Common use of Warranty Disclaimer and Limitation of Liability Clause in Contracts

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARE.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESSEDINTERMEDIA DISCLAIMS ALL WARRANTIES, IMPLIED EXPRESS, IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT PURPOSE AND MERCHANTABILITY. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE UNDER NO CIRCUMSTANCES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARETHE APPLICATION OR THE SERVICE, EVEN IF XXXXXX SOFTWARE INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR RELATED THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREYOU.

Warranty Disclaimer and Limitation of Liability. ANY DATA CUSTOMER ENTERS INTO THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING OFFERINGS, AND ANY CUSTOMIZATIONS MADE TO THE SOFTWAREOFFERINGS BY OR FOR CUSTOMER, WHETHER EXPRESSEDDURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATA, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT BEFORE THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY END OF THE SOFTWARE ("SUPPLIERS") TRIAL PERIOD. DURING THE FREE TRIAL PERIOD THE OFFERINGS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND CORELIGHT SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, ANY TYPE WITH RESPECT TO THE OFFERINGS FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CORELIGHT’S LIABILITY WITH RESPECT TO THE OFFERINGS PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SOFTWARE OFFERINGS DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE OFFERINGS DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. FOR THE AVOIDANCE OF DOUBT, CORELIGHT SHALL NOT BE RESPONSIBLE FOR DAMAGE TO OR LOSS OF OR SECURITY OF ANY MEDIA, PROGRAMS, CONFIGURATIONS, OR DATA. CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE OFFERINGS DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT ARE LIMITED AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE OFFERING’S DOCUMENTATION DURING THE FREE TRIAL PERIOD TO BECOME FAMILIAR WITH THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE FEATURES AND FUNCTIONS OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OFFERING BEFORE MAKING A PURCHASE OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREOFFERING IN PRODUCTION.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE SOFTWARE IS WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED ON AN "TO YOU “AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING .” TO THE SOFTWAREFULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESSEDWE, IMPLIED OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR STATUTORYIMPLIED, INCLUDING BUT NOT LIMITED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY(I) ERRORS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTIONMISTAKES, OR DELIVERY INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE WEBSITE, ("SUPPLIERS"III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, CONSEQUENTIALINCIDENTAL, INCIDENTAL PUNITIVE OR PUNITIVE CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/HOWEVER ARISING) OR SAVINGS(II) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH FOR ANY DIRECT DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION(IN THE AGGREGATE) $100. YOU AGREE THAT ANY CLAIM OR CAUSE THE FOREGOING LIMITATION OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE SHALL APPLY TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF FULLEST EXTENT PERMITTED BY LAW IN THE SOFTWAREAPPLICABLE JURISDICTION.

Warranty Disclaimer and Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE APP AND RELIANCE ON ITS FEATURES< FUNCTIONALITY AND INTERFACES IS AT YOUR OWN RISK. YAOW AND ITS AFFILIATES AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE APP, THE SOFTWARE, ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE, THE USER CONTENT, THE SERVICES PROVIDED THROUGH THE APP OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE APP, ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE, THE SOFTWARE, THE USER CONTENT AND THE SERVICES PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND YAOW AND ITS AFFILIATES AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXX SOFTWARE YAOW RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE APP, IN ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE. YAOW DOES NOT MAKE AND EXPRESSLY DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL ANY REPRESENTATIONS, WARRANTIES RELATING OR GUARANTEES TO YOU REGARDING THE SERVICES PROVIDED THROUGH THIS APP. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT ANY FEATURE OR FUNCTIONALITY IN THE APP OR THE APP ITSELF WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, WHETHER EXPRESSED, IMPLIED APPLICATIONS OR STATUTORYSERVICES. YOU ASSUME ALL RISK FOR USE OF YAOW’S PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES THE APP, AND YOU ARE COMPLETELY RESPONSIBLE FOR TAKING ALL SAFETY AND SECURITY PRECAUTIONS FOR THE USE OF SATISFACTORY QUALITYSUCH PRODUCTS AND SERVICES. YAOW, MERCHANTABILITYITS AFFILIATES AND AGENTS, FITNESS FOR A PARTICULAR PURPOSEAND THEIR RESPECTIVE OFFICERS, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTEDDIRECTORS, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED MANAGERS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL NO EVENT BE LIABLE FOR ANY SPECIALINCIDENTIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES FOR LOSS OF USE, LOST REVENUESDATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOST PROFITS AND/OR SAVINGS) ARISING OUT COSTS OF COVER, WHETHER RESULTING FROM OR CAUSED BY THE USE APP, THE SOFTWARE, CONTENT, THE USER CONTENT, THE SERVICES PROVIDED THROUGH THIS APP, THIS AGREEMENT OR INABILITY TO USE SUCH SOFTWAREOTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE), EVEN IF XXXXXX SOFTWARE HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. IN NO EVENT SHALL YAOW BE HELD RESPONSIBLE OR CLAIMSLIABLE TO YOU FOR THE CONDUCT OF THIRD PARTIES. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE OUR AGGREGATE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH ARISING OUT OF THIS AGREEMENT ARE WILL NOT EXCEED ONE HUNDRED EURO (100 EUR). IN ANY CASE, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID FULLEST EXTENT PERMITTED BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREAPPLICABLE LAW.

Warranty Disclaimer and Limitation of Liability. EXCEPT FOR THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE LIMITED WARRANTY SET FORTH IN SECTION 6, Simpleview MAKES NO WARRANTIES HEREUNDER, AND Simpleview EXPRESSLY DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREOTHER WARRANTIES, WHETHER EXPRESSEDEXPRESS OR IMPLIED, IMPLIED OR STATUTORYINCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES THE TOTAL LIABILITY OF Simpleview HEREUNDER FOR ANY SERVICES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE PROPERLY PERFORMED ("SUPPLIERS"INCLUDING ANY LIABILITY FOR NEGLIGENCE) SHALL BE LIMITED, AT THE SOLE DISCRETION OF Simpleview, TO (a) PERFORMING THOSE SERVICES CORRECTLY, OR (b) IF SUCH PERFORMANCE IS IMPOSSIBLE, TO THE AMOUNT’S PAID TO Simpleview FOR THE SERVICES THAT WERE IMPROPERLY PERFORMED. IN NO EVENT SHALL Simpleview BE LIABLE FOR ANY SPECIALINDIRECT, INDIRECTINCIDENTAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE, RELIANCE OR PUNITIVE SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES (INCLUDING BUT NOT LIMITED TO FOR LOST REVENUESPROFITS, PROFITS AND/ADVANTAGE, SAVINGS OR SAVINGS) ARISING OUT REVENUES OF THE USE ANY KIND OR INABILITY TO USE SUCH SOFTWAREINCREASED COST OF OPERATIONS, EVEN IF XXXXXX SOFTWARE Simpleview HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMSDAMAGES. IN ANY EVENT, THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE Simpleview TO CLIENT FOR ANY REASON AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE UPON ANY CAUSE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Simpleview BY YOU, IF ANY, FOR USE OF THE SOFTWARECLIENT UNDER THIS AGREEMENT. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND THIS LIMITATION APPLIES TO ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE CAUSES OF ACTION ARISING OUT IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF OR CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, EXCEPT FOR LIABILITIES RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES INFRINGEMENT ON THIRD PARTY RIGHTS DUE TO NEGLIGENCE ON THE LOSS PART OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARESimpleview, IN WHICH CASE NO LIMITATION ON LIABILITY SHALL EXIST.

Warranty Disclaimer and Limitation of Liability. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE T&Cs, THE SOFTWARE IS QUANTUM SYSTEM AND SUPPORT ARE PROVIDED ON AN "“AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL ” WITH NO WARRANTIES RELATING TO THE SOFTWAREOR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSEDEXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, ON BEHALF OF OURSELVES AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT AND SATISFACTORY QUALITY. XXXXXX SOFTWARE DOES WE DO NOT WARRANT THAT THE SOFTWARE QUANTUM SYSTEM WILL MEET YOUR REQUIREMENTS REQUIREMENTS, OR THAT THE QUANTUM SYSTEM OR THE SUPPORT WILL OPERATE WITHOUT INTERRUPTION, OR BE UNINTERRUPTED, SECURE OR ERROR-ERROR FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN RESULTS ARE NOT GUARANTEED AND WE MAKE NO REPRESENTATION ON THE CREATION, PRODUCTION, OR DELIVERY AVAILABILITY OF THE SOFTWARE ("SUPPLIERS") SHALL QUANTUM SYSTEM AND ANY ASSOCIATED SERVICE. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIALLOST PROFITS, REVENUES, INDIRECT, CONSEQUENTIALINCIDENTAL, INCIDENTAL EXEMPLARY, PUNITIVE, SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OF ANY KIND IN CONNECTION WITH OR SAVINGS) ARISING OUT OF THE USE PERFORMANCE OF OR INABILITY NONPERFORMORMANCE UNDER THESE T&Cs AND OUR CUMULATIVE AGGREGATE LIABILITY TO USE SUCH SOFTWAREYOU, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT EQUAL TO TOTAL AMOUNTS PAID UNDER THESE T&Cs DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE ASSERTION OF THE POSSIBILITY OF SUCH DAMAGES ANY CLAIM. OUR LIABILITY FOR ALL CLAIMS (NOT EACH CLAIM) UNDER ANY EVALUATION, BETA OR CLAIMSTRIAL RIGHTS IS LIMITED TO U.S. $1,000. The following “Uncapped Events” are not subject to the cap or exclusions to direct damages: (a) claims for injury or death resulting from negligence; (b) claims resulting from gross negligence, fraudulent or willful misconduct; (c) breach of confidentiality obligations (except in relation to Input Data and Personal Data for which the cap and exclusions apply). All claims and causes of action must be brought within the earlier of six months of being discovered or one year after expiry or termination of these T&Cs. Nothing precludes a party from seeking declaratory, injunctive, or other equitable relief from a court of competent jurisdiction. THE PERSON USING THE SOFTWARE BEARS LIMITATIONS AND EXCLUSIONS APPLY TO ALL RISK AS TO THE QUALITY CLAIMS AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE CAUSES OF ACTION ARISING OUT OF OR RELATED IN RELATION TO USE OF OR THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE T&Cs. You will, at your cost and expense, defend our Indemnitees against all Covered Proceedings, and hold them harmless from and pay or reimburse all Covered Liabilities, arising out of out of claims by third parties related to: (1a) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTIONpossession, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILESprocessing or use of Input Data or Personal Data in relation to these T&Cs, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARE.or

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS APP AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESSEDXXXXXXX & CO. DISCLAIMS ALL WARRANTIES, IMPLIED EXPRESS, IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. XXXXXXX & CO. EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPECT TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTEDACCURACY, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTIONVALIDITY, OR DELIVERY COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SOFTWARE ("SUPPLIERS") SHALL SERVICE. XXXXXXX & CO. FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE. UNDER NO CIRCUMSTANCES WILL XXXXXXX & CO. BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) WHATSOEVER ARISING OUT OF ANY INTERRUPTION OF USE OF THE USE APP OR INABILITY TO USE SUCH SOFTWARESERVICE, FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, EVEN IF XXXXXX SOFTWARE XXXXXXX & CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERSDAMAGES, AND YOUR EXCLUSIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, . IN NO EVENT WILL XXXXXXX & CO.’S AGGREGATE LIABILITY FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION DAMAGES ARISING OUT OF THIS XXXX EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP OR RELATED FIFTY DOLLARS ($50 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USE OF YOU. IN SUCH AN EVENT THE SOFTWARE OR THIS AGREEMENT MUST ABOVE LIMITATIONS WILL BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE ENFORCED TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE BETA VERSION IS PROVIDED ON AN "“AS IS" ” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREBETA VERSION, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT NON- INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE BETA VERSION WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR SECURE, ERROR-FREEFREE OR COMPATIBLE WITH ANY PRODUCT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BETA VERSION ("“SUPPLIERS"”) SHALL BE LIABLE FOR ANY SPECIALDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARETHE BETA VERSION, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BETA VERSION BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWAREBETA VERSION. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE BETA VERSION OR ANY BREACH OF THIS BETA AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWAREBETA VERSION. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE BETA VERSION OR THIS BETA AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE BETA VERSION AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US XXXXXX SOFTWARE AND OUR ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREBETA VERSION.

Warranty Disclaimer and Limitation of Liability. (a) THE SOFTWARE IS AND/OR DOCUMENTATION ARE PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS “AS-IS" ” BASIS. XXXXXX ALTOVA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE AND/OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWAREAND REPRESENTATIONS, WHETHER EXPRESSEDEXPRESS, IMPLIED OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, COMPATIBILITY INFORMATIONAL CONTENT, OR NON-INFRINGEMENT ACCURACY, QUIET ENJOYMENT, TITLE, AND NON- INFRINGEMENT. XXXXXX SOFTWARE ALTOVA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR IS ERROR-FREEFREE OR WILL OPERATE WITHOUT INTERRUPTION. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR IF APPLICABLE LAW REQUIRES ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WARRANTIES WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE AMOUNT ACTUALLY PAID BY DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, IF ANY, FOR USE OF THE SOFTWARE. THIS WARRANTY GIVES YOU HEREBY RELEASE XXXXXX SOFTWARE SPECIFIC LEGAL RIGHTS AND SUCH YOU MAY ALSO HAVE OTHER PERSONS LEGAL RIGHTS THAT VARY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATIONSTATE TO STATE. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION THE ACCURACY AND LAUNCH ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND FOR BACKING UP YOUR DATA YOU WILL INDEMNIFY AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS HOLD HARMLESS ALTOVA FROM ANY LIABILITY OR DAMAGES DUE 3RD PARTY SUIT TO THE LOSS EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF ANY SUCH DATA THE SOFTWARE AND/OR FILESDOCUMENTATION IN YOUR USE. XXXXXX WITHOUT LIMITATION, THE SOFTWARE IS NOT LIABLE INTENDED FOR ANY INAPPROPRIATE USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE CONTROLS INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR ILLEGAL USE WEAPONS SYSTEMS, WHERE THE FAILURE OF THE SOFTWARESOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty Disclaimer and Limitation of Liability. EXCEPT FOR THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE LIMITED WARRANTY SET FORTH IN SECTION 6, Simpleview MAKES NO WARRANTIES HEREUNDER, AND Simpleview EXPRESSLY DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREOTHER WARRANTIES, WHETHER EXPRESSEDEXPRESS OR IMPLIED, IMPLIED OR STATUTORYINCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT AND WARRANTIES AGAINST INFRINGEMENT. XXXXXX SOFTWARE DOES THE TOTAL LIABILITY OF Simpleview HEREUNDER FOR ANY SERVICES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE PROPERLY PERFORMED ("SUPPLIERS"INCLUDING ANY LIABILITY FOR NEGLIGENCE) SHALL BE LIMITED, AT THE SOLE DISCRETION OF Simpleview, TO (a) PERFORMING THOSE SERVICES CORRECTLY, OR (b) IF SUCH PERFORMANCE IS IMPOSSIBLE, TO THE AMOUNT’S PAID TO Simpleview FOR THE SERVICES THAT WERE IMPROPERLY PERFORMED. IN NO EVENT SHALL Simpleview BE LIABLE FOR ANY SPECIALINDIRECT, INDIRECTINCIDENTAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE, RELIANCE OR PUNITIVE SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES (INCLUDING BUT NOT LIMITED TO FOR LOST REVENUESPROFITS, PROFITS AND/ADVANTAGE, SAVINGS OR SAVINGS) ARISING OUT REVENUES OF THE USE ANY KIND OR INABILITY TO USE SUCH SOFTWAREINCREASED COST OF OPERATIONS, EVEN IF XXXXXX SOFTWARE Simpleview HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMSDAMAGES. IN ANY EVENT, THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE Simpleview TO CLIENT FOR ANY REASON AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE UPON ANY CAUSE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Simpleview BY YOU, IF ANY, FOR USE OF THE SOFTWARECLIENT UNDER THIS AGREEMENT. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND THIS LIMITATION APPLIES TO ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE CAUSES OF ACTION ARISING OUT IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF OR RELATED TO USE CONTRACT, BREACH OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTIONWARRANTY, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILESNEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREOTHER TORTS.

Warranty Disclaimer and Limitation of Liability. a. ANY WARRANTIES FOR THE SOFTWARE ARE SUBJECT TO TERMS AGREED AND ENTERED INTO DIRECTLY BETWEEN YOU AND THE SERVICES PROVIDER OR OTHER THIRD PARTY THROUGH WHICH YOU ACQUIRED THE SOFTWARE. AS BETWEEN YOU AND DEVICE AUTHORITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SOFTWARE IS PROVIDED ON AN "“AS IS" ” AND “WITH ALL FAULTS” BASIS. XXXXXX SOFTWARE , WITHOUT WARRANTY OF ANY KIND AND DEVICE AUTHORITY DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREWARRANTIES, WHETHER EXPRESSEDEXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. DEVICE AUTHORITY FURTHER DISCLAIMS ANY WARRANTY OR NON-INFRINGEMENT LIABILITY RELATED TO YOUR CARRIER’S, SERVICE PROVIDER’S OR ANY OTHER THIRD PARTY’S NETWORK, APPLICATION OR SERVICE. XXXXXX SOFTWARE DEVICE AUTHORITY CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OPERATION OF THE SOFTWARE ("SUPPLIERS") SHALL WILL BE LIABLE UNITERRUPTED OR ERROR FREE. THE SOFTWARE IS NOT DESIGNED, MANUFATURED OR INTENDED FOR USE OR DISTRIBUTION WITH ANY SPECIALEQUIPMENT THE FAILURE OF WHICH COULD LEAD TO DEATH, INDIRECT, CONSEQUENTIAL, INCIDENTAL PERSONAL INJURY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/SEVERE PHYSICAL OR SAVINGS) ARISING OUT ENVIRONMENTAL DAMAGE. YOU ASSUME THE RESPONSIBILITY OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE SELECTION OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP ACHIEVE YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREINTENDED RESULTS.

Warranty Disclaimer and Limitation of Liability. 5.1 END USER ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESSEDTELEDYNE SP DEVICES MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED THE WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR SATISFACTORY QUALITY OR CONDITION OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COMPATIBILITY COPYRIGHTS, TRADEMARKS OR NON-INFRINGEMENT OTHER RIGHTS. XXXXXX SOFTWARE DOES NOT WARRANT THERE IS NO WARRANTY BY TELEDYNE SP DEVICES OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE PROPERLY IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED FREE OR THAT ALL ERRORS OR DEFECTS IN THE CREATION, PRODUCTION, OR DELIVERY SOFTWARE ARE CAPABLE OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWAREBEING CORRECTED . YOU HEREBY RELEASE XXXXXX SOFTWARE ASSUME ALL RESPONSIBILITY AND SUCH OTHER PERSONS RISK FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARE.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE AND CUSTOMER SUPPORT IS PROVIDED ON AN "“AS IS" ” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARESOFTWARE AND CUSTOMER SUPPORT, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR SECURE, ERROR-FREEFREE OR COMPATIBLE WITH ANY PRODUCT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR CUSTOMER SUPPORT ("“SUPPLIERS"”) SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR CUSTOMER SUPPORT OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US XXXXXX SOFTWARE AND OUR ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARE.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT THE SOFTWARE PORTAL, INCLUDING ALL PORTAL CONTENT, IS PROVIDED ON AN "AS IS" BASISBASIS WITH NO WARRANTY OF ANY KIND. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY LAW, WHETHER EXPRESSEDKA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO ANY IMPLIED THE PORTAL AND THE PORTAL CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR TITLE, NON-INFRINGEMENT INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. XXXXXX SOFTWARE IN ADDITION, KA DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE PORTAL WILL MEET YOUR REQUIREMENTS BE AVAILABLE OR BE UNINTERRUPTEDTHAT THE INFORMATION ACCESSIBLE VIA THE PORTAL IS ACCURATE, SECURE COMPLETE OR ERROR-FREECURRENT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL KA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INDIRECTPUNITIVE, CONSEQUENTIALINCIDENTAL, INCIDENTAL EXEMPLARY OR PUNITIVE CONSEQUENTIAL DAMAGES, OR ANY DAMAGES (INCLUDING BUT WHATSOEVER, WHETHER OR NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE KA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR CLAIMS. ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE PERSON USING THE SOFTWARE BEARS ALL RISK AS USE, INABILITY TO THE QUALITY AND USE, OR PERFORMANCE OF THE SOFTWAREPORTAL OR PORTAL CONTENT AVAILABLE FROM THE PORTAL OR ANY LOSS, PERSONAL INJURY, PROPERTY DAMAGE, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH. WITHOUT LIMITING THE ENTIRE FOREGOING, KA’S LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, IN CONNECTION WITH RESPECT TO THE USE OF THE SOFTWARE PORTAL, THE PORTAL CONTENT OR ANY BREACH THESE TERMS OF THIS AGREEMENT ARE USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, USER FOR THE LICENSE TO ACCESS AND USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF PORTAL UNDER THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILESAGREEMENT, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM IN NO EVENT SHALL SUCH LIABILITY EXCEED FIVE HUNDRED DOLLARS ($500). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY LIABILITY OR DAMAGES DUE TO THE LOSS FAILURE OF ESSENTIAL PURPOSE OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARELIMITED REMEDY.

Warranty Disclaimer and Limitation of Liability. (a) THE SOFTWARE AUTHENTIC BROWSER EDITION IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS “AS-IS" ” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALTOVA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE AUTHENTIC BROWSER EDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWAREAND REPRESENTATIONS, WHETHER EXPRESSEDEXPRESS, IMPLIED OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, COMPATIBILITY INFORMATIONAL CONTENT, OR NON-INFRINGEMENT ACCURACY, QUIET ENJOYMENT, TITLE, AND NON- INFRINGEMENT. XXXXXX SOFTWARE ALTOVA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR AUTHENTIC BROWSER EDITION IS ERROR-FREEFREE OR WILL OPERATE WITHOUT INTERRUPTION. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR IF APPLICABLE LAW REQUIRES ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WARRANTIES WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT AUTHENTIC BROWSER EDITION, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE AMOUNT ACTUALLY PAID BY DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, IF ANY, FOR USE OF THE SOFTWARE. THIS WARRANTY GIVES YOU HEREBY RELEASE XXXXXX SOFTWARE SPECIFIC LEGAL RIGHTS AND SUCH YOU MAY ALSO HAVE OTHER PERSONS LEGAL RIGHTS THAT VARY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATIONSTATE TO STATE. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION THE ACCURACY AND LAUNCH ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND FOR BACKING UP YOUR DATA YOU WILL INDEMNIFY AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS HOLD HARMLESS ALTOVA FROM ANY LIABILITY OR DAMAGES DUE 3RD PARTY SUIT TO THE LOSS EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF ANY SUCH DATA OR FILESTHE SOFTWARE IN YOUR USE. XXXXXX WITHOUT LIMITATION, THE SOFTWARE IS NOT LIABLE INTENDED FOR ANY INAPPROPRIATE USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR ILLEGAL USE WEAPONS SYSTEMS, WHERE THE FAILURE OF THE SOFTWARESOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty Disclaimer and Limitation of Liability. ‌ YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SOFTWARE MODULE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MODULE IS PROVIDED ON AN "“AS IS" ” AND “AS AVAILABLE” BASIS. XXXXXX SOFTWARE DISCLAIMS NEITHER HAWKEYE NOR ITS SUPPLIERS, DISTRIBUTORS, OR CUSTOMERS, NOR ANY OF THEIR RESPECTIVE RELATED PARTIES, MAKES OR HAS MADE ANY REPRESENTATION, WARRANTY, ASSURANCE OR PROMISE OF ANY KIND, EXPRESS OR IMPLIED, AS FAR AS LEGALLY PERMISSIBLE TO THE MODULE, ITS USE, OR THE RESULTS OF SUCH USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HAWKEYE EACH EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE SOFTWAREAND CONDITIONS OF ANY KIND, PAST OR PRESENT, EXPRESS OR IMPLIED, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO COMMON-LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF SATISFACTORY QUALITYTITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL HAWKEYE OR ANY OF ITS RELATED PARTIES BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTEDTORT, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTIONSTATUTORY, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS"OTHERWISE) SHALL BE LIABLE FOR ANY SPECIALDAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE, OR PUNITIVE EXEMPLARY DAMAGES (INCLUDING OR STATUTORY OR CIVIL PENALTIES OF ANY KIND—INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF CURRENT OR PROSPECTIVE OPPORTUNITIES, OR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THIS AGREEMENT, THE PERFORMANCE OF THIS AGREEMENT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IN ANY WAY CONNECTED TO LOST REVENUESTHE INSTALLATION, PROFITS AND/SETUP, CONFIGURATION, USE, MAINTENANCE, PERFORMANCE, DEFECT, FAILURE, OR SAVINGS) ARISING OUT INTERRUPTION OF THE USE MODULE OR INABILITY TO USE SUCH SOFTWAREANY PRODUCT OR SERVICE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), EVEN IF XXXXXX SOFTWARE HAWKEYE, OR ANY RELATED PARTY, IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE SHOULD HAVE KNOWN OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE ENTIRE LIABILITY TERMS OF XXXXXX SOFTWARE AND ITS SUPPLIERSTHIS SECTION, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE HAWKEYE OR ANY BREACH OF THIS AGREEMENT ARE ITS RELATED PARTIES IS FOUND TO BE LIABLE UNDER ANY THEORY OR IN ANY ACTION, SUCH LIABILITY (INCLUDING, BUT NOT LIMITED TO THE AMOUNT ACTUALLY PAID BY YOUTO, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH ANY DAMAGES OR REMEDY OR OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OR LEGAL RIGHT) IS AND WILL BE LIMITED EXCLUSIVELY TO A MAXIMUM OF FIVE HUNDRED U.S. DOLLARS ($500.00) IN THE AGGREGATE. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS PROVIDED IN THIS SECTION SHALL APPLY EVEN IF ANY OR RELATED TO USE ALL PRODUCTS, SERVICES, OR OTHER ACTUAL OR POTENTIAL REMEDIES FAIL OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARREDTHEIR ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR SELECTIONWithout limiting the foregoing, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILESHawkeye does not warrant or represent that the operation of the Module will be uninterrupted or error-free or that any defect within the Module will be corrected. Furthermore, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILESHawkeye does not warrant or make any representation regarding the results of Your use of the Module in terms of capability, correctness, accuracy, reliability, or otherwise; that the Module will meet Your requirements; or that the Module is secure. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARENo presentation, specimen, information, or advice—whether oral or written—given by Xxxxxxx, any representative of Hawkeye, any client, or any other person or entity will create a warranty. For the avoidance of doubt, neither Xxxxxxx nor any of its Related Parties will have liability with respect to the content of the Module, including with respect to errors or omissions contained in the Module or any claim related to the following: libel, business interruption, personal injury, loss of privacy, disclosure of confidential information, or infringement or violation of any third-party’s rights of publicity, intellectual property, privacy, or moral right. You release and waive all claims against Xxxxxxx and any of its Related Parties from any and all Claims or Losses arising out of Your use of the Module. If You are a California resident, You waive any rights You may have under § 1542 of the California Civil Code—or any similar law or right—which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree to release unknown claims and waive all available rights under California Civil Code § 1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, the release in this Section covers all such claims regardless of the negligence of Hawkeye or any of its Related Parties. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to You. The limitations provided in this Agreement are intended to apply to the fullest extent allowable under applicable law, and You acknowledge that the terms will be construed and enforced as necessary to limit Hawkeye’s and any of its Related Party’s possible liability to the amount set forth herein.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE AND CUSTOMER SUPPORT IS PROVIDED ON AN "“AS IS" ” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARESOFTWARE AND CUSTOMER SUPPORT, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR SECURE, ERROR-FREEFREE OR COMPATIBLE WITH ANY PRODUCT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR CUSTOMER SUPPORT ("“SUPPLIERS"”) SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDYREMEDY (SUBJECT TO THE RIGHTS FOR THIRD PARTY RIGHTS INFRINGEMENT ACCORDING TO SECTION 11 WHICH SHALL NOT BE AFFECTED), WITH RESPECT TO THE USE OF THE SOFTWARE OR CUSTOMER SUPPORT OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US XXXXXX SOFTWARE AND OUR ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARE. BEFORE YOU INSTALL THE SOFTWARE, YOU ARE OBLIGED TO SECURLY SAVE A BACKUP COPY OF ANY OTHER SOFTWARE AND DATA. BEFORE YOU USE THE SOFTWARE SAVE A COPY OF THE DATA YOU ARE USING IT ON.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS MEDINFORMATIX SDK, ASSOCIATED MEDINFORMATIX SOFTWARE, AND FHIR API ARE PROVIDED ON AN "“AS IS" BASIS” BASIS AND WITHOUT ANY WARRANTY WHATSOEVER. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW, MEDINFORMATIX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWAREOF ANY KIND, WHETHER EXPRESSED, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY TITLE, OR NON-INFRINGEMENT INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE IN NO EVENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL MEDINFORMATIX BE LIABLE TO DEVELOPER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, CONSEQUENTIALPUNITIVE, INCIDENTAL ENHANCED OR PUNITIVE EXEMPLARY DAMAGES, OR DAMAGES (INCLUDING BUT FOR LOSS OF USE, DATA OR PROFITS HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT LIMITED TO LOST REVENUES, PROFITS AND/SUCH DAMAGES WERE FORESEEABLE OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE MEDINFORMATIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMSDAMAGES. THE PERSON DEVELOPER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE BEARS ALL RISK AS TO MEDINFORMATIX SDK, ASSOCIATED MEDINFORMATIX SOFTWARE, AND FHIR API. NOTWITHSTANDING THE QUALITY AND PERFORMANCE OF FOREGOING PARAGRAPH, THE SOFTWARE. THE ENTIRE TOTAL LIABILITY OF XXXXXX SOFTWARE AND MEDINFORMATIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND/OR SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY DEVELOPER FOR THE USE OF THE PARTICULAR TECHNOLOGY, SOFTWARE, PRODUCT, INFORMATION OR SERVICE PROVIDED BY MEDINFORMATIX . YOU HEREBY RELEASE XXXXXX SOFTWARE THESE LIMITATIONS WILL SURVIVE AND SUCH OTHER PERSONS FROM APPLY NOTWITHSTANDING ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE FAILURE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS ESSENTIAL PURPOSE OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARELIMITED REMEDY PROVIDED HEREIN.

Warranty Disclaimer and Limitation of Liability. (a) THE HOME-EDITION SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS “AS-IS" ” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALTOVA PROVIDES NO WARRANTIES FOR THE HOME-EDITION SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWAREAND REPRESENTATIONS, WHETHER EXPRESSEDEXPRESS, IMPLIED OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, COMPATIBILITY INFORMATIONAL CONTENT, OR NON-INFRINGEMENT ACCURACY, QUIET ENJOYMENT, TITLE, AND NON- INFRINGEMENT. XXXXXX SOFTWARE ALTOVA DOES NOT WARRANT THAT THE HOME- EDITION SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR IS ERROR-FREEFREE OR WILL OPERATE WITHOUT INTERRUPTION. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR IF APPLICABLE LAW REQUIRES ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WARRANTIES WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT HOME-EDITION SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE AMOUNT ACTUALLY PAID BY DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, IF ANY, FOR USE OF THE SOFTWARE. THIS WARRANTY GIVES YOU HEREBY RELEASE XXXXXX SOFTWARE SPECIFIC LEGAL RIGHTS AND SUCH YOU MAY ALSO HAVE OTHER PERSONS LEGAL RIGHTS THAT VARY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATIONSTATE TO STATE. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION THE ACCURACY AND LAUNCH ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND FOR BACKING UP YOUR DATA YOU WILL INDEMNIFY AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS HOLD HARMLESS ALTOVA FROM ANY LIABILITY OR DAMAGES DUE 3RD PARTY SUIT TO THE LOSS EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF ANY SUCH DATA OR FILESTHE SOFTWARE IN YOUR USE. XXXXXX WITHOUT LIMITATION, THE SOFTWARE IS NOT LIABLE INTENDED FOR ANY INAPPROPRIATE USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR ILLEGAL USE WEAPONS SYSTEMS, WHERE THE FAILURE OF THE SOFTWARESOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS SDK AND ALL ASSOCIATED DOCUMENTATION, LIBRARIES, AND SAMPLE CODE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. XXXXXX SOFTWARE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLENOM DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREAND CONDITIONS, WHETHER EXPRESSEDEXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR MERCHANTABILITY, TITLE, QUALITY, RESULTS, AND NON-INFRINGEMENT INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT THAT PLENOM EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS ACCURACY OR BE UNINTERRUPTEDFUNCTIONALITY OF THE SDK, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN AND WITH RESPECT TO THE CREATIONACCURACY, PRODUCTIONVALIDITY, OR DELIVERY COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SDK, OR THE QUALITY OR CONSISTENCY OF THE SOFTWARE ("SUPPLIERS") SHALL SDK OR RESULTS OBTAINED THROUGH ITS USE. UNDER NO CIRCUMSTANCES WILL PLENOM BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARETHE SDK, EVEN IF XXXXXX SOFTWARE PLENOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERSDAMAGES, AND YOUR EXCLUSIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH . IN NO EVENT WILL PLENOM'S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT ARE LIMITED TO OR THE AMOUNT ACTUALLY TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOUYOU FOR THE SDK, IF ANY, OR $50USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR USE OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE SOFTWAREABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU HEREBY RELEASE XXXXXX SOFTWARE IN SUCH AN EVENT THE ABOVE LIMITATIONS AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST EXCLUSIONS WILL BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE ENFORCED TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Warranty Disclaimer and Limitation of Liability. KONICA MINOLTA ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE SOFTWARE IS PROVIDED ON AN "AS IS" BASISRESELLER AGREEMENT, VENDOR HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO CUSTOMER OR KONICA MINOLTA REGARDING THE MAINTENANCE SERVICES. XXXXXX SOFTWARE WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VENDOR DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WITH RESPECT TO MERCHANTABILITY OF SATISFACTORY QUALITY, MERCHANTABILITY, THE MAINTENANCE SERVICES OR FITNESS OF THE MAINTENANCE SERVICES FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES THE PARTIES WILL NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUESDAMAGES, PROFITS AND/WHICH ARISE DIRECTLY OR SAVINGS) ARISING INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE MAINTENANCE SERVICES, WHETHER SUCH SOFTWAREDAMAGES ARE BASED UPON CONTRACT, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED TORT, INTENTIONAL CONDUCT, EQUITY OR PURSUANT TO SOME OTHER THEORY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN TO OR CLAIMSWAS FORESEEABLE BY VENDOR OR KONICA MINOLTA AND WHETHER SUCH DAMAGES ARE ASSERTED BY VENDOR, KONICA MINOLTA, A CUSTOMER OR SOME OTHER PARTY. [**CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH REDACTED PORTIONS OF THIS AGREEMENT ARE LIMITED PURSUANT TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE RULE 24b-2 OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS SECURITIES EXCHANGE ACT OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARE.1934**]

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS PROVIDED ON EXCEPT AS MAY BE SET FORTH IN AN "AS IS" BASIS. XXXXXX SOFTWARE APPLICABLE SLA, EARTHLINK DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREWARRANTIES, WHETHER EXPRESSEDINCLUDING, IMPLIED OR STATUTORYWITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MAKE NO REPRESENTATIONS OR WARRANTIES, COMPATIBILITY WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING OUT OF ANY COURSE OF DEALING OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES USAGE OF TRADE, REGARDING THE DESIGN, CONDITION, QUALITY, CAPACITY OR OTHER ASPECT OF ANY SERVICES, OR ANY COMPONENT THEREOF, INCLUDING, BUT NOT WARRANT LIMITED TO, SYSTEMS, SOFTWARE, PERSONNEL, PROGRAMMING ASSISTANCE OR CONSULTATION PROVIDED AS PART OF THE SERVICES, THAT THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT, WILL BE SECURE OR ERROR-FREENOT LOST OR DAMAGED, AND, TO THE EXTENT NOT PROHIBITED BY LAW, NON‐ INFRINGEMENT. SERVICE CREDITS UNDER THE APPLICABLE SLA WILL BE THE EXCLUSIVE REMEDY FOR ANY SERVICE DEFECT, SERVICE OUTAGE OR OTHER SLA VIOLATION. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIALINCIDENTAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUESPROFITS, PROFITS AND/BUSINESS INTERRUPTION OR SAVINGSLOSS OF PRIVACY) ARISING OUT OF FROM OR RELATED TO THE USE OR INABILITY TO USE SUCH SOFTWAREAGREEMENT, EVEN IF XXXXXX SOFTWARE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ASSERTED ON THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE BASIS OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERSCONTRACT, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY TORT STRICT LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREBASIS IN LAW.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE AND CUSTOMER SUPPORT IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARESOFTWARE AND CUSTOMER SUPPORT, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR SECURE, ERROR-FREEFREE OR COMPATIBLE WITH ANY PRODUCT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR CUSTOMER SUPPORT ("SUPPLIERS") SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR CUSTOMER SUPPORT OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US XXXXXX SOFTWARE AND OUR ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARE.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS PROVIDED ON EXCEPT AS MAY BE SET FORTH IN AN "AS IS" BASIS. XXXXXX SOFTWARE APPLICABLE SLA, WIN DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREWARRANTIES, WHETHER EXPRESSEDINCLUDING, IMPLIED OR STATUTORYWITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MAKE NO REPRESENTATIONS OR WARRANTIES, COMPATIBILITY WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING OUT OF ANY COURSE OF DEALING OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES USAGE OF TRADE, REGARDING THE DESIGN, CONDITION, QUALITY, CAPACITY OR OTHER ASPECT OF ANY SERVICES, OR ANY COMPONENT THEREOF, INCLUDING, BUT NOT WARRANT LIMITED TO, SYSTEMS, SOFTWARE, PERSONNEL, PROGRAMMING ASSISTANCE OR CONSULTATION PROVIDED AS PART OF THE SERVICES, THAT THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT, WILL BE SECURE OR ERROR-FREENOT LOST OR DAMAGED, AND, TO THE EXTENT NOT PROHIBITED BY LAW, NON‐INFRINGEMENT. SERVICE CREDITS UNDER THE APPLICABLE SLA WILL BE THE EXCLUSIVE REMEDY FOR ANY SERVICE DEFECT, SERVICE OUTAGE OR OTHER SLA VIOLATION. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIALINCIDENTAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUESPROFITS, PROFITS AND/BUSINESS INTERRUPTION OR SAVINGSLOSS OF PRIVACY) ARISING OUT OF FROM OR RELATED TO THE USE OR INABILITY TO USE SUCH SOFTWAREAGREEMENT, EVEN IF XXXXXX SOFTWARE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ASSERTED ON THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE BASIS OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERSCONTRACT, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY TORT STRICT LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREBASIS IN LAW.

Warranty Disclaimer and Limitation of Liability. BSE warrants title to all Retail Energy delivered hereunder and sells such Retail Energy to Customer free from liens and adverse claims. THIS IS BSE'S ONLY WARRANTY CONCERNING THE SOFTWARE SERVICES PROVIDED HEREUNDER AND IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES RELATING TO THE SOFTWAREAND REPRESENTATIONS, WHETHER EXPRESSED, IMPLIED EXPRESSED OR STATUTORYIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY MERCHANTABILITY OR NON-INFRINGEMENT OTHERWISE. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY EXCEPT AS PART OF ANY PAYMENT OF THE SOFTWARE ("SUPPLIERS") SETTLEMENT AMOUNT IN ACCORDANCE WITH THE TERMS HEREOF, NEITHER PARTY SHALL BE LIABLE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIALPUNITIVE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT CONSEQUENTIAL DAMAGES. IN ADDITION, BSE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT AN AMOUNT EQUAL TO THE TOTAL OF THE USE OR INABILITY FIRST TWO BSE INVOICES REFLECTING THE ENERGY COST SPECIFIC TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF CUSTOMER'S METER READS AS THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY SOLE AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. TO THE USE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED UNIFORM COMMERCIAL CODE SHALL APPLY TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARERETAIL ENERGY SOLD HEREUNDER.

Warranty Disclaimer and Limitation of Liability. EXCEPT FOR ANY WARRANTIES EXPLICITLY SET FORTH HEREIN OR IN ANY OF THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE OTHER TRANSACTION AGREEMENTS, SIPEX AND SILAN DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWAREWARRANTIES, WHETHER EXPRESSEDEXPRESS, IMPLIED STATUTORY, OR STATUTORYIMPLIED, FOR ANY TECHNOLOGY, TECHNICAL INFORMATION, OR ANY OTHER INFORMATION OR MATERIALS, OR ANY PART THEREOF, PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TO, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY PURPOSE OR NON-INFRINGEMENT INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT EXCEPT FOR ANY WARRANTIES EXPLICITLY SET FORTH HEREIN OR IN ANY OF THE OTHER TRANSACTION AGREEMENTS, SIPEX AND SILAN EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SOFTWARE OTHER PARTY'S USE OF TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREENOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. NEITHER XXXXXX SOFTWARE SIPEX NOR ANYONE ELSE WHO HAS BEEN INVOLVED SILAN AUTHORIZE ANY PERSON TO ASSUME FOR EITHER OF THEM ANY LIABILITIES IN CONNECTION WITH THIS AGREEMENT. THE CREATION, PRODUCTION, LIMITATIONS ON LIABILITY SET FORTH IN THESE SECTIONS 6.6 (c)-(e) SHALL (I) APPLY ONLY TO THOSE MATTERS FOR WHICH A LIMITATION OF LIABILITY IS NOT OTHERWISE EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT OR DELIVERY ANY OTHER TRANSACTION AGREEMENT AND (II) NOT APPLY TO SILAN'S OR SIPEX'S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT OR ANY OF THE SOFTWARE ("SUPPLIERS") OTHER TRANSACTION AGREEMENTS OR TO SILAN'S OR SIPEX'S MATERIAL BREACH OF Article 4. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIALSPECIAL, INCIDENTAL OR PUNITIVE DAMAGES CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO LOST REVENUESNEGLIGENCE), PROFITS AND/PRODUCT LIABILITY, OR SAVINGS) ARISING OUT OTHERWISE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE PARTY AGAINST WHOM LIABILITY IS ASSERTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMSAND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TOTAL AGGREGATE LIABILITY OF SILAN ARISING OUT OF OR RELATING TO THE QUALITY AND PERFORMANCE OF THE SOFTWAREPRODUCTION EQUIPMENT SALE AGREEMENT SHALL BE AMOUNTS PAID OR PAYABLE TO SIPEX UNDER SUCH AGREEMENT. THE ENTIRE TOTAL AGGREGATE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, SIPEX ARISING OUT OF OR RELATING TO (I) THE PRODUCTION EQUIPMENT SALE AGREEMENT SHALL BE AMOUNTS PAID BY SILAN UNDER SUCH AGREEMENT; (II) THE PTTLA SHALL BE AMOUNTS PAID OR PAYABLE BY SILAN THEREUNDER; (III) THE PRODUCT LICENSE AGREEMENT SHALL BE AMOUNTS PAID TO SIPEX THEREUNDER WITH RESPECT TO THE USE OF PRODUCT THAT GIVES RISE TO SUCH LIABILITY; AND (IV), THE SOFTWARE WAFER SUPPLY AGREEMENT, THE AMOUNTS PAID OR ANY BREACH OF THIS AGREEMENT ARE LIMITED PAYABLE TO SILAN THEREUNDER WITH RESPECT TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND PRODUCT THAT GIVES RISE TO SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARELIABILITY.

Warranty Disclaimer and Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS, SUNBIRD HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO CUSTOMER REGARDING THE SOFTWARE IS PROVIDED ON AN "AS IS" BASISMAINTENANCE SERVICES. XXXXXX SOFTWARE WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUNBIRD DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITYWARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WITH RESPECT TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY OR TECHNICAL COMPATIBILITY OF THE MAINTENANCE SERVICES OR FITNESS OF THE MAINTENANCE SERVICES FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES CUSTOMER AGREES THAT SUNBIRD WILL NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUESDAMAGES, PROFITS AND/WHICH ARISE DIRECTLY OR SAVINGS) ARISING INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE MAINTENANCE SERVICES WHETHER SUCH SOFTWAREDAMAGES ARE BASED UPON CONTRACT, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED TORT, INTENTIONAL CONDUCT, EQUITY OR PURSUANT TO SOME OTHER THEORY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN TO OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY WAS FORESEEABLE BY SUNBIRD AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE WHETHER SUCH DAMAGES ARE ASSERTED BY CUSTOMER OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH SOME OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREPARTY .

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE BETA VERSION IS PROVIDED ON AN "“AS IS" ” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREBETA VERSION, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE BETA VERSION WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE SECURE, ERROR- FREE OR ERROR-FREECOMPATIBLE WITH ANY PRODUCT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BETA VERSION ("“SUPPLIERS"”) SHALL BE LIABLE FOR ANY SPECIALDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARETHE BETA VERSION, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BETA VERSION BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWAREBETA VERSION. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE BETA VERSION OR ANY BREACH OF THIS BETA AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWAREBETA VERSION. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE BETA VERSION OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE BETA VERSION AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US XXXXXX SOFTWARE AND OUR ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREBETA VERSION.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS APP AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESSEDFIELDWIRE DISCLAIMS ALL WARRANTIES, IMPLIED EXPRESS, IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. FIELDWIRE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPECT TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTEDACCURACY, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTIONVALIDITY, OR DELIVERY COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SOFTWARE ("SUPPLIERS") SHALL SERVICE. FIELDWIRE FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE. UNDER NO CIRCUMSTANCES WILL FIELDWIRE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) WHATSOEVER ARISING OUT OF ANY INTERRUPTION OF USE OF THE USE APP OR INABILITY TO USE SUCH SOFTWARESERVICE, FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, EVEN IF XXXXXX SOFTWARE FIELDWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERSDAMAGES, AND YOUR EXCLUSIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, . IN NO EVENT WILL FIELDWIRE’S AGGREGATE LIABILITY FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION DAMAGES ARISING OUT OF THIS XXXX EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP OR RELATED FIFTY DOLLARS ($50 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USE OF YOU. IN SUCH AN EVENT THE SOFTWARE OR THIS AGREEMENT MUST ABOVE LIMITATIONS WILL BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE ENFORCED TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Warranty Disclaimer and Limitation of Liability. (a) THE AXE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS “AS-IS" ” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALTOVA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE AXE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWAREAND REPRESENTATIONS, WHETHER EXPRESSEDEXPRESS, IMPLIED OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, COMPATIBILITY INFORMATIONAL CONTENT, OR NON-INFRINGEMENT ACCURACY, QUIET ENJOYMENT, TITLE, AND NON- INFRINGEMENT. XXXXXX SOFTWARE ALTOVA DOES NOT WARRANT THAT THE AXE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR IS ERROR-FREEFREE OR WILL OPERATE WITHOUT INTERRUPTION. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR IF APPLICABLE LAW REQUIRES ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WARRANTIES WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT AXE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE AMOUNT ACTUALLY PAID BY DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, IF ANY, FOR USE OF THE SOFTWARE. THIS WARRANTY GIVES YOU HEREBY RELEASE XXXXXX SOFTWARE SPECIFIC LEGAL RIGHTS AND SUCH YOU MAY ALSO HAVE OTHER PERSONS LEGAL RIGHTS THAT VARY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATIONSTATE TO STATE. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION THE ACCURACY AND LAUNCH ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND FOR BACKING UP YOUR DATA YOU WILL INDEMNIFY AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS HOLD HARMLESS ALTOVA FROM ANY LIABILITY OR DAMAGES DUE 3RD PARTY SUIT TO THE LOSS EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF ANY SUCH DATA OR FILESTHE SOFTWARE IN YOUR USE. XXXXXX WITHOUT LIMITATION, THE SOFTWARE IS NOT LIABLE INTENDED FOR ANY INAPPROPRIATE USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR ILLEGAL USE WEAPONS SYSTEMS, WHERE THE FAILURE OF THE SOFTWARESOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARE", WHETHER EXPRESSEDWITHOUT WARRANTY OF ANY KIND, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED THE WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL SUPERTOKENS BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXX SOFTWARE THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NEITHER XXXXXX SOFTWARE NOR NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YOU OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE ("SUPPLIERS") SHALL BE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO NOT HOLD SUPERTOKENS LIABLE FOR ANY SPECIALCLAIM, INDIRECTLOSS, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE OTHER LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED IN CONNECTION WITH NON AVAILABILITY OF SERVICE OR TERMINATION OF THIS AGREEMENT OR TERMINATION / REVOCATION OF YOUR LICENSE OR REFUSAL TO PROVIDE A LICENSE OR SUPPLY OF AN INFERIOR LICENSE TO YOU UNDER THE TERMS OF THIS AGREEMENT. THE SOFTWARE IS NOT INTENDED FOR ANY USE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM SEVERE PHYSICAL OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWAREENVIRONMENTAL DAMAGE.