price of the foregoing warranty during Products that has actually been paid to the term hereof, Anitian shall, as Subscriber's Company under the Contract; provided further that the size of any claim shall be limited in amount to the Price of the particular Order of Products and/or the Price of the actual quantity of Products delivered for which the Buyer is making a claim. The remedy hereby provided shall be the sole and exclusive remedyremedy of Buyer; and any right of the Buyer to loss of profits or for special, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rightsindirect, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Productsincidental, the Products will conformexemplary, in all material respects, with their Documentation. Anitian represents and warrants that it will perform, consistent with industry practice, scans and run other virus and code review processes designed to ensure that the Products will not contain any virus, malware, punitive or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning consequential damages of any software, hardware, kind is hereby excluded. No charges or telecommunications equipment or to damage or obtain access expenses incident to any data or other information claims will be allowed unless approved in writing by an authorized representative of Subscriber or any third party. Disclaimer. THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, OR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY)the Company.