Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES PLATFORM IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATARISK. WE DO NOT MAKE ANY NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF ANY KINDTHE FOREGOING, EITHER EXPRESS WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, CONCERNING INCLUDING, BUT NOT LIMITED TO: (1) THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTY WARRANTIES, EXPRESS, STATUTORY OR REPRESENTATION REGARDING IMPLIED THAT THE RESULTS THAT MAY PLATFORM WILL BE OBTAINED FROM TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE USE EXCLUSION OF SOME OR ALL OF THE SERVICESABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEFULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS YOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGENTS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING IN CONNECTION WITH THE HARDWAREWEBSITE AND YOUR USE THEREOF. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, THE SOFTWAREMISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY PART THEREOFNATURE WHATSOEVER, INCLUDING WITHOUT LIMITATIONRESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY WARRANTIES UNAUTHORIZED ACCESS TO OR USE OF MERCHANTABILITY OUR SECURE SERVERS AND/OR FITNESS FOR A PARTICULAR PURPOSEANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND WE MAKE NO WARRANTY (IV) ANY INTERRUPTION OR REPRESENTATION REGARDING CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE RESULTS THAT LIKE WHICH MAY BE OBTAINED FROM TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICESYOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, THE ACCURACY ENDORSE, GUARANTEE, OR RELIABILITY OF ASSUME RESPONSIBILITY FOR ANY INFORMATION OBTAINED PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE 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 SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY STATED IN THIS AGREEMENT (OR AS OTHERWISE REQUIRED BY LAWAPPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSEXPRESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREOR STATUTORY, THE SOFTWAREINCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND WE MAKE NO WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR REPRESENTATION REGARDING CONDITION OF ANY KIND. WITHOUT LIMITING THE RESULTS THAT MAY BE OBTAINED FROM THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES SUMO LOGIC TECHNOLOGY WILL MEET ANY USER’S REQUIREMENTSYOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEFREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES AND RELATED DOCUMENTATION PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE”, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND WITH ALL FAULTS AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, AND N21 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, CONCERNING THE HARDWAREINCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR ANY PART THEREOFOF SATISFACTORY QUALITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WE MAKE NO WARRANTY FREEDOM FROM PATENT INFRINGEMENT OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICESAPPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ACCURACY APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL MEET BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY N21 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES 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. THERE IS NO PROMISE OR REPRESENTATION THAT YOU CAN MAKE A CERTAIN AMOUNT OF MONEY, OR ANY USER’S REQUIREMENTSMONEY, BE UNINTERRUPTEDOR NOT LOSE MONEY, TIMELYAS A RESULT OF USING THE APPLICATIONS. YOU UNDERSTAND AND AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THAT, SECURE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR ERROR FREEANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

Warranty Disclaimer. EXCEPT AS SET FORTH IN THIS AGREEMENT, TO THE SERVICES MAXIMUM EXTENT PROVIDED BY APPLICABLE LAWS, THE SKYSQL SERVICES, BETA PROGRAMS, BETA MATERIALS, AND RELATED DOCUMENTATION TRIAL SERVICES, INCLUDING ALL UPDATES, BUG FIXES, WORK AROUNDS, OR ERROR CORRECTIONS, ARE PROVIDED TO CUSTOMER “AS-IS” AND “AS IS.AVAILABLE” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON- INFRINGEMENT, TITLE, PERFORMANCE, AND WE MAKE NO WARRANTY ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR REPRESENTATION REGARDING THE RESULTS USAGE OF TRADE. MARIADB DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SKYSQL SERVICES WILL MEET BE UNINTERRUPTED OR ERROR-FREE. MARIADB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO THIRD-PARTY HOSTING PROVIDERS WITH WHOM CUSTOMER SEPARATELY CONTRACTS. MARIADB DOES NOT MAKE ANY USER’S REQUIREMENTSWARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THIRD-PARTY APPLICATIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. LICENSOR’S WARRANTY FOR THE SERVICES DEVICE, IF ANY, IS STATED ON THE PURCHASE TERMS PROVIDED BY LICENSOR AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED NOT IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSXXXX. YOU UNDERSTAND ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKLICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU IN THIS XXXX AND DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE OR ITS OPERATION, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS WHETHER EXPRESSED OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR INCLUDING BUT NOT LIMITED TO ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR AVAILABLE UNDER ANY STATE STATUTE GOVERNING SOFTWARE OR INFORMATION SERVICES. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS ERROR FREE OR WILL ALWAYS OPERATE UNINTERRUPTED. LIMITATION OF LIABILITY IN NO EVENT SHALL LICENSOR OR ITS OWN LICENSORS AND WE MAKE NO WARRANTY SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICESSOFTWARE OR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, LICENSOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE RESULTS YOU ACHIEVE USING THE SOFTWARE OR WHICH RELATE TO THE STORAGE OF ANY DATA OR FOR THE DELIVERY, SECURITY, OR AVAILABILITY OF ANY DATA. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF LICENSOR FOR ANY REASON WHATSOEVER RELATED TO THE SOFTWARE, THE ACCURACY USE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH INABILITY TO USE THE SERVICESSOFTWARE, OR THAT FOR ANY CLAIMS RELATING TO THIS XXXX SHALL NOT EXCEED IN THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEAGGREGATE US$5,000.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE SOFTWARE IS PROVIDED “"AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT " WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR AS REQUIRED BY LAWIMPLIED , WE ASSUME NO RESPONSIBILITY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TIMELINESSAUTHOR DOES NOT WARRANT, DELETIONGUARANTEE, MISDELIVERY OR FAILURE TO STORE MAKE ANY USER COMMUNICATIONS REPRESENTATIONS REGARDING THE USE, OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE THE RESULTS OF THE SERVICES IS AT YOUR SOLE RISKUSE, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SOFTWARE OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS DOWNLOADED ASSUMED BY YOU. IF THE SOFTWARE OR OBTAINED AT YOUR OWN DISCRETION WRITTEN MATERIALS ARE DEFECTIVE YOU, AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESNOT THE AUTHOR OR IT'S DEALERS, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM DISTRIBUTORS, AGENTS, OR LOSS EMPLOYEES, ASSUME THE ENTIRE COST OF DATA THAT RESULTS FROM ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS IS THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THAT IS MADE BY THE HARDWAREAUTHOR ON THIS SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR, THE SOFTWAREIT'S DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES WAY INCREASE THE SCOPE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIS WARRANTY, AND WE MAKE NO YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE. THIS WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY BE OBTAINED HAVE OTHER RIGHTS, WHICH VARY FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESTATE TO STATE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED ”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSANY AND ALL WARRANTIES, DELETIONWHETHER EXPRESS, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARESTATUTORY OR OTHERWISE, THE SOFTWAREINCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND WE MAKE NO AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY ANY CONTENT OR RELIABILITY OF ANY INFORMATION OBTAINED AVAILABLE THROUGH THE SERVICES, OR THAT INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES WILL MEET IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREETHIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING.

Warranty Disclaimer. CARAHSOFT DOES NOT WARRANT THAT THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN PERFORMED UNDER THIS AGREEMENT OR AS REQUIRED BY LAWANY SERVICE ORDER WILL: A) BE UNINTERRUPTED OR ERROR-FREE OR THAT CARAHSOFT WILL CORRECT ALL DEFECTS OR PREVENT THIRD-PARTY DISRUPTIONS OR UNAUTHORIZEIND THIRD-PARTY ACCESS; (B) DETECT OR IDENTIFY ALL SECURITY OR NETWORK THREATS TO, WE ASSUME NO RESPONSIBILITY OR VULNERABILITIES OF END USER’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS; (C) PREVENT INTRUSIONS INTO OR ANY DAMAGE TO END USER’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS INCLUDING LOSS OF DATA; (D) RETURN CONTROL OF END USER OR THIRD-PARTY SYSTEMS WHERE UNAUTHORIZED ACCESS OR CONTROL HAS OCCURRED; OR (E) MEET OR HELP END USER MEET ANY INDUSTRY STANDARD OR ANY OTHER REQUIREMENTS INCLUDING THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD NOT OTHERWISE SET FORTH IN A SERVICE ORDER. THE WARRANTIES SET FORTH HEREIN AND THOSE SPECIFIED FOR INDIVIDUAL CARAHSOFT PRODUCTS AND SERVICESS IN EACH APPLICABLE SERVICE ORDER ARE THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND EXCLUSIVE WARRANTIES FROM CARAHSOFT AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESREPLACE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM THE IMPLIED WARRANTIES OR LOSS CONDITIONS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDSATISFACTORY QUALITY, EITHER EXPRESS OR IMPLIEDMERCHANTABILITY, CONCERNING THE HARDWARENON-INFRINGEMENT, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. CARAHSOFT’S WARRANTIES WILL NOT APPLY IF THERE HAS BEEN MISUSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESMODIFICATION, OR THAT THE SERVICES WILL MEET ANY USERDAMAGE NOT CAUSED BY CARAHSOFT OR ITS SUBCONTRACTORS, FAILURE TO COMPLY WITH INSTRUCTIONS PROVIDED BY XXXXXXXXX, OR AS OTHERWISE STATED IN CARAHSOFT’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPUBLISHED POLICY.

Warranty Disclaimer. To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, THE SERVICES SOFTWARE (AND RELATED DOCUMENTATION ARE ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, CONCERNING YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE HARDWARESOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, SAGE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS FREE, OR ANY PART THEREOFFREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL SATISFY YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAGE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND WE MAKE LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION. THERE IS NO WARRANTY OR REPRESENTATION REGARDING CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE RESULTS THAT MAY BE OBTAINED FROM SOFTWARE. THE USE ENTIRE RISK OF THE SERVICESQUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SERVICES, OR THAT FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT SECTION 6 OR AS REQUIRED BY LAWSCHEDULE “C”, WE ASSUME NO RESPONSIBILITY FOR BLUECAT DOES NOT REPRESENT OR WARRANT THAT THE TIMELINESSBLUECAT OFFERINGS, DELETIONAPPLIANCES, MISDELIVERY MANAGED SERVICES, HOSTED SERVICES OR FAILURE TO STORE ANY USER COMMUNICATIONS PROFESSIONAL SERVICES WILL BE UNINTERRUPTED OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, ERROR FREE OR THAT ANY MATERIAL AND/OR DATA DOWNLOADED ALL ERRORS CAN OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT CORRECTED; NOR DOES IT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY OF THEM. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.2, THIS SECTION 6, AND SCHEDULE “C”, THE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE ACCURACY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUECAT HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR RELIABILITY IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON- INFRINGEMENT, CURRENCY, RELIABILITY, SECURITY, OR UNINTERRUPTED USE. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, BLUECAT EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION OBTAINED THROUGH PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF ANY OF THE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES OR THAT THE PROFESSIONAL SERVICES WILL MEET IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPURPOSE WHATSOEVER.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAND NEITHER PARTY MAKES ANY WARRANTY, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE HARDWAREWARRANTY OF MERCHANTABILITY, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND WE ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE NO WARRANTY OR REPRESENTATION ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE SERVICESSYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE ACCURACY SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELIABILITY RELATIONSHIP OF ANY INFORMATION OBTAINED KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE SERVICES, OR THAT OPERATION OF THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELYVIRUS-FREE OR ERROR-FREE. FURTHER, SECURE OR ERROR FREEHMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Warranty Disclaimer. EXCEPT FOR ANY WARRANTY THAT MAY BE OFFERED BY ROCHE, THE SERVICES AND RELATED DOCUMENTATION ARE TABLEAU SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE, IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TABLEAU MAKES NO WARRANTIES TO ANY PERSON OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR ENTITY WITH RESPECT TO THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND TABLEAU SOFTWARE AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESDISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDTITLE, EITHER EXPRESS OR IMPLIEDNONINFRINGEMENT, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE 7. Limitation of Damages and Remedies IN NO EVENT SHALL TABLEAU BE LIABLE UNDER CONTRACT, AND WE MAKE NO WARRANTY TORT, STRICT LIABILITY OR REPRESENTATION REGARDING OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RESULTS THAT MAY TABLEAU SOFTWARE. NOTWITHSTANDING ANYTHING IN THE END USER AGREEMENT TO THE CONTRARY, THE TOTAL LIABILITY OF TABLEAU TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY CUSTOMER WITH RESPECT TO THE TABLEAU SOFTWARE. TABLEAU SHALL NOT BE OBTAINED FROM THE USE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF TABLEAU HAS BEEN ADVISED OF THE SERVICES, POSSIBILITY OF SUCH DAMAGES. THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR PARTIES AGREE THAT THE SERVICES WILL MEET LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT TABLEAU WOULD NOT PERMIT CUSTOMER TO USE THE TABLEAU SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY USER’S REQUIREMENTS, REMEDY SPECIFIED IN THE END USER AGREEMENT SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEFOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS PATENT LICENSE AGREEMENT OR AS REQUIRED BY LAWIN THE SETTLEMENT AGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY REPRESENTATIONS OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, INCLUDING ANY EXPRESS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING NON-INFRINGEMENT, INCLUDING WITHOUT LIMITATION (1) FOR THE RESULTS THAT MAY BE OBTAINED FROM PURDUE COMPANIES, WITH RESPECT TO THE USE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE SERVICESPURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT, OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS PATENT LICENSE AGREEMENT OR IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE ACCURACY OR RELIABILITY PRACTICE OF ANY INFORMATION OBTAINED THROUGH INVENTION CLAIMED IN AN PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE SERVICESPURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVE MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF IMPAX PRODUCTS BY IMPAX DOES NOT, INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY WHO IS NOT AN AFFILIATE OF THE PURDUE COMPANIES. IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE SERVICES PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO IMPAX IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE IMPAX PRODUCT. FURTHER, IMPAX WILL MEET NOT GIVE ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE SUCH GUARANTEE OR ERROR FREEWARRANTY TO ANY THIRD PARTIES ON BEHALF OF THE PURDUE COMPANIES.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND DIGITAL SAMBA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. DIGITAL SAMBA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DIGITAL SAMBA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DIGITAL SAMBA NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Warranty Disclaimer. 8.1 BANK WARRANTS THAT THE SERVICES PERFORMED UNDER THIS SS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL AND RELATED DOCUMENTATION ARE PROVIDED “WORKMANLIKE MANNER CONSISTENT WITH STANDARDS IN THE SOFTWARE SERVICES INDUSTRY, AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT APPLICABLE, BUT MAKES NO OTHER REPRESENTATIONS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDNATURE WITH RESPECT TO THE SUBJECT MATTER OF THIS SS AGREEMENT. BANK’S OBLIGATIONS AND LIABILITIES AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS SS AGREEMENT ARE EXCLUSIVE. BANK AND ITS LICENSORS HEREBY DISCLAIM, EITHER AND YOU WAIVE AND RELEASE BANK, ITS LICENSORS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREARISING BY LAW OR OTHERWISE, THE WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE, OR ANY PART THEREOFOTHER MATTERS PROVIDED UNDER THIS SS AGREEMENT, INCLUDING INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR APPLICATION OR OTHER IMPLIED CONTRACTUAL WARRANTY; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND WE MAKE NO (D) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR REPRESENTATION REGARDING FREEDOM FROM ERROR. WITHOUT LIMITING THE RESULTS THAT MAY BE OBTAINED FROM THE USE GENERALITY OF THE SERVICESFOREGOING, NEITHER BANK, ITS SERVICE PROVIDERS NOR ITS LICENSORS WARRANT THAT OPERATION OF THE ACCURACY SOFTWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESRDC SERVICE WILL BE ERROR-FREE, THAT ITS OPERATION WILL BE UNINTERRUPTED OR THAT THE SERVICES ALL DEFICIENCIES OR ERRORS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREECORRECTED.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS REQUIRED AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSDISCLAIM ALL REPRESENTATIONS, DELETIONWARRANTIES AND CONDITIONS, MISDELIVERY EXPRESS OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESIMPLIED, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM ANY TERMS, REPRESENTATIONS, WARRANTIES OR LOSS CONDITIONS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDDURABILITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND WE MAKE NO WARRANTY THOSE ARISING BY STATUTE OR REPRESENTATION REGARDING IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE RESULTS THAT MAY BE OBTAINED FROM THE USE GENERALITY OF THE SERVICESFOREGOING, WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY OF THE ACCURACY PRODUCTS WILL MEET PURCHASER’S BUSINESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OTHER REQUIREMENTS; (B) THE SERVICESPRODUCTS WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION; (C) THE PRODUCTS WILL BE ERROR-FREE, VIRUS-FREE OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT (D) ANY ERRORS IN THE PRODUCTS CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR WARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES WILL MEET ANY USER’S REQUIREMENTSINCLUDING BUT NOT LIMITED TO WIRELESS SERVICES, BE UNINTERRUPTEDMAPPING SERVICES, TIMELYPOSTED ROAD SPEED SERVICES, SECURE OR ERROR FREEINTERNET BANDWIDTH AND CLOUD STORAGE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND XPAND IT AND ITS RESELLERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER XPAND IT NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS,” “WHERE AS,” AND “AS AVAILABLE” BASIS, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH WITH ALL FAULTS TO THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED OR ARISING FROM STATUTE, CONCERNING THE HARDWARECOURSE OF DEALING, THE SOFTWARE, USAGE OF TRADE OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, AND WE MAKE WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NO WARRANTY OR REPRESENTATION REGARDING IS MADE THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES SOFTWARE WILL MEET ANY USER’S YOUR REQUIREMENTS, (ii) ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR ERROR-FREE, (iii) RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (iv) THE SOFTWARE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND OJ ELECTRONICS DISCLAIMS ANY LIABILITY RELATING THERETO. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT OJ ELECTRONICS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR THE PRODUCT, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE OR PRODUCT, ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION OF THE SOFTWARE, AND/OR ANY OTHER FAILURE OR PERFORMANCE OF THE SOFTWARE, OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES ON THE SOFTWARE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON OJ ELECTRONICS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT IN NO EVENT SHALL OJ ELECTRONICS OR ANY OF ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LOSS, DAMAGE, COST OR INJURY, ARISING OUT OF OR RELATING TO YOUR MISINTERPRETATION OR FAULTY INTERPRETATION OF ANY DATA GENERATED, CALCULATED, REPORTED OR DISPLAYED BY THE SOFTWARE OR PRODUCT. YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST OJ ELECTRONICS, AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR PRODUCT OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES. TO THE EXTENT THAT YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE WAIVE OF ALL CLAIMS IN THE MANNER SET OUT ABOVE, IN NO EVENT SHALL OJ ELECTRONICS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR PRODUCT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO OJ ELECTRONICS FOR USE OF THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THIS XXXX. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS AGREEMENT OR AS REQUIRED THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSTURNITIN, DELETIONITS AFFILIATES, MISDELIVERY VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR FAILURE STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO STORE ANY USER COMMUNICATIONS REPRESENTATION OR PERSONALIZED SETTINGS. YOU UNDERSTAND DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT TURNITIN, ITS AFFILIATES, VENDORS AND WE MAKE NO WARRANTY LICENSORS DOES NOT OPERATE OR REPRESENTATION REGARDING CONTROL THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESINTERNET AND THAT: (I) VIRUSES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESWORMS, TROJAN HORSES, OR THAT THE SERVICES WILL MEET ANY OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER’S REQUIREMENTS'S DATA, COMPUTERS, OR NETWORKS. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT BE UNINTERRUPTEDRESPONSIBLE FOR SUCH ACTIVITIES. Turnitin is not obligated to, TIMELYmonitor or review any areas of the Site where user Communications may be made available, SECURE OR ERROR FREEincluding, but not limited to, chat rooms, bulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of Turnitin. Turnitin does not preview user Communications before they appear on the Site. Turnitin will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. Turnitin retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. Turnitin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. Turnitin is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR AS REQUIRED BY LAWIN THE SETTLEMENT AGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY REPRESENTATIONS OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, INCLUDING ANY EXPRESS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING NON-INFRINGEMENT, INCLUDING WITHOUT LIMITATION (1) FOR THE RESULTS THAT MAY BE OBTAINED FROM PURDUE COMPANIES, WITH RESPECT TO THE USE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE SERVICESPURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS SUPPLEMENTAL LICENSE AGREEMENT, THE ACCURACY PLA OR RELIABILITY THE SETTLEMENT AGREEMENT, OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INFORMATION OBTAINED THROUGH INVENTION CLAIMED IN ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE SERVICESPURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF IMPAX PRODUCTS BY IMPAX DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY WHO IS NOT AN AFFILIATE OF THE PURDUE COMPANIES. IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE SERVICES PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO IMPAX IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE IMPAX PRODUCT. FURTHER, IMPAX WILL MEET NOT OWE ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE SUCH GUARANTEE OR ERROR FREEWARRANTY TO ANY THIRD PARTIES ON BEHALF OF THE PURDUE COMPANIES.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION PRODUCTS ARE PROVIDED “DURING THE EVALUATION PERIOD ON AN "AS IS.” EXCEPT " BASIS. PHOENIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. LICENSEE ACKNOWLEDGES THAT EVALUATION SOFTWARE IS PROVIDED SOLELY FOR EVALUATION USE AND TESTING, AND THAT EVALUATION SOFTWARE MAY HAVE DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY PHOENIX. NOTWITHSTANDING ANY OTHER PROVISION, EVALUATION SOFTWARE IS PROVIDED "AS OTHERWISE PROVIDED IN THIS AGREEMENT IS", “AS-AVAILABLE”, WITHOUT WARRANTY, REPRESENTATION OR AS REQUIRED BY LAWINDEMNITY OF ANY KIND, WE ASSUME NO RESPONSIBILITY EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, DELETIONQUALITY, MISDELIVERY SECURITY, SUITABILITY, TRUTH, AVAILABILITY, COMPLETENESS OR FAILURE TO STORE ACCURACY OF EVALUATION SOFTWARE. PHOENIX IS NOT LIABLE FOR LOSS OF DATA OR ANY USER COMMUNICATIONS DAMAGES, DIRECT OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF EVALUATION SOFTWARE, THROUGH AND AFTER THE SERVICES IS AT YOUR SOLE RISKEVALUATION TESTING PERIOD. PHOENIX DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON EVALUATION SOFTWARE, OR THAT THE QUALITY OF ANY INFORMATION, DATA, RESULTS OR MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH EVALUATION SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; ERRORS OR DEFECTS WILL BE CORRECTED; OR THE SERVICE OR SERVER USED TO PROVIDE HOSTED SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOSTED SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICES INTERNET AND ELECTRONIC COMMUNICATIONS. PHOENIX IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY NOT RESPONSIBLE FOR ANY DAMAGESRESULTING DELAYS, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWAREDELIVERY FAILURE, OR DAMAGES. LICENSEE HAS SOLE RESPONSIBILITY FOR FULFILLING ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, REQUIREMENTS OR ACCOMPLISHING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS OBJECTIVES FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEWHICH LICENSEE USES EVALUATION SOFTWARE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES OVERTURE MARKETPLACE IS AT YOUR SOLE OWN RISK. THE OVERTURE MARKETPLACE IS AVAILABLE ON AN "AS IS" BASIS, THAT WITHOUT WARRANTY OF ANY MATERIAL KIND, EXPRESS OR IMPLIED. NEITHER OVERTURE NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS, OR ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OVERTURE MARKETPLACE, THE SUCCESS OF YOUR SEARCH LISTING AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH OVERTURE AND/OR DATA DOWNLOADED THE OVERTURE MARKETPLACE OR OTHERWISE ANY RESULTS OBTAINED THROUGH THE USE THEREOF. OVERTURE HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESOVERTURE DISTRIBUTION NETWORK, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL ATTORNEYS AND/OR DATA. WE DO NOT MAKE EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE OVERTURE MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND (2) ANY WARRANTIES OF ANY KIND, EITHER EXPRESS TITLE OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT YOU MAY BE OBTAINED ALSO HAVE OTHER RIGHTS, WHICH VARY FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESTATE TO STATE.

Warranty Disclaimer. THE SERVICES AMERILYZER AND RELATED DOCUMENTATION ARE PROVIDED TO AUTHORIZED USER “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION WITH ALL FAULTS AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING DEFECTS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EITHER EXPRESS OR AMERILIFE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARESTATUTORY, OR ANY PART THEREOFOTHERWISE, INCLUDING WITH RESPECT TO THE AMERILYZER AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND WE MAKE NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE AMERILIFE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR KIND THAT THE SERVICES AMERILYZER WILL MEET ANY THE AUTHORIZED USER’S REQUIREMENTS, MEET THE REQUIREMENTS OF THE FIDUCIARY RULE OR OTHER APPLICABLE LAW RELATED TO THE SALE OF INSURANCE PRODUCTS, ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTEDCOMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, TIMELY, SECURE MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES AND RELATED DOCUMENTATION PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE”, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND WITH ALL FAULTS AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, AND N21 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, CONCERNING THE HARDWAREINCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR ANY PART THEREOFOF SATISFACTORY QUALITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WE MAKE NO WARRANTY FREEDOM FROM PATENT INFRINGEMENT OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICESAPPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ACCURACY APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL MEET BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY N21 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES 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 UNDERSTAND AND AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY USER’S REQUIREMENTSPURCHASE PRICE FOR THE APPLICATION AND THAT, BE UNINTERRUPTEDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMELYMOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, SECURE AND/OR ERROR FREEANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

Warranty Disclaimer. EXCEPT FOR THE SERVICES AND RELATED DOCUMENTATION EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING “AS-AVAILABLE” BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDAND, CONCERNING TO THE HARDWAREFULLEST EXTENT PERMITTED BY LAW, THE SOFTWAREEXTRAHOP AND ITS SUPPLIERS, OR SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY PART THEREOF, AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. EXTRAHOP MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET ANY USERCUSTOMER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT I.T. SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 11.1, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLUBWORKS, INC. PRODUCTS AND ALL SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND WITH ALL FAULTS. CLUBWORKS, INC. AND MEDALLIA: (I) DO NOT REPRESENT OR AS REQUIRED BY LAWWARRANT THAT THE (A) CLUBWORKS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSINC. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU PRODUCTS WILL BE SOLELY RESPONSIBLE FOR SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, (B) ANY DAMAGESCLUB OWNER CONTENT, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM CLUBWORKS, INC. PRODUCTS DATA, OR LOSS OF OTHER STORED DATA WILL BE ACCURATE, OR NON-CORRUPTED, OR (C) THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATACLUBWORKS, INC. WE DO NOT MAKE ANY WARRANTIES PRODUCTS WILL BE FREE OF ANY KINDVIRUSES OR MALICIOUS CODE WHICH CANNOT BE DETECTED USING COMMERCIALLY AVAILABLE PRODUCTS AND (II) SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREWITH RESPECT TO CLUBWORKS, THE SOFTWAREINC. PRODUCTS. CLUBWORKS, INC. PRODUCTS DATA, OR OTHER STORED DATA AND ANY PART THEREOFRELATED SERVICES, INCLUDING WITHOUT LIMITATIONINCLUDING, ANY BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF ANY KNOWLEDGE OF CLUB OWNER’S PARTICULAR NEEDS. CLUB OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. NEITHER CLUBWORKS, INC. NOR MEDALLIA SHALL BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE OTHER PROBLEMS INHERENT IN USE OF THE SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF CLUBWORKS, INC., EXCEPT AS OTHERWISE STATED HEREIN. CLUBWORKS, INC. AND MEDALLIA MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY STATISTICAL SIGNIFICANCE OF CLUBWORKS, INC. PRODUCTS DATA OR RELIABILITY ANY OTHER INFORMATION PROVIDED BY OR DERIVED FROM CLUBWORKS, INC. PRODUCTS OR THE SUITABILITY OF THIS DATA FOR USE IN ANY INFORMATION OBTAINED THROUGH WAY, INCLUDING WITHOUT LIMITATION, TO MAKE BUSINESS, ECONOMIC, EMPLOYMENT, FRANCHISE OR PROMOTIONAL DECISIONS. IT IS CLUB OWNER’S SOLE RESPONSIBILITY TO DETERMINE THE SERVICESSUITABILITY OF THE CLUBWORKS, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEINC. PRODUCTS DATA FOR ALL USES.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PLATFORM IS PROVIDED “AS IS.”, “AS AVAILABLE” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSBASIS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PLATFORM IS AT THE SERVICES USER’S SOLE RISK. THE PLATFORM IS DOWNLOADED PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES GUARANTEE OF ANY KINDKIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND WE MAKE NO WARRANTY ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR REPRESENTATION REGARDING USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. TDSL, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS THAT MAY BE OBTAINED FROM OF USING THE PLATFORM PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE SERVICESPLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESRULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTSBEST PRACTICES, BE UNINTERRUPTEDINCLUDING BUT NOT LIMITED TO PRIVACY LAWS, TIMELYPROFESSIONAL LICENSURE, SECURE OR ERROR FREE.REIMBURSEMENT;

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES PURECLOUD SERVICE, EQUIPMENT, AND RELATED DOCUMENTATION OTHER SERVICES, DELIVERABLES, PRODUCTS AND MATERIALS ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT ”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESSTATUTORY, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDSATISFACTORY QUALITY, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, COMPATIBILITY, SECURITY, QUIET ENJOYMENT, TIMELINESS, COMPLETENESS, OR ACCURACY. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY DO NOT WARRANT THAT ACCESS TO OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESPURECLOUD SERVICE OR OTHER SERVICES OR MATERIALS PROVIDED BY US WILL BE UNINTERRUPTED OR ERROR-FREE. IT IS YOUR RESPONSIBILITY TO SELECT THE SERVICE NECESSARY TO ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS WHICH VARY BY JURISDICTION. IF THE SERVICESIMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXLCUDED IN THEIR ENTIRETY, OR YOU AGREE THAT THEY WILL BE LIMITED TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEGREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Warranty Disclaimer. THE EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 13, ALL CLOUD PRODUCTS, SUPPORT AND ADDITIONAL SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, AND WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS DO NOT WARRANT THAT MAY BE OBTAINED FROM THE YOUR USE OF THE SERVICESCLOUD PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THE THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR RELIABILITY THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE CLOUD PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY INFORMATION OBTAINED THROUGH THE SERVICESOF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICES INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. TO THE SERVICES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND RELATED DOCUMENTATION ARE EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE (AND ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, CONCERNING YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE HARDWARESOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, COMPANY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS FREE, OR ANY PART THEREOFFREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL SATISFY YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND WE MAKE LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION. THERE IS NO WARRANTY OR REPRESENTATION REGARDING CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE RESULTS THAT MAY BE OBTAINED FROM SOFTWARE. THE USE ENTIRE RISK OF THE SERVICESQUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SERVICES, OR THAT FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, NUIX MAKES NO OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS WITH RESPECT TO THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT SOFTWARE OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE ANY OTHER PRODUCT (INCLUDING BUT NOT LIMITED TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDSATISFACTORY QUALITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, QUALITY, OR SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND WE MAKE NO WARRANTY ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR REPRESENTATION REGARDING TRADE PRACTICE. WITHOUT LIMITING THE RESULTS FOREGOING, NUIX DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE SOFTWARE OR OTHER PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SERVICESSOFTWARE OR OTHER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE ACCURACY SOFTWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OTHER PRODUCTS WILL BE CORRECTED OR THAT THE SERVICES SOFTWARE WILL MEET DETECT OR CORRECT ANY USERTHREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND OTHER PRODUCTS ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S REQUIREMENTSPURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE LIMITATIONS IN THIS SECTION 12 WILL NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE UNINTERRUPTEDEXCLUDED, TIMELYRESTRICTED OR MODIFIED ("NON-EXCLUDABLE PROVISION"), SECURE OR ERROR FREE.SUBJECT TO SECTION 13.3.‌

Warranty Disclaimer. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE SERVICES AND RELATED DOCUMENTATION ARE PRODUCT IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR AS REQUIRED BY LAWWRITTEN, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GDI, CONCERNING THE HARDWAREITS SUPPLIERS, THE SOFTWAREAND LICENSORS SPECIFICALLY DISCLAIM ANY OTHER WARRANTIES AND REMEDIES, OR ANY PART THEREOFINCLUDING, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THE USE OF REASONABLE SKILL AND CARE; ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND WE MAKE ANY WARRANTIES RELATING TO SECURITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GDI MAKES NO WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE PERFORMANCE OR RELIABILITY OF ANY OTHER PRODUCTS, SERVICES, OR ANY THIRD PARTY PRODUCTS (SOFTWARE OR HARDWARE) OR SERVICES. THERE IS NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED, FAULT- TOLERANT, SECURE, OR ERROR-FREE, OR THAT THE PRODUCT WILL BE FREE FROM DEFECTS OR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF GDI AND ITS SUPPLIERS, RELATING TO ALL PRODUCTS, SERVICES, AND WARRANTIES SHALL BE, AT GDI’S OPTION, (1) TO REPAIR OR REPLACE THE PRODUCT OR RE-PERFORM THE SERVICE THAT DOES NOT MEET THE LIMITED WARRANTY, OR (2) PROVIDE A REFUND OF THE THEN- CURRENT REASONABLE COMMERCIAL VALUE (IF ANY) FOR THE PRODUCT OR SERVICE THAT DOES NOT MEET THE LIMITED WARRANTY. EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE SHALL BE NO REFUNDS, RETURNS, EXCHANGES, OR REPLACEMENTS. GDI MAKES NO WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY PERFORMANCE OR RELIABILITY OF ANY INFORMATION OBTAINED THIRD PARTY HARDWARE PRODUCTS, AND GDI WILL PASS THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREETHIRD PARTY WARRANTY TO CUSTOMER AS PERMITTED.

Warranty Disclaimer. THE SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES AND RELATED DOCUMENTATION (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AVAILABLE” WITH ALL FAULTS AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION DEFECTS AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EITHER EXPRESS OR PENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, CONCERNING STATUTORY OR OTHERWISE, WITH RESPECT TO THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOFSERVICE, INCLUDING WITHOUT LIMITATIONALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ANY WARRANTIES OF MERCHANTABILITY OR QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND WE MAKE NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION REGARDING OF ANY KIND, THAT THE RESULTS SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT MAY ANY ERRORS OR DEFECTS CAN OR WILL BE OBTAINED FROM THE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO AND USE OF THE SERVICES, THE ACCURACY OR RELIABILITY SERVICE AND REGARDLESS OF ANY INFORMATION OBTAINED PROVIDED THROUGH THE SERVICESSERVICE (WHETHER ACCURATE OR INACCURATE), INCLUDING WITH RESPECT TO THE OPERATION, MAINTENANCE OR THAT PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES WILL MEET ANY USER’S REQUIREMENTSUSED IN CONNECTION WITH THE SERVICE. THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEIN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer. EXCEPT FOR THE SERVICES AND RELATED DOCUMENTATION EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING “AS-AVAILABLE” BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDAND, CONCERNING TO THE HARDWAREFULLEST EXTENT PERMITTED BY LAW, THE SOFTWAREEXTRAHOP AND ITS SUPPLIERS, OR SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY PART THEREOF, AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. EXTRAHOP MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET ANY USERCUSTOMER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT IT SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.

Warranty Disclaimer. EXCEPT FOR THE SERVICES AND RELATED DOCUMENTATION EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING “AS-AVAILABLE” BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDAND, CONCERNING TO THE HARDWAREFULLEST EXTENT PERMITTED BY LAW, THE SOFTWARE, OR EXTRAHOP AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY PART THEREOF, AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. EXTRAHOP MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET ANY USERCUSTOMER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT IT SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.

Warranty Disclaimer. THE SERVICES EXCEPT AS PROVIDED IN SECTION 12 (LIMITED WARRANTY), MATCHBOOK AND RELATED DOCUMENTATION ANY REPORTS GENERATED FROM MATCHBOOK ARE PROVIDED “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAND “AS-AVAILABLE,” WITH ALL FAULTS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND. SBIS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EITHER GUARANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, CONCERNING THE HARDWAREORAL OR WRITTEN) INCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, QUALITY OF INFORMATION, TITLE/NON-INFRINGEMENT, AND WE MAKE THOSE ALLEGED TO ARISE BY A CUSTOM OR USAGE IN A TRADE, OR BY COURSE OF DEALING. SBIS MAKES NO REPRESENTATION OR WARRANTY THAT MATCHBOOK OR REPRESENTATION REGARDING ANY REPORT GENERATED FROM MATCHBOOK IS FIT FOR ANY PARTICULAR PURPOSE OR THAT THE RESULTS THAT MAY OPERATION OF MATCHBOOK, OR THE UNDERLYING VALUATION TOOLS, WILL BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY UNINTERRUPTED OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESERROR-FREE, OR THAT THE SERVICES DEFECTS IN MATCHBOOK WILL MEET ANY BE CORRECTED. USER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF MATCHBOOK IS AT USER’S REQUIREMENTSSOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SBIS OR SBIS’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES CONTAINED IN SECTION 12. SBIS MAKES NO WARRANTY AS TO THE ADEQUACY OR CAPACITY OF ANY HARDWARE OR THIRD PARTY SOFTWARE TO ATTAIN SOME OR ALL OF THE PERFORMANCE OBJECTIVES OF USER. MANY FACTORS, BE UNINTERRUPTEDINCLUDING BUT NOT LIMITED TO THE TYPE OF NETWORK, TIMELYTHE AMOUNT OF TOTAL NETWORK TRAFFIC, SECURE OR ERROR FREEAND THE TYPE AND PATTERN OF USAGE OF MATCHBOOK ON THE NETWORK, WILL IMPACT THE PERFORMANCE OF MATCHBOOK.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND ANY SERVICES AND RELATED DOCUMENTATION PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE”, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND WITH ALL FAULTS AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, AND UBACK AND ITS LICENSOR(S) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, CONCERNING THE HARDWAREINCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR ANY PART THEREOFOF SATISFACTORY QUALITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WE MAKE NO WARRANTY FREEDOM FROM PATENT INFRINGEMENT OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UBACK AND ITS LICENSOR(S) DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICESAPPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ACCURACY APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL MEET ANY USER’S REQUIREMENTSBE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UBACK OR ITS AUTHORIZED REPRESENTATIVE OR ITS LICENSOR(S) SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, BE UNINTERRUPTEDYOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, TIMELYREPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SECURE OR ERROR FREESO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND TTI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. TTI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TTI. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TTI NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND RELATED DOCUMENTATION ON THW APP /THE WEBSITE ARE PROVIDED “ON AN "AS IS.", “WITH ALL FAULTS” EXCEPT AND "AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE" BASIS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND WITHOUT WARRANTIES OF ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATAKIND. WE DO NOT MAKE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY OR MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND WE MAKE NO EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES ON THE APP/THE WEBSITE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR SECURED, ERROR FREE., THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND AYFIE EXPRESSLY DISCLAIMS ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE END USER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. AYFIE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AYFIE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AYFIE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE.; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE END USER THROUGH THE PRODUCTS) SHALL MEET THE END USER’S REQUIREMENTS OR EXPECTATIONS);

Warranty Disclaimer. THE SERVICES PLATFORM, BUYER DATA, AND RELATED DOCUMENTATION ASSESSMENTS ARE PROVIDED TO SUPPLIER AND ITS USERS SOLELY AND EXCLUSIVE ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND. SUPPLIER ASSUMES ALL RISKS AND LIABILITIES PERTAINING TO ITS USE OF THE PLATFORM AND ITS COMMERCIAL OR BUSINESS RELATIONSHIP WITH THE BUYER. SUPPLYSHIFT MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS NON-INFRINGEMENT. SUPPLYSHIFT DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY PLATFORM WILL BE UNINTERRUPTED OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDERROR- FREE, TIMELY, SECURE OR ERROR FREESECURE. SUPPLYSHIFT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, PLATFORM FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES OUTSIDE OF SUPPLYSHIFT’S CONTROL. SUPPLYSHIFT DOES NOT MAKE ANY WARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO BUYER DATA OR A BUYER’S DECISIONS BASED ON COMPLETED ASSESSMENTS. SUPPLIER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. SUPPLYSHIFT IS NOT A PARTY TO, A THIRD-PARTY BENEFICIARY OF, OR A GUARANTOR OF PERFORMANCE WITH RESPECT TO ANY BUYER OR SUPPLIER OR ANY TRANSACTION BETWEEN A BUYER AND ANY SUPPLIER.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS,” “WHERE AS,” AND “AS AVAILABLE” BASIS, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH WITH ALL FAULTS TO THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED OR ARISING FROM STATUTE, CONCERNING COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NO WARRANTY IS MADE THAT (i) THE HARDWARESOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SOFTWARESOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (iv) THE SOFTWARE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND OJ ELECTRONICS DISCLAIMS ANY PART THEREOFLIABILITY RELATING THERETO. X-SW-1031W IS FREE SOFTWARE LICENSED UNDER THE TERMS OF THE GNU GENERAL PUBLIC LICENSE VERSION 2 AS PUBLISHED BY THE FREE SOFTWARE FOUNDATION. X-SW103W IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, INCLUDING BUT WITHOUT LIMITATION, ANY WARRANTIES WARRANTY; WITHOUT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEE THE GNU GENERAL PUBLIC LICENSE FOR MORE DETAILS, <XXXX://XXX.XXX.XXX/ LICENSES/>. YOU MAY OBTAIN A COPY OF THE SOURCE CODE FOR X-SW-1031W UNDER THE TERMS OF THE GPL UPON WRITTEN REQUEST. Limitation of Liability. YOU ACKNOWLEDGE AND WE MAKE NO WARRANTY AGREE THAT OJ ELECTRONICS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATION REGARDING THE RESULTS THAT MAY REPRESENTATIVES SHALL NOT IN ANY EVENT BE OBTAINED LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING FROM THE YOUR USE OF THE SERVICESSOFTWARE OR THE PRODUCT, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE OR PRODUCT, ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION OF THE SOFTWARE, AND/OR ANY OTHER FAILURE OR PERFORMANCE OF THE SOFTWARE, OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES ON THE SOFTWARE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON OJ ELECTRONICS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT IN NO EVENT SHALL OJ ELECTRONICS OR ANY OF ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LOSS, DAMAGE, COST OR INJURY ARISING OUT OF OR RELATING TO YOUR MISINTERPRETATION OR FAULTY INTERPRETATION OF ANY DATA GENERATED, CALCULATED, REPORTED OR DISPLAYED BY THE SOFTWARE OR PRODUCT. YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST OJ ELECTRONICS AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR PRODUCT OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES. TO THE EXTENT THAT YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE WAIVER OF ALL CLAIMS IN THE MANNER SET OUT ABOVE, IN NO EVENT SHALL OJ ELECTRONICS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR PRODUCT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO OJ ELECTRONICS FOR USE OF THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THIS XXXX. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. EXCEPT FOR THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED WARRANTY EXPLICITLY SET FORTH ON XXX.XXXXXXX.XXX/XXXXX TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSNEITHER SANGOMA, DELETIONNOR ITS THIRD-PARTY LICENSORS OR SUPPLIERS, MISDELIVERY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND TO YOU OR ANY END USER, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWAREBUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS OF MERCHANTIBILITY, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY SUCH PERSON OR ENTITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SANGOMA, ITS THIRD PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR ECONOMIC DAMAGE OR INJURY TO PROPERTY, INCLUDING LOST PROFITS OR LOST REVENUES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY AND WE MAKE NO WARRANTY REGARDLESS OF WHETHER SUCH PERSON OR REPRESENTATION REGARDING ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF THE RESULTS THAT POSSIBLITY OF SUCH DAMAGES, EXEPT TO THE EXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR ENTITY. SOME COUNTRIES, STATES, OR PROVINCES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE OBTAINED FROM LIMITED IN THEIR APPLICATION TO YOU. IF THE USE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE DURATION OF XXXXXXX’S WARRANTY AVAILABLE IN THE SERVICESWARRANTY, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESRETURN, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEAND SHIPPING POLICY AVAILABLE ON XXX.XXXXXXX.XXX/XXXXX.

Warranty Disclaimer. EXCEPT FOR THE SERVICES AND RELATED DOCUMENTATION ARE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED “"AS IS.” " AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESWARRANTY, INCLUDING WITHOUT LIMITATION DAMAGE CONDITION, REPRESENTATION OR TERM THE EXTENT TO YOUR COMPUTER SYSTEM WHICH CANNOT BE EXCLUDED OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER TERM (EXPRESS OR IMPLIED, CONCERNING THE HARDWAREWHETHER BY STATUTE, THE SOFTWARECOMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY PART THEREOFMATTER INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES NONINFRINGEMENT OF MERCHANTABILITY THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING FOR THE INSTALLATION OF, USE OF, AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF PRODUCT. WITHOUT LIMITING THE SERVICESFOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE ACCURACY PRODUCT WILL BE ERROR-FREE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SERVICES PRODUCT WILL MEET ANY USER’S YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND XPAND IT AND ITS PARTNERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER XPAND IT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL DOWNLOADD OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Warranty Disclaimer. WITH RESPECT TO THIS AGREEMENT, THE AFFILIATE PROGRAM, THE MERCHANT CONTENT, THE MERCHANT WEBSITE, INCLUDING PRODUCTS OR SERVICES SOLD THROUGH THE MERCHANT WEBSITE OR THE OPERATION AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE MAINTENANCE OF THE SERVICES IS AT YOUR SOLE RISKMERCHANT WEBSITE OR THE AFFILIATE NETWORK, THAT NEITHER WE NOR OUR AFFILIATE PARTNER MAKE, AND WE HEREBY DISCLAIM ANY MATERIAL AND/AND ALL, REPRESENTATIONS, WARRANTIES OR DATA DOWNLOADED GUARANTEES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED IMPLIED, ARISING BY LAW OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESOTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS ANY IMPLIED WARRANTY OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OPERATION OF THE SERVICESMERCHANT WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ALL MERCHANT CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFLIATES IN CONNECTION WITH THE AFFILIATE PROGRAM IS PROVIDED “AS-IS”. 15. Limitation of Damages. WE WILL NOT HAVE ANY LIABILITY (WHETHER IN CONTRACT, THE ACCURACY WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR RELIABILITY OF OTHER THEORY) FOR ANY INFORMATION OBTAINED THROUGH THE SERVICESINDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF REVENUE, DATA OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM WILL IN NO EVENT EXCEED THE TOTAL REVENUE SHARE PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT DURING THE PRECEDING TWELVE (12) MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY AROSE. ALL CLAIMS MADE HEREUNDER BY YOU AGAINST US SHALL BE MADE WITHIN 120 DAYS OF THE ACT OR OMISSION THAT FORMS THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.BASIS OF SUCH CLAIMS. 16. Independent

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND FIELDBIT EXPRESSLY EXCLUDES AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIELDBIT SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND WE MAKE NONINFRINGEMENT, THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, FIELDBIT DOES NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIELDBIT OR ELSEWHERE WILL CREATE ANY WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESCONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ACCURACY OR RELIABILITY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY INFORMATION OBTAINED LIMITED REMEDY PROVIDED HEREIN. FIELDBIT DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT AND MENTIONS, OR THAT ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. FIELDBIT DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. FIELDBIT IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. FIELDBIT EXPRESSLY DENIES ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES WILL MEET ANY USEROR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IF YOU ARE DISSATISFIED OR HARMED BY FIELDBIT OR ANYTHING RELATED TO FIELDBIT, YOU MAY CANCEL YOUR FIELDBIT ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.2 (TERMINATION), AS APPLICABLE, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY (AND FIELDBIT’S REQUIREMENTSSOLE AND EXCLUSIVE LIABILITY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer. THE SERVICES ACDE OR ACBE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT BASIS. ALTOVA PROVIDES NO WARRANTIES FOR THE ACDE OR AS REQUIRED ACBE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, DELETIONWHETHER EXPRESS, MISDELIVERY IMPLIED OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESOTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, AND WE MAKE NO WARRANTY NON- INFRINGEMENT. ALTOVA DOES NOT WARRANT THAT THE ACDE OR REPRESENTATION REGARDING ACBE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF MANDATORILY APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED ACBE OR ACDE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE USE DATE OF INSTALLATION OR BEGIN OF USE, WHATEVER IS THE EARLIER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR FROM JURISDICTION TO JURISDICTION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SERVICES, ACDE OR ACBE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS ALTOVA FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE ACDE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEACBE SOFTWARE IN YOUR USE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND RELATED DOCUMENTATION DEVICES ARE PROVIDED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND “WITH ALL FAULTS” BASIS. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESIMPLIED, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM ANY TERMS, REPRE- SENTATIONS, WARRANTIES OR LOSS CONDITIONS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILI- TY, EITHER EXPRESS OR IMPLIEDDURABILITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-IN- FRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND WE MAKE NO WARRANTY THOSE ARISING BY STATUTE OR REPRESENTATION REGARDING IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE RESULTS THAT MAY BE OBTAINED FROM THE USE GEN- ERALITY OF THE SERVICESFOREGOING, WE CANNOT AND DO NOT REPRE- SENT, WARRANT OR COVENANT THAT: (A) ANY OF THE ACCURACY PRODUCTS WILL MEET YOUR BUSINESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OTHER REQUIREMENTS; (B) THE SERVICESPRODUCTS WILL OPERATE OR BE PROVIDED WITHOUT INTERRUP- TION; (C) THE PRODUCTS WILL BE ERROR-FREE, VIRUS-FREE OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCU- RATE, RELIABLE OR CURRENT (D) ANY ERRORS IN THE PRODUCTS CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTA- TION, OR WARRANTY WITH RESPECT TO, AND ASSUME NO RE- SPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-POLTE PRODUCTS, SOFTWARE, DATA OR SERVICES WILL MEET ANY USER’S REQUIREMENTSINCLUDING BUT NOT LIMITED TO WIRELESS SERVICES, BE UNINTERRUPTEDMAPPING SERVICES, TIMELYPOSTED ROAD SPEED SERVICES, SECURE OR ERROR FREEINTERNET BANDWIDTH AND CLOUD STORAGE.

Warranty Disclaimer. WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, NUIX MAKES NO OTHER STATUTORY,‌ EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS WITH RESPECT TO THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT SOFTWARE OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE ANY OTHER PRODUCT (INCLUDING BUT NOT LIMITED TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDSATISFACTORY QUALITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, QUALITY, OR SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND WE MAKE NO WARRANTY ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR REPRESENTATION REGARDING TRADE PRACTICE. WITHOUT LIMITING THE RESULTS FOREGOING, NUIX DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE SOFTWARE OR OTHER PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SERVICESSOFTWARE OR OTHER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE ACCURACY SOFTWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OTHER PRODUCTS WILL BE CORRECTED OR THAT THE SERVICES SOFTWARE WILL MEET DETECT OR CORRECT ANY USERTHREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND OTHER PRODUCTS ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S REQUIREMENTSPURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE LIMITATIONS IN THIS SECTION 12 WILL NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE UNINTERRUPTEDEXCLUDED, TIMELYRESTRICTED OR MODIFIED ("NON-EXCLUDABLE PROVISION"), SECURE OR ERROR FREESUBJECT TO SECTION 13.3.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION SendOutCards, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGENTS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING IN CONNECTION WITH THE HARDWARESERVICES AND YOUR USE THEREOF. SendOutCards MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, THE SOFTWAREMISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY PART THEREOFNATURE WHATSOEVER, INCLUDING WITHOUT LIMITATIONRESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY WARRANTIES UNAUTHORIZED ACCESS TO OR USE OF MERCHANTABILITY OUR SECURE SERVERS AND/OR FITNESS FOR A PARTICULAR PURPOSEANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND WE MAKE NO WARRANTY (IV) ANY INTERRUPTION OR REPRESENTATION REGARDING CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE RESULTS THAT LIKE WHICH MAY BE OBTAINED FROM TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SendOutCards DOES NOT WARRANT, THE ACCURACY ENDORSE, GUARANTEE, OR RELIABILITY OF ASSUME RESPONSIBILITY FOR ANY INFORMATION OBTAINED PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SendOutCards 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 SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Warranty Disclaimer. TO THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY EXCEPT FOR THE TIMELINESSEXPRESS WARRANTIES SPECIFIED ABOVE, DELETIONDYNATRACE DISCLAIMS ALL OTHER WARRANTIES, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKWHETHER WRITTEN, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESORAL, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDEXPRESS, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREOR STATUTORY, THE SOFTWAREINCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND WE MAKE NO WARRANTY NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DYNATRACE DOES NOT WARRANT THAT THE DYNATRACE OFFERINGS OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE SERVICESTHEREOF WILL: (A) OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, THE ACCURACY SOFTWARE, SYSTEM OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, DATA; (B) MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, EXPECTATIONS; (C) BE UNINTERRUPTED, TIMELYERROR-FREE OR VIRUS-FREE; (D) IDENTIFY, SECURE BLOCK, OR ERROR FREE.REMEDIATE ALL SECURITY VULNERABILTIES, THREATS, OR ATTACKS; OR (E) RENDER THE CUSTOMER ENVIRONMENT INVULNERABLE TO UNAUTHORISED ACCESS AND/OR THIRD-PARTY INTERFERENCE. IN ADDITION, DYNATRACE MAKES NO WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS OR CONTENT. 保証の免責事項。適用される法律が許容する最大限の範囲において、上記に明記された明示的な保証を除き、Dynatraceは、書面、口頭、明示、黙示、法定を問わず、商品性、特定の目的または使用に対する適合性および非侵害性の黙示保証を含むが、これらに限定されない他のすべての保証を放棄します。上記を制限することなく、Dynatraceは、Dynatrace製品およびサービスまたはその使用の結果について、以下を保証するものではありません。(a) 他のハードウェア、ソフトウェア、システムまたはデータと組み合わせて動作すること、(b) お客様の要件または期待を満たすこと、(c) 不断性、エラーフリーまたはウイルスフリーであること、(d) すべてのセキュリティ脆弱性、脅威または攻撃を特定、ブロックまたは是正すること、また (e) 不正アクセスや第三者による妨害に対してお客様の環境を強化すること。また、当社は、第三者の製品またはコンテンツについて、いかなる保証も行いません。

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” LIMITATION OF LIABILITY EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT EXPRESSLY SET FORTH HEREIN, PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER EXPRESS OR AS REQUIRED BY LAWIMPLIED STANDARDS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSGUARANTEES, DELETION, MISDELIVERY OR FAILURE WARRANTIES INCLUDING BUT NOT LIMITED TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS ANY WARRANTIES THAT MAY BE OBTAINED FROM THE USE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR- FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE SERVICESCUSTOMER’S HARDWARE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESSOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. PROVIDER SHALL NOT BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST REVENUES OR PROFITS, LOSS OF USE OR EQUIPMENT DOWN TIME, AND LOSS OF OR CORRUPTION TO DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER HEREBY AGREES THAT PROVIDER'S TOTAL LIABILITY FOR ANY AND ALL LIABILITIES CLAIMS, OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWSOEVER CAUSED AND REGARDLESS OF THE SERVICES WILL MEET ANY USER’S REQUIREMENTSLEGAL THEORY ASSERTED, BE UNINTERRUPTEDINCLUDING BREACH OF CONTRACT OR WARRANTY, TIMELYTORT, SECURE STRICT LIABILITY, STATUORY LIABILITY OR ERROR FREEOTHERWISE, SHALL NOT, IN THE AGGREGATE, EXCEED FEES PAID TO PROVIDER DURING THE PREVIOUS 12-MONTH PERIOD. THE PARTIES ACKNOWLEDGE AND AGREE TO THE FOREGOING LIABILITY RISK ALLOCATION.

Warranty Disclaimer. To the fullest extent allowed by applicable law, neither Gympass nor its licensors, suppliers, or Third-Party Providers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND RELATED DOCUMENTATION CONTENT ARE PROVIDED BY GYMPASS ON AN “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT BASIS, WITHOUT WARRANTIES OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY NON-INFRINGEMENT, OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ACCURACY ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Waiver and Release. YOU UNDERSTAND AND ACKNOWLEDGE THAT GYMPASS INTERMEDIATES SERVICES WITH THIRD-PARTY PROVIDERS, AND GYMPASS ITSELF IS NOT A FITNESS OR RELIABILITY WELLNESS PROVIDER AND DOES NOT OWN OR MANAGE ANY FITNESS OR WELLNESS PROVIDER. GYMPASS DOES NOT ASSESS THE SUITABILITY, COMPLIANCE WITH ANY APPLICABLE RULES OR REGULATIONS OR QUALITY OF ANY INFORMATION OBTAINED THROUGH FACILITY, CLASS OR SESSION PROVIDED BY ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE SERVICESCOMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR THAT DAMAGES ARISING FROM, OR IN ANY WAY RELATED TO, YOUR USE OF GYMPASS SERVICES AND THE SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. GYMPASS WILL MEET ANY USER’S REQUIREMENTSNOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. YOU ACKNOWLEDGE THAT ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND/ OR ASSIGNS, THAT THERE ARE INHERENT RISKS AND DANGERS IN EXERCISE AND WELLNESS ACTIVITIES. BY BOOKING, ATTENDING AND PARTICIPATING IN THE SERVICES OF THIRD PARTY PROVIDERS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF THE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE UNINTERRUPTED, TIMELY, SECURE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR ERROR FREEHARM.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROGRAM IS PROVIDED “"AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME " WITH NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND. IN NO EVENT DOES NNA WARRANT THAT THE DEALER PORTAL IS ERROR FREE OR THAT DEALER WILL BE ABLE TO OPERATE THE DEALER PORTAL WITHOUT PROBLEMS OR INTERRUPTIONS. IN ADDITION, EITHER DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, NNA DOES NOT WARRANT THAT THE DEALER PORTAL OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE PORTAL IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. THERE IS NO GUARANTEE THAT THE ADOPTION OF THE PROGRAM BY DEALER WILL INCREASE SALES. ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, CONCERNING THE HARDWAREREPRESENTATIONS, THE SOFTWAREAND WARRANTIES INCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESSATISFACTORY QUALITY, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESNONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. NNA DOES NOT WARRANT THAT THE SERVICES PROGRAM WILL MEET ANY USEROF DEALER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. THE SERVICES SYSTEM IS PROVIDED BY THE COMPANY ON AN "AS-IS" BASIS, AND RELATED DOCUMENTATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT, THE COMPANY HEREBY EXCLUDES AND DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, THAT ARE NOT EXPLICITLY PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT AGREEMENT, WHETHER WRITTEN OR AS REQUIRED BY LAWORAL, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSSTATUTORY, DELETIONCUSTOMARY, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING (WITHOUT LIMITATION), ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND WE MAKE NO OR OF NON- INFRINGEMENT OF THIRD PARTY RIGHTS. IN ADDITION, THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY WITH RESPECT TO LIABILITY FOR COMPLIANCE WITH LAWS, REGULATIONS, OR REPRESENTATION REGARDING OTHER OFFICIAL GOVERNMENT RELEASES APPLICABLE TO THE RESULTS END USER, WHICH SHALL BE YOUR SOLE RESPONSIBILITY. YOU EXPRESSLY AGREE THAT MAY BE OBTAINED FROM THE USE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE SERVICESSYSTEM WILL BE ACCURATE, THE ACCURACY UNINTERRUPTED OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR ERROR-FREE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT EXPRESSLY STATED HEREIN, DMI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESNON-INFRINGEMENT, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESINFORMATIONAL CONTENT OR THOSE ARISING BY STATUTE, OF CONFORMITY TO ANY REPRESENTATIONS OR DESCRIPTIONS NOT CONTAINED HEREIN, OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, DMI DOES NOT WARRANT THAT THE SERVICES ANYTHING WILL MEET ANY USER’S REQUIREMENTS, WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE. DMI HAS NO OBLIGATIONS CONCERNING PRODUCTS USED OUTSIDE THE U.S.A. UNLESS THEY ARE STATED IN WRITING BY DMI TO BE EXPORT PROGRAM PRODUCTS AND ARE ISSUED AN EXPORT PROGRAM WARRANTY. DMI’S OBLIGATIONS, TIMELYIF ANY, SECURE ARE CONDITIONAL ON PURCHASER PROMPTLY COMPLYING WITH ALL OF THE DMI END USER LICENSE AGREEMENT TERMS AND CONDITIONS. USER ACCEPTS THE WARRANTY ITEM(S) “AS IS” AND WITH ALL FAULTS. THE LIMITED WARRANTIES AND REMEDIES IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES CONCERNING ANY GOODS, SERVICES, OR ERROR FREE.INTANGIBLES, NOW OR IN THE FUTURE. HARDWARE LIMITED WARRANTY

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION SURGFLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGENTS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING IN CONNECTION WITH THE HARDWARESERVICES AND YOUR USE THEREOF. SURGFLIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, THE SOFTWAREMISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY PART THEREOFNATURE WHATSOEVER, INCLUDING WITHOUT LIMITATIONRESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY WARRANTIES UNAUTHORIZED ACCESS TO OR USE OF MERCHANTABILITY OUR SECURE SERVERS AND/OR FITNESS FOR A PARTICULAR PURPOSEANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND WE MAKE NO WARRANTY (IV) ANY INTERRUPTION OR REPRESENTATION REGARDING CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE RESULTS THAT LIKE WHICH MAY BE OBTAINED FROM TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SURGFLIX DOES NOT WARRANT, THE ACCURACY ENDORSE, GUARANTEE, OR RELIABILITY OF ASSUME RESPONSIBILITY FOR ANY INFORMATION OBTAINED PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SURGFLIX 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 SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ZIGG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGENTS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING IN CONNECTION WITH THE HARDWARESERVICES AND YOUR USE THEREOF. ZIGG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, THE SOFTWAREMISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY PART THEREOFNATURE WHATSOEVER, INCLUDING WITHOUT LIMITATIONRESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY WARRANTIES UNAUTHORIZED ACCESS TO OR USE OF MERCHANTABILITY OUR SECURE SERVERS AND/OR FITNESS FOR A PARTICULAR PURPOSEANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND WE MAKE NO WARRANTY (IV) ANY INTERRUPTION OR REPRESENTATION REGARDING CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE RESULTS THAT LIKE WHICH MAY BE OBTAINED FROM TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ZIGG DOES NOT WARRANT, THE ACCURACY ENDORSE, GUARANTEE, OR RELIABILITY OF ASSUME RESPONSIBILITY FOR ANY INFORMATION OBTAINED PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZIGG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD­PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Warranty Disclaimer. INSIDESALES AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWRELIABILITY, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETIONQUALITY, MISDELIVERY SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE COMPLETENESS OF THE SERVICES IS AT YOUR SOLE RISK, OR ANY CONTENT. INSIDESALES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH (1) THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY DAMAGESOTHER HARDWARE, INCLUDING WITHOUT LIMITATION DAMAGE TO SOFTWARE, SYSTEMS OR DATA, (2) THE SERVICES WILL MEET YOUR COMPUTER SYSTEM REQUIREMENTS OR LOSS EXPECTATIONS, (3) ANY STORED CUSTOMER DATA WILL BE SECURE, COMPLETE, TIMELY, ACCURATE OR RELIABLE, (4) THE QUALITY OF DATA THAT RESULTS FROM THE DOWNLOAD SERVICES OR ANY OTHER INFORMATION, ITEMS, OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICES, THE CONTENT, OR THE OBTAINING EQUIPMENT OR FACILITIES USED TO MAKE THE SERVICES AVAILABLE ARE FREE OF SUCH MATERIAL AND/VIRUSES OR DATAOTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDTHE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, EITHER EXPRESS OR REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, CONCERNING THE HARDWARESTATUTORY OR OTHERWISE, THE SOFTWAREINCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INSIDESALES AND WE MAKE ITS LICENSORS. NO ADVICE, INFORMATION OR ACTION FROM INSIDESALES OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREENOT EXPRESSLY STATED IN THIS AGREEMENT.

Warranty Disclaimer. 2.1 BANK WARRANTS THAT THE SERVICES PERFORMED UNDER THIS SS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL AND RELATED DOCUMENTATION ARE PROVIDED “WORKMANLIKE MANNER CONSISTENT WITH STANDARDS IN THE SOFTWARE AND HARDWARE SERVICES INDUSTRY, AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT APPLICABLE, BUT MAKES NO OTHER REPRESENTATIONS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDNATURE WITH RESPECT TO THE SUBJECT MATTER OF THIS SS AGREEMENT, EITHER INCLUDING BUT NOT LIMITED TO THE PRODUCT SUPPORT SERVICES, THE EQUIPMENT AND THE SERVICE PLAN TO THE EXTENT COVERED HEREBY. BANK’S OBLIGATIONS AND LIABILITIES AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS SS AGREEMENT ARE EXCLUSIVE. BANK AND ITS LICENSORS HEREBY DISCLAIM, AND YOU WAIVE AND RELEASE BANK, ITS LICENSORS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREARISING BY LAW OR OTHERWISE, THE WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE, EQUIPMENT OR ANY PART THEREOFOTHER MATTERS PROVIDED UNDER THIS SS AGREEMENT, INCLUDING INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR APPLICATION OR OTHER IMPLIED CONTRACTUAL WARRANTY; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY WARRANTIES OF TIMELINESS OR NON- INFRINGEMENT; AND WE MAKE NO (D) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR REPRESENTATION REGARDING FREEDOM FROM ERROR. WITHOUT LIMITING THE RESULTS THAT MAY BE OBTAINED FROM THE USE GENERALITY OF THE SERVICESFOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESPRODUCT WILL BE ERROR-FREE, THAT ITS OPERATION WILL BE UNINTERRUPTED OR THAT THE SERVICES ALL DEFICIENCIES OR ERRORS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREECORRECTED.

Warranty Disclaimer. 46 LABS SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER OR THE FACILITIES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR EQUIPMENT FURNISHED PURSUANT TO THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGE BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. IN NO EVENT SHALL 46 LABS OR ANY AFFILIATED PERSON OR ENTITY BE LIABLE TO CUSTOMER OR ANY AFFILIATED PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, RELIANCE, COST OF COVER, SPECIAL, PUNITIVE OR SIMILAR OR ADDITIONAL DAMAGES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY, PERFORMANCE, NON-PERFORMANCE, TERMINATION, BREACH, OR OTHER ACTION OR INACTION UNDER THE AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, LOSS OF ABILITY TO PERFORM, LOST CONTRACTS, COSTS OF THIRD-PARTY REPAIR OR REPLACEMENT, OR FAILURE OF 911 OR OTHER FEATURES, EVEN IF CUSTOMER OR ANY AFFILIATED PERSON OR ENTITY ADVISES 46 LABS OR ANY AFFILIATED PERSON OR ENTITY OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN THE EVENT A VENDOR(S) IS EMPLOYED ON BEHALF OF THE CUSTOMER, THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR PAYMENT TO THE VENDOR EMPLOYED WITHOUT CLAIM TO 46 LABS. 46 LABS SHALL NOT BE RESPONSIBLE FOR PAYMENT OF ANY VENDOR CHARGES INCURRED BY CUSTOMER OR ANY OTHER PARTY, WHETHER OR NOT SUCH CHARGES ARE AS A RESULT OF ERROR OR OMISSION BY 46 LABS OR ANY OTHER THIRD PARTY. IN THE EVENT 46 LABS DISPATCHES A VENDOR, LOCAL EXCHANGE CARRIER OR OTHER TECHNICIAN ON BEHALF OF CUSTOMER, AND WE MAKE NO WARRANTY IT IS DETERMINED THAT THE DISPATCH WAS DUE TO A CUSTOMER, CPE, WIRING, EQUIPMENT OR REPRESENTATION REGARDING OTHER CUSTOMER RELATED ISSUE, THEN THE RESULTS THAT MAY CUSTOMER WILL BE OBTAINED RESPONSIBLE FOR PAYMENT OF COSTS INCURRED BY 46 LABS FOR THE DISPATCH. 46 LABS SHALL NOT BE RESPONSIBLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE USE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT OR THE PROVISIONING OF SERVICES, THE ACCURACY AND CUSTOMER HEREBY INDEMNIFIES AND HOLDS HARMLESS 46 LABS FROM AND AGAINST ANY LIABILITIES INCLUDING ATTORNEY’S FEES ARISING OUT OF SUCH DAMAGE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, INJURY. 46 LABS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET ARE FREE OF RIGHTFUL CLAIMS BY ANY USERTHIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM 46 LABS, OR ITS EMPLOYEES, CONTRACTORS, OR AGENTS, REGARDING THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER’S REQUIREMENTS, REMEDIES FOR CLAIMS UNDER THIS AGREEMENT SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIMITED TO OUTAGE CREDITS AS DESCRIBED HEREIN.

Warranty Disclaimer. LICENSOR MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, ------------------- EXPRESS OR IMPLIED, AS TO THE SERVICES RESULTS TO BE EXPECTED FROM USE OF ANY OF THE INVENTIONS CONTAINED IN THE TECHNOLOGY OR FROM MANUFACTURE OR SALE OF ANY PRODUCT, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND GUARANTEES, EXPRESS OR AS REQUIRED BY LAWIMPLIED, WE ASSUME INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL HAVE NO RESPONSIBILITY UNDER ANY LEGAL PRINCIPLE TO LICENSEE, ITS SUBLICENSEE OR TO OTHERS FOR THE TIMELINESSABILITY OF LICENSEE OR ITS SUBLICENSEE TO USE THE TECHNOLOGY; FOR THE QUALITY, DELETIONQUANTITY OR PERFORMANCE OF ANY PRODUCTS MANUFACTURED UNDER THE TECHNOLOGY; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, MISDELIVERY DESIGN OR FAILURE OPERATION OF ANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. IN NO EVENT SHALL LICENSOR BE LIABLE TO STORE ANY USER COMMUNICATIONS LICENSEE OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE ITS SUBLICENSEE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) UNDER THIS AGREEMENT OR THE OBTAINING OF SUCH MATERIAL AND/OR DATAOTHERWISE. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND[ * ] = Certain confidential information contained in this document, EITHER EXPRESS OR IMPLIEDmarked by brackets, CONCERNING THE HARDWAREhas been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, THE SOFTWAREas amended. . Dispute Resolution ----------------- Should any dispute between Licensor and Licensee arise under this agreement, OR ANY PART THEREOFLicensor and Licensee, INCLUDING WITHOUT LIMITATIONthrough appropriately senior executives, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEshall first meet and attempt to resolve the dispute in face-to-face negotiations. This meeting shall occur within [ * ] of the time the dispute arises. If no resolution is reached, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESLicensor and Licensee shall, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESwithin [ * ] of the first meeting, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTSattempt to settle the dispute by formal mediation. If the parties cannot agree upon a mediator and the place of mediation, BE UNINTERRUPTEDthe mediation shall be administered by the American Arbitration Association in Research Triangle Park, TIMELYNorth Carolina. If no resolution is reached through formal mediation, SECURE OR ERROR FREEthe dispute shall be resolved by binding arbitration before a three-arbitrator panel, administered by the American Arbitration Association, with limited discovery. Each party shall select one of the arbitrators and those arbitrators shall select the third. The venue shall be either Research Triangle Park, North Carolina if the notice of intent to arbitrate the dispute is first given by Licensee or Seattle, Washington if the notice of intent to arbitrate is first given by Licensor and the governing law shall be that of the State of North Carolina in either instance, without giving effect to conflict of law considerations. In no event shall punitive or exemplary damages o attorney's fees be awardable and each party shall be responsible for it's own attorney's fees. Notwithstanding the foregoing dispute resolution and governing law provisions, Licensor and Licensee shall each retain the right to seek judicial injunctive and other equitable relief where appropriate.

Warranty Disclaimer. EXCEPT FOR THE SERVICES EXPRESS WARRANTIES SET FORTH HEREIN, THE SERVICES, THE MACORVA MATERIALS, THIRD PARTY MATERIALS, AND RELATED DOCUMENTATION THE STORAGE OF CUSTOMER DATA ARE PROVIDED SOLELY “AS IS.” EXCEPT ”, “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE”, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSAND WITH ALL FAULTS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO MACORVA DOES NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDQUALITY, CONCERNING THE HARDWAREPERFORMANCE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND WE MAKE ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, MACORVA MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS OF ANY KIND THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, MACORVA MATERIALS, DELIVERABLES, OR STORAGE OF CUSTOMER DATA, OR ANY PRODUCTS OR RESULTS OF THE ACCURACY USE THEREOF, WILL MEET CUSTOMER’S OR RELIABILITY ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF ANY INFORMATION OBTAINED THROUGH THE SERVICESHARMFUL CODE, ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE SERVICES, MACORVA MATERIALS, DELIVERABLES, PROCESSING OF CUSTOMER DATA, OR ANY SOFTWARE OR OTHER CONTENT CONTAINED IN OR PROVIDED THROUGH THE SERVICES AND MACORVA MATERIALS ARE ACCURATE OR RELIABLE. IN NO EVENT SHALL MACORVA OR ITS LICENSORS BE LIABLE FOR THE ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, LOSS, OR RECOVERY OF ANY CUSTOMER DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACORVA, ITS REPRESENTATIVES, ITS AGENTS, OR ITS EMPLOYEES WILL MEET CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY USERSUCH INFORMATION OR ADVICE. ANY USE OF THE MACORVA MATERIALS OR SERVICES, OR THE STORAGE OF CUSTOMER DATA, IS AT CUSTOMER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEOWN RISK.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCLUSION OF DAMAGES; LIMITATIONS OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, INCLUDING ANY EXPRESS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE GUANFACINE PATENTS, AND WE MAKE NO THE GUANFACINE KNOW-HOW, OR ANY LICENSE GRANTED BY EITHER PARTY HEREUNDER, OR ANY MATERIALS OR INFORMATION PROVIDED TO EITHER PARTY UNDER THIS AGREEMENT, OR WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER COMPANY OR THEIR RESPECTIVE AFFILIATES. FURTHERMORE, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT OR REPRESENTATION REGARDING OTHER PROPRIETARY RIGHTS INCLUDED IN THE RESULTS GUANFACINE PATENTS OR THE GUANFACINE KNOW- HOW ARE VALID OR ENFORCEABLE OR THAT MAY BE OBTAINED FROM THE USE BY EITHER PARTY OR THEIR RESPECTIVE AFFILIATES OF THE SERVICESGUANFACINE PATENTS, THE ACCURACY GUANFACINE KNOW-HOW, OR RELIABILITY ANY OTHER RIGHTS LICENSED HEREIN, OR ANY MATERIALS OR INFORMATION PROVIDED TO EITHER PARTY UNDER THIS AGREEMENT, DO NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY INFORMATION OBTAINED THROUGH THIRD PARTY. WITHOUT LIMITING THE SERVICESPARTIES’ OBLIGATIONS UNDER ARTICLE 5 REGARDING INDEMNIFICATION, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR THAT CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OR LOSS OF BUSINESS OR OTHER ECONOMIC LOSS) ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO A PARTY’S PERFORMANCE OR NON-PERFORMANCE HEREUNDER. ALL CONDITIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCONSISTENT WITH THE SERVICES WILL MEET ANY USER’S REQUIREMENTSPROVISIONS OF THIS SECTION ARE EXPRESSLY EXCLUDED. The foregoing exclusion of damages (i) applies even if a Party had or should have had knowledge, BE UNINTERRUPTEDactual or constructive, TIMELYof the possibility of such damages, SECURE OR ERROR FREE(ii) is a fundamental element of the basis of the bargain between the Parties and this Agreement would not be entered into without such limitations and exclusions, and (iii) shall apply whether a claim is based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability or otherwise, and notwithstanding any failure of essential purpose of any limited remedy herein. The foregoing exclusion of damages is intended to apply even if there is a total and fundamental breach of this Agreement. The essential purpose of the exclusion of damages clause is to limit the Parties’ respective liabilities to each other hereunder.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU EXPRESSLY UNDERSTAND AND EXPRESSLY AGREE THAT THAT: YOUR USE OF THE SERVICES OUR WEBSITE/APP IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF . THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION PROVIDED IN OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA"AS AVAILABLE" BASIS. WE DO NOT MAKE ANY Xxxxxx.xxx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, CONCERNING INCLUDING, BUT NOT LIMITED TO THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND WE MAKE NON-INFRINGEMENT Xxxxxx.xxx MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR REPRESENTATION REGARDING FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACCURACY OR RELIABILITY SERVICES OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF WEBSITE INCLUDING THE OPERATION OF ANY INFORMATION SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICESUSE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/MOBILE DEVICE (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR THAT WRITTEN, OBTAINED BY YOU FROM Xxxxxx.xxx OR FROM ANY SERVICE PROVIDED IN OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SERVICES WILL MEET ANY USER’S REQUIREMENTSTERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMIT A TION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES AND RELATED DOCUMENTATION PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE”, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND WITH ALL FAULTS AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, AND WTI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, CONCERNING THE HARDWAREINCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR ANY PART THEREOFOF SATISFACTORY QUALITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WE MAKE NO WARRANTY FREEDOM FROM PATENT INFRINGEMENT OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WTI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICESAPPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ACCURACY APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL MEET BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES 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. THERE IS NO PROMISE OR REPRESENTATION THAT YOU CAN MAKE A CERTAIN AMOUNT OF MONEY, OR ANY USER’S REQUIREMENTSMONEY, BE UNINTERRUPTEDOR NOT LOSE MONEY, TIMELYAS A RESULT OF USING THE APPLICATIONS. YOU UNDERSTAND AND AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THAT, SECURE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR ERROR FREEANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE SERVICES MOONJEE SITES SHALL BE AT YOUR SOLE RISK. THE MOONJEE SITES AND RELATED DOCUMENTATION ARE ANY CONTENT THEREIN IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED ”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSMOONJEE, DELETIONITS OFFICERS, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND DIRECTORS, EMPLOYEES, AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKAGENTS DISCLAIM ALL WARRANTIES, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING IN CONNECTION WITH THE HARDWAREMOONJEE SITES AND YOUR USE THEREOF. MOONJEE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, THE SOFTWAREMISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY PART THEREOFNATURE WHATSOEVER, INCLUDING WITHOUT LIMITATIONRESULTING FROM YOUR ACCESS TO AND USE OF THE MOONJEE SITES, (III) ANY WARRANTIES UNAUTHORIZED ACCESS TO OR USE OF MERCHANTABILITY OUR SECURE SERVERS AND/OR FITNESS FOR A PARTICULAR PURPOSEANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND WE MAKE NO WARRANTY (IV) ANY INTERRUPTION OR REPRESENTATION REGARDING CESSATION OF TRANSMISSION TO OR FROM THE RESULTS THAT MOONJEE SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE OBTAINED FROM TRANSMITTED TO OR THROUGH THE MOONJEE SITES BY ANY THIRD PARTY, AND/OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICESMOONJEE SITES. MOONJEE DOES NOT WARRANT, THE ACCURACY ENDORSE, GUARANTEE, OR RELIABILITY OF ASSUME RESPONSIBILITY FOR ANY INFORMATION OBTAINED PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOONJEE SITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOONJEEWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE IS PROVIDED ON AN “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSAVAILABLE” BASIS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CLEVER, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY MATERIAL AND/DEFECTS OR DATA ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE SUCH DOWNLOAD OR YOUR USE OF THE OBTAINING OF SUCH MATERIAL AND/OR DATASERVICES. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDWARRANT, EITHER EXPRESS OR IMPLIEDENDORSE, CONCERNING THE HARDWARE, THE SOFTWAREGUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PART THEREOF, PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSELIMITATION APPLICATIONS), AND WE MAKE NO WARRANTY WILL NOT BE A PARTY TO OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION DEVELOPERS). FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer. COALFIRE DOES NOT WARRANT THAT THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN PERFORMED UNDER THIS AGREEMENT OR AS REQUIRED BY LAWANY SERVICE ORDER WILL: A) BE UNINTERRUPTED OR ERROR-FREE OR THAT COALFIRE WILL CORRECT ALL DEFECTS OR PREVENT THIRD-PARTY DISRUPTIONS OR UNAUTHORIZEIND THIRD-PARTY ACCESS; (B) DETECT OR IDENTIFY ALL SECURITY OR NETWORK THREATS TO, WE ASSUME NO RESPONSIBILITY OR VULNERABILITIES OF CLIENT’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS; (C) PREVENT INTRUSIONS INTO OR ANY DAMAGE TO CLIENT’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS INCLUDING LOSS OF DATA; (D) RETURN CONTROL OF CLIENT OR THIRD PARTY SYSTEMS WHERE UNAUTHORIZED ACCESS OR CONTROL HAS OCCURRED; OR (E) MEET OR HELP CLIENT MEET ANY INDUSTRY STANDARD OR ANY OTHER REQUIREMENTS INCLUDING THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD NOT OTHERWISE SET FORTH IN A SERVICE ORDER. THE WARRANTIES SET FORTH HEREIN AND THOSE SPECIFIED FOR INDIVIDUAL COALFIRE PRODUCTS AND SERVICESS IN EACH APPLICABLE SERVICE ORDER ARE THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND EXCLUSIVE WARRANTIES FROM COALFIRE AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESREPLACE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM THE IMPLIED WARRANTIES OR LOSS CONDITIONS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDSATISFACTORY QUALITY, EITHER EXPRESS OR IMPLIEDMERCHANTABILITY, CONCERNING THE HARDWARENON- INFRINGEMENT, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. COALFIRE’S WARRANTIES WILL NOT APPLY IF THERE HAS BEEN MISUSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESMODIFICATION, OR THAT THE SERVICES WILL MEET ANY USERDAMAGE NOT CAUSED BY COALFIRE OR ITS SUBCONTRACTORS, FAILURE TO COMPLY WITH INSTRUCTIONS PROVIDED BY COALFIRE, OR AS OTHERWISE STATED IN COALFIRE’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPUBLISHED POLICY.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND RMCSoft AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. RMCSoft SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RMCSoft. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RMCSoft NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY AND ALL LIABILITIES AND WARRANTIES COVERED UNDER SECTION 15 AND 16 OF THIS AGREEMENT SHALL EXTEND TO AFFILIATES, EMPLOYEES, CONSULTANTS AND OTHER THIRD PARTY AUTHORISED USERS.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU EXPRESSLY UNDERSTAND AND EXPRESSLY AGREE THAT THAT: YOUR USE OF THE SERVICES OUR WEBSITE/APP IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF . THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION PROVIDED IN OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA"AS AVAILABLE" BASIS. WE DO NOT MAKE ANY XXXX.XX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, CONCERNING INCLUDING, BUT NOT LIMITED TO THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND WE MAKE NON-INFRINGEMENT. XXXX.XX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR REPRESENTATION REGARDING FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACCURACY OR RELIABILITY SERVICES OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF WEBSITE INCLUDING THE OPERATION OF ANY INFORMATION SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICESUSE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/MOBILE DEVICE (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR THAT WRITTEN, OBTAINED BY YOU FROM XXXX.XX OR FROM ANY SERVICE PROVIDED IN OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SERVICES WILL MEET ANY USER’S REQUIREMENTSTERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Warranty Disclaimer. EVIGIA PROVIDES THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “APPLICATIONS "AS IS.” " AND WITHOUT WARRANTY OF ANY KIND, AND, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT FOR BODILY INJURY, EVIGIA HEREBY DISCLAIMS ALL EXPRESS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND WE MAKE NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. LIMITATION OF LIABILITY. UNDER NO WARRANTY CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR REPRESENTATION REGARDING THE RESULTS THAT MAY OTHERWISE, SHALL EVIGIA OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE OBTAINED FROM THE USE OF THE SERVICESLIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, THE ACCURACY SPECIAL, INCIDENTAL, OR RELIABILITY CONSEQUENTIAL DAMAGES OF ANY INFORMATION OBTAINED THROUGH THE SERVICESCHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR THAT THE SERVICES WILL MEET DAMAGES; (II) LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR (III) FOR ANY USER’S REQUIREMENTS, MATTERS BEYOND ITS REASONABLE CONTROL. EVIGIA SHALL NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIABLE FOR DIRECT DAMAGES IN EXCESS OF ONE HUNDRED US DOLLARS ($100).

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES APP IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH TO THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION EXTENT PERMITTED BY APPLICABLE LAW. WE, AND RISK OUR EMPLOYEES, CONTRACTORS AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGENTS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING IN CONNECTION WITH THE HARDWARE, APP AND YOUR USE OF THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND APP. WE MAKE NO WARRANTY WARRANTIES OR REPRESENTATION REGARDING REPRESENTATIONS ABOUT THE RESULTS THAT ACCURACY OR COMPLETENESS OF THE APP OR ANY CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE APP OR SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR NETWORK AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR STORED THEREON, (IV) ANY INTERRUPTION OR STOP OF COMMUNICATION WITH THE APP AND THE TRANSIT AGENCY, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE OBTAINED FROM TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE APP. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION AT ALL TIMES WHEN USING THE APP OR THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. TO THE SERVICES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT (AND RELATED DOCUMENTATION ARE ACCOMPANYING DOCUMENTATION) IS PROVIDED “ON AN "AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING " BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, CONCERNING YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE HARDWARESOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE SOFTWAREINSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, PELICAN MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL BE ERROR-FREE, VIRUS FREE, OR ANY PART THEREOFFREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE PRODUCT WILL SATISFY YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELICAN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND WE MAKE LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT. THERE IS NO WARRANTY OR REPRESENTATION REGARDING CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE RESULTS THAT MAY BE OBTAINED FROM SOFTWARE PRODUCT. THE USE ENTIRE RISK OF THE SERVICESQUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, IF ANY, REMAINS SOLELY WITH YOU (AND NOT THE ACCURACY LICENSOR NOR ANY RESELLER OF LICENSOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CORRECTION. THE SERVICES, OR THAT FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, THE SOFTWARE IS PROVIDED ON AN AS-IS BASIS. NUIX DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS WITH RESPECT TO THE SOFTWARE OR ANY OTHER PRODUCT OR SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE (INCLUDING BUT NOT LIMITED TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDSATISFACTORY QUALITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, QUALITY, OR SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND WE MAKE NO WARRANTY ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR REPRESENTATION REGARDING TRADE PRACTICE. WITHOUT LIMITING THE RESULTS FOREGOING, NUIX DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SERVICESSOFTWARE OR OTHER PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE ACCURACY SOFTWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OTHER PRODUCTS OR SERVICES WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND OTHER PRODUCTS AND SERVICES ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR LICENSEE’S INTERNAL BUSINESS USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE LIMITATIONS IN THIS SECTION 11 WILL MEET NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY USER’S REQUIREMENTSGUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE UNINTERRUPTEDEXCLUDED, TIMELYRESTRICTED OR MODIFIED ("NON-EXCLUDABLE PROVISION"), SECURE OR ERROR FREESUBJECT TO SECTION 12.3 (NON-EXCLUDABLE STATUTORY PROVISIONS).

Warranty Disclaimer. THE SERVICES PACKAGE AND RELATED DOCUMENTATION ARE PROVIDED LICENSED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAND CROSSFLOW DISCLAIMS ANY AND ALL OTHER WARRANTIES, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSWHETHER EXPRESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREOR STATUTORY INCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY ACCURACY, TIMELINESS, TITLE, OR REPRESENTATION REGARDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE RESULTS THAT MAY BE OBTAINED FROM FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE USE GENERALITY OF THE SERVICESFOREGOING, THE ACCURACY OR RELIABILITY CROSSFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY INFORMATION OBTAINED THROUGH KIND FOR THE SERVICESTHIRD PARTY SOFTWARE, AND DOES NOT WARRANT THAT THE PACKAGE WILL MEET END USER’S REQUIREMENTS OR THAT OPERATION OF THE SERVICES PACKAGE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE CROSSFLOW’ PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. END USER ASSUME RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE END USER INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM END USER’S USE OF THE PACKAGE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE PACKAGE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS PATENT LICENSE AGREEMENT OR AS REQUIRED BY LAWIN THE SETTLEMENT AGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY REPRESENTATIONS OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, INCLUDING ANY EXPRESS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING NON-INFRINGEMENT, INCLUDING (1) FOR THE RESULTS THAT MAY BE OBTAINED FROM PURDUE COMPANIES, WITH RESPECT TO THE USE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE SERVICESPURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT, OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS PATENT LICENSE AGREEMENT OR IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS *** Certain confidential information contained in this document, marked with three asterisks, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE ACCURACY OR RELIABILITY PRACTICE OF ANY INFORMATION OBTAINED THROUGH INVENTION CLAIMED IN ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE SERVICES’042 PATENT OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF KV PRODUCTS BY ANY PERSON DOES NOT, INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IT IS HEREBY AGREED AND ACKNOWLEDGED BY KV THAT THE SERVICES PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO KV IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE KV PRODUCTS OR THE VALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS. FURTHER, KV WILL MEET NOT GIVE ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE SUCH GUARANTEE OR ERROR FREEWARRANTY TO ANY THIRD PARTIES ON BEHALF OF THE PURDUE COMPANIES.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER'’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. EXCEPT TO THE EXTENT EXPLICITLY STATED OTHERWISE IN THIS AGREEMENT, THE PRODUCTS AND ANY RELATED SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT ”, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR AS REQUIRED BY LAWCONDITION OF ANY KIND WHATSOEVER (WHETHER EXPRESS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY IMPLIED OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESSTATUTORY), INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND WE MAKE NON-INFRINGEMENT, A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY INFINIDAT. IN ADDITION, INFINIDAT MAKES NO WARRANTY REPRESENTATION, WARRANTY, GUARANTEE OR REPRESENTATION CONDITION (a) THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS WHICH YOU MAY SELECT FOR USE; (b) REGARDING THE RESULTS CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY OR COMPLETENESS OF ANY OF THE PRODUCTS OR DOCUMENTATION; (c) THAT MAY BE OBTAINED FROM THE YOUR USE OF THE SERVICES, THE ACCURACY PRODUCT OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESDOCUMENTATION WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; or (d) THAT ANY ERROR FREECONDITIONS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY INFINIDAT, ITS AUTHORIZED AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED IN THIS AGREEMENT, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION. THIS SECTION 5.9 (WARRANTY DISCLAIMER) CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS TENDERTIGER SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION TENDERTIGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGENTS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING IN CONNECTION WITH THE HARDWARESERVICE AND YOUR USE THEREOF. TENDERTIGER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, THE SOFTWAREMISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY PART THEREOFNATURE WHATSOEVER, INCLUDING WITHOUT LIMITATIONRESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY WARRANTIES UNAUTHORIZED ACCESS TO OR USE OF MERCHANTABILITY OUR SERVERS AND/OR FITNESS FOR A PARTICULAR PURPOSEANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND WE MAKE NO WARRANTY (IV) ANY INTERRUPTION OR REPRESENTATION REGARDING CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE RESULTS THAT LIKE WHICH MAY BE OBTAINED FROM TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICESTENDERTIGER SERVICE. TENDERTIGER DOES NOT WARRANT, THE ACCURACY ENDORSE, GUARANTEE, OR RELIABILITY OF ASSUME RESPONSIBILITY FOR ANY INFORMATION OBTAINED PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TENDERTIGER SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND TENDERTIGER 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 SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Warranty Disclaimer. N THE AGILOFT TECHNOLOGY AND ANY THIRD-PARTY SOFTWARE OR SUPPORT SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND ON AN “AS IS.AVAILABLE” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSBASIS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT NEITHER AGILOFT NOR ITS SUPPLIERS MAKE ANY WARRANTIES REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS WHETHER OR NOT EXPRESS, IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. AGILOFT WILL NOT BE LIABLE FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR HOSTING PROVIDER. AGILOFT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THIRD PARTY SOFTWARE INCORPORATED INTO THE AGILOFT TECHNOLOGY. AGILOFT WILL NOT BE LIABLE FOR ANY DELAY, INTERRUPTION, SERVICE FAILURE OR OTHER PROBLEM INHERENT IN USE OF THE INTERNET AND WE MAKE ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS. AGILOFT MAKES NO REPRESENTATION OR WARRANTY ABOUT ANY USER DATA OR INFORMATION, OR THE ACCURACY OF ANY REPORTS, INFORMATION OR DATA GENERATED BY THE AGILOFT TECHNOLOGY. AGILOFT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OR FAILURE TO STORE YOUR DATA. AGILOFT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION REGARDING OF ANY KIND THAT THE RESULTS THAT MAY AGILOFT TECHNOLOGY WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE OBTAINED FROM THE USE OF THE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, THE ACCURACY OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESSTANDARDS OR BE ERROR-FREE, OR THAT THE SERVICES ANY ERRORS OR DEFECTS CAN OR WILL MEET ANY USER’S REQUIREMENTSBE CORRECTED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEAND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSMOTIMATIC AND ITS AFFILIATES, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND SUPPLIERS AND PARTNERS EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, BUT NOT LIMITED TO, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. MOTIMATIC WARRANTS THAT THE SITE, WHEN OPERATED ACCORDING TO MOTIMATIC’S DOCUMENTATION AND WE INSTRUCTIONS, WILL PERFORM SUBSTANTIALLY ACCORDING TO THE FUNCTIONAL SPECIFICATIONS IN MOTIMATIC’S MARKETING MATERIALS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, MOTIMATIC AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SITE OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED PRODUCTS PURCHASED THROUGH THE SERVICES, OR THAT THE SERVICES SITE WILL MEET ANY USERMEMBER’S REQUIREMENTS, ; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SITE OR THAT MOTIMATIC WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT MEMBER’S OWN DISCRETION AND RISK AND MOTIMATIC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO MEMBER’S COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO MEMBER. MEMBER MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. LIMITATION OF LIABILITY MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT, EXCLUDING MOTIMATIC’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, MOTIMATIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY MEMBER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE LIMITATIONS ON MOTIMATIC’S LIABILITY TO MEMBER ABOVE SHALL APPLY WHETHER OR NOT MOTIMATIC HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Warranty Disclaimer. 46 LABS SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER OR THE FACILITIES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR EQUIPMENT FURNISHED PURSUANT TO THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGE BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. IN NO EVENT SHALL 46 LABS OR ANY AFFILIATED PERSON OR ENTITY BE LIABLE TO CUSTOMER OR ANY AFFILIATED PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, RELIANCE, COST OF COVER, SPECIAL, PUNITIVE OR SIMILAR OR ADDITIONAL DAMAGES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY, PERFORMANCE, NON- PERFORMANCE, TERMINATION, BREACH, OR OTHER ACTION OR INACTION UNDER THE AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, LOSS OF ABILITY TO PERFORM, LOST CONTRACTS, COSTS OF THIRD-PARTY REPAIR OR REPLACEMENT, OR FAILURE OF 911 OR OTHER FEATURES, EVEN IF CUSTOMER OR ANY AFFILIATED PERSON OR ENTITY ADVISES 46 LABS OR ANY AFFILIATED PERSON OR ENTITY OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN THE EVENT A VENDOR(S) IS EMPLOYED ON BEHALF OF THE CUSTOMER, THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR PAYMENT TO THE VENDOR EMPLOYED WITHOUT CLAIM TO 46 LABS. 46 LABS SHALL NOT BE RESPONSIBLE FOR PAYMENT OF ANY VENDOR FEES INCURRED BY CUSTOMER OR ANY OTHER PARTY, WHETHER OR NOT SUCH FEES ARE AS A RESULT OF ERROR OR OMISSION BY 46 LABS OR ANY OTHER THIRD PARTY. IN THE EVENT 46 LABS DISPATCHES A VENDOR, LOCAL EXCHANGE CARRIER, OR OTHER TECHNICIAN ON BEHALF OF CUSTOMER, AND WE MAKE IT IS DETERMINED THAT THE DISPATCH WAS DUE TO A CUSTOMER, CPE, WIRING, EQUIPMENT OR OTHER CUSTOMER RELATED ISSUE, THEN THE CUSTOMER WILL BE RESPONSIBLE FOR PAYMENT OF COSTS INCURRED BY 46 LABS FOR THE DISPATCH. 46 LABS SHALL NOT BE RESPONSIBLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT OR THE PROVISIONING OF SERVICES, AND CUSTOMER HEREBY INDEMNIFIES AND HOLDS HARMLESS 46 LABS FROM AND AGAINST ANY LIABILITIES INCLUDING ATTORNEY’S FEES ARISING OUT OF SUCH DAMAGE OR INJURY. NO WARRANTY ADVICE OR REPRESENTATION INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM 46 LABS, OR ITS EMPLOYEES, CONTRACTORS, OR AGENTS, REGARDING THE RESULTS THAT MAY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER’S REMEDIES FOR CLAIMS UNDER THIS AGREEMENT SHALL BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIMITED TO SLA CREDITS AS DESCRIBED XXXXXX.

Warranty Disclaimer. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU EXPRESSLY ACKNOWLEDGE AND RELATED DOCUMENTATION AGREE THAT THE SERVICES, SOFTWARE, AND ANY ASSOCIATED SUMMIT LEARNING TECHNOLOGY, USER CONTENT OR CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR WITHOUT LIMITING THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE GENERALITY OF THE SERVICES IS AT YOUR SOLE RISKFOREGOING, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE SUMMIT LEARNING AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “SUMMIT LEARNING” FOR PURPOSES OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION SECTION 10.2 AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY SECTION 10.3 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, STATUTORY OR IMPLIED, CONCERNING INCLUDING, BUT NOT LIMITED TO: (1) THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND WE MAKE NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS AND NON-INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT (INCLUDING USER CONTENT) MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY SUMMIT LEARNING. IN PARTICULAR, SUMMIT LEARNING MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT (I) THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY USER’S REQUIREMENTSOTHER PERSON; (II) YOUR USE OF THE SERVICES WILL BE TIMELY, BE SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, UNINTERRUPTED, TIMELYOR FREE FROM ERRORS, SECURE LOSS, CORRUPTION, ATTACH, VIRUSES, OR ERROR FREE.HACKING; AND (III) ANY INFORMATION OBTAINED BY PARTNER SCHOOL AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE SOFTWARE IS PROVIDED TO YOU “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY PROPHETSTOR, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSES, AND ANY WARRANTIES REGARDING THE TIMELINESSSECURITY, DELETION, MISDELIVERY RELIABILITY OR FAILURE TIMELINESS OF THE SOFTWARE. PROPHETSTOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE. PROPHETSTOR DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE CONTINUOUS OR UNINTERRUPTED AND PROPHETSTOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSFROM THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKANY SOFTWARE, THAT ANY MATERIAL AND/MATERIAL, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SOFTWARE IS DOWNLOADED OR OBTAINED DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGESDAMAGE TO YOUR COMPUTER, DEVICE, SYSTEM, OR NETWORK, INCLUDING WITHOUT LIMITATION DAMAGE ANY LOSS OR CORRUPTION OF DATA. THE FOREGOING WARRANTY DISCLAIMER SHALL NOT MODIFY, CONSTRUE, OR AMEND THE APPLICABLE WARRANTY THAT RELATES TO YOUR COMPUTER SYSTEM OR LOSS USE, IF APPLICABLE, OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATAPROPHETSTOR DEVICES. WE DO PROPHETSTOR DOES NOT MAKE ANY REPRESENTATIONS ABOUT AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT, ANY NON-PROPHETSTOR DEVICE, OR THE ACTIONS OR OMISSIONS OF A SERVICE PROVIDER OR THIRD-PARTY CONTENT OWNER. PROPHETSTOR IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT, ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY KINDOTHER ASPECT OF THIRD-PARTY CONTENT. PROPHETSTOR, EITHER EXPRESS ITS OFFICERS, AFFILIATES, AND SUBSIDIARIES DO NOT WARRANT OR IMPLIEDENDORSE AND DO NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRDPARTY CONTENT OR WEB SITES, CONCERNING OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES ACCESSED THROUGH THE HARDWARE, SOFTWARE. TO THE EXTENT YOU CHOOSE TO USE OR ACCESS ANY THIRD-PARTY CONTENT THROUGH THE SOFTWARE, OR YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY PART THEREOFAPPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LIMITATION APPLICABLE LOCAL LAWS AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPRIVACY AND DATA COLLECTION LAWS.

Warranty Disclaimer. THE SERVICES YOU EXPRESSLY ACKNOWLEDGE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES LICENSED APPLICATION IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY DAMAGESSERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, INCLUDING WITH ALL FAULTS AND WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, AND AML HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS OR EXPRESS, IMPLIED, CONCERNING THE HARDWAREOR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR ANY PART THEREOFOF SATISFACTORY QUALITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WE MAKE OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. AML DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO WARRANTY ORAL OR REPRESENTATION REGARDING WRITTEN INFORMATION OR ADVICE GIVEN BY AML OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES 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 ACKNOWLEDGE THAT THE LICENSED APPLICATION OPERATES IN A PREDICTIVE MANNER RELATIVE TO INPUT OF WHICH AML HAS NO CONTROL OVER THE COLLECTION, USE OR INTERPRETATION, AND YOU ACCEPT THE ENTIRE RISK AS TO THE USE AND THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE SERVICESLICENSED APPLICATION IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY AND PERFORMANCE. YOU ALSO ACCEPT THE ACCURACY OR RELIABILITY OF ENTIRE RISK AS TO ANY INFORMATION OBTAINED THROUGH CONFLICT BETWEEN THE SERVICES, OR THAT LICENSED APPLICATION AND OTHER SOFTWARE ON THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEHARDWARE ON WHICH THE LICENSED APPLICATION IS INSTALLED.

Warranty Disclaimer. THE SERVICES PLATFORM IS PROVIDED TO YOU SOLELY AND RELATED DOCUMENTATION ARE PROVIDED EXCLUSIVE ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT WITHOUT WARRANTIES, LIABILITIES, OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE REPRESENTATIONS OF ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSKIND. YOU UNDERSTAND ASSUME ALL RISKS AND EXPRESSLY AGREE THAT LIABILITIES PERTAINING TO YOUR USE OF THE SERVICES IS AT YOUR SOLE RISKPLATFORM. SUPPLYSHIFT MAKES NO WARRANTIES, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS NON-INFRINGEMENT. SUPPLYSHIFT DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE YOUR USE OF THE SERVICES, THE ACCURACY PLATFORM WILL BE UNINTERRUPTED OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDERROR-FREE, TIMELY, SECURE OR ERROR FREESECURE. SUPPLYSHIFT SHALL NOT BE LIABLE TO YOU FOR ANY DELAYS, INTERRUPTIONS, PLATFORM FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES OUTSIDE OF SUPPLYSHIFT’S CONTROL. SUPPLYSHIFT DOES NOT MAKE ANY WARRANTIES AND SHALL HAVE NO OBLIGATIONS TO YOU RELATED TO ANY ASPECT OF YOUR USE OF THE PLATFORM, EXCEPT AS STRICTLY REQUIRED UNDER APPLICABLE LAW. SHOULD YOU HAVE OTHER STATUTORY RIGHTS, THE DURATION OF ANY STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. THE SERVICES SERVICE, SOFTWARE AND RELATED ALL DOCUMENTATION PROVIDED BY OPENDNS HEREUNDER ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND “WITH ALL FAULTS,” AND OPENDNS EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY DISCLAIMS ALL WARRANTIES OF ANY KINDKIND OR NATURE, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY OPENDNS ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR REPRESENTATION REGARDING COURSE OF TRADE. OPENDNS DOES NOT WARRANT THAT THE RESULTS SERVICE, SOFTWARE OR THE DOCUMENTATION PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT MAY THE OPERATION THEREOF WILL BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY UNINTERRUPTED OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. OPENDNS DOES NOT GUARANTEE THAT THE SERVICES SERVICE WILL MEET ANY USER’S REQUIREMENTSGUARANTEE SECURITY DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, BE UNINTERRUPTEDNETWORKS AND ENDPOINTS. OPENDNS DOES NOT WARRANT THAT THE SERVICE WILL PROTECT YOUR FILES, TIMELYNETWORK OR ENDPOINTS FROM ALL MALWARE, SECURE VIRUSES OR ERROR FREETHIRD PARTY MALICIOUS ATTACKS. YOU ACKNOWLEDGE THAT OPENDNS’ OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR BENEFIT ONLY.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU EXPRESSLY UNDERSTAND AND EXPRESSLY AGREE THAT THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. LICENSOR PROVIDES THIS SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; B) LICENSOR DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENNTS, (III) ANY ERRORS ON THE LICENSOR WEBSITE OR SERVICE WILL BE CORRECTED; AND (IV) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICES WILL REMAIN ACCESSIBLE; C) ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED DONE AT YOUR OWN SOLE DISCRETION AND RISK RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, OR THROUGH OR FROM THE LICENSOR WEBSITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; E) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE OBTAINING LIMITATION OF SUCH MATERIAL AND/LIABILITY FOR INCIDENTAL OR DATACONSEQUENTIAL DAMAGES. WE DO ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT MAKE ANY WARRANTIES APPLY TO YOU; AND F) IN THE EVENT OF ANY KINDBREACH OF THE WARRANTIES SET FORTH ABOVE, EITHER EXPRESS LICENSOR’S SOLE AND EXCLUSIVE RESPONSIBILITY, AND LICENSEE’S SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR LICENSOR TO CORRECT OR IMPLIEDREPLACE, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATIONAT NO ADDITIONAL CHARGE TO LICENSEE, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE PORTION OF THE SERVICES FOUND TO BE DEFECTIVE; PROVIDED, HOWEVER, THAT IF WITHIN A COMMERCIALLY REASONABLE PERIOD OF TIME LICENSOR NEITHER CORRECTS SUCH DEFECTS NOR REPLACES THE DEFECTIVE SERVICES, THEN CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RECEIVE DIRECT DAMAGES NOT TO EXCEED A SUM EQUAL TO THE ACCURACY OR RELIABILITY AMOUNT OF ANY INFORMATION OBTAINED THROUGH FEES PAID TO LICENSOR, IF ANY, FOR USING THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. KUBEMQ DOES NOT WARRANT THAT THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT APPLICATION WILL COMPLETELY MEET YOUR REQUIRMENTS OR AS REQUIRED THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, WE ASSUME NO RESPONSIBILITY FOR KUBEMQ EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY LOSS OF DATA CAUSED AS A RESULT OF, BUT NOT LIMITED TO, FAILURE OF ELECTRICAL POWER, FAILURE OF TELECOMMUNICATION NETWORKS, INAPPROPRIATE OPERATING ENVIRONMENT OR CONDITIONS AND WE ANY THIRD PARTY ACTIONS OR NEGLIGENCE. NO DEALER, DISTRIBUTOR, RESELLER, AGENT OR EMPLOYEE OF KUBEMQ IS AUTHORIZED TO MAKE NO ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. IF ANY MODIFICATION IS MADE TO THE APPLICATION BY YOU DURING THE WARRANTY PERIOD, OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE IF YOU VIOLATE ANY OF THE SERVICESTERMS OF THIS AGREEMENT OR THE USER'S GUIDE, THEN THE WARRANTY IN SECTION 7 ABOVE, SHALL IMMEDIATELY BE TERMINATED. FURTHER, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH WARRANTY SHALL NOT APPLY IF THE SERVICESAPPLICATION IS USED ON, OR THAT IN CONJUNCTION WITH, HARDWARE OR APPLICATION OTHER THAN AS DESCRIBED IN THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEGUIDE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND SIMTRONICS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON‐INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. SIMTRONICS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SIMTRONICS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SIMTRONICS NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR FREEERROR‐FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Warranty Disclaimer. THE SERVICES AXCE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BASIS. ALTOVA PROVIDES NO WARRANTIES FOR THE AXCE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, DELETIONWHETHER EXPRESS, MISDELIVERY IMPLIED OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESOTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, AND WE MAKE NO WARRANTY NON- INFRINGEMENT. ALTOVA DOES NOT WARRANT THAT THE AXCE SOFTWARE IS ERROR-FREE OR REPRESENTATION REGARDING WILL OPERATE WITHOUT INTERRUPTION. IF MANDATORILY APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED AXCE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE USE DATE OF INSTALLATION OR BEGIN OF USE, WHATEVER IS THE EARLIER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR FROM JURISDICTION TO JURISDICTION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SERVICES, ACDE OR ACBE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS ALTOVA FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE ACDE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEACBE SOFTWARE IN YOUR USE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ALL PRODUCTS ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND RENTOUCH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. RENTOUCH SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND WE MAKE NO OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RENTOUCH. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RENTOUCH NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Warranty Disclaimer. EXCEPT TO THE SERVICES AND RELATED DOCUMENTATION EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, T-MOBILE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE HANDSETS, XXXx, AND/OR OTHER TRAINING EQUIPMENT, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO (I) NON-INFRINGEMENT, (II) MERCHANTABILITY, OR (III) FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, T-MOBILE DOES NOT REPRESENT, WARRANT OR CONDITION THAT THE OPERATION OF THE HANDSETS, XXXx, AND/OR OTHER TRAINING EQUIPMENT WILL BE UNINTERRUPTED, BUG FREE OR ERROR FREE. EXCEPT FOR THE WARRANTIES PROVIDED BY THE APPLICABLE MANUFACTURER(S) OF THE TRAINING DEVICES, THE TRAINING DEVICES ARE PROVIDED “AS IS.” PROVIDER ACKNOWLEDGES THAT IT RELIES ON NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXCEPT AS OTHERWISE PROVIDED THOSE EXPRESSLY SET FORTH HEREIN OR IN THE SERVICES AGREEMENT. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE TERM OF THIS LICENSE AGREEMENT. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENT SECTION 9 FAILS OF ITS ESSENTIAL PURPOSE OR AS REQUIRED USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME (A) IN NO RESPONSIBILITY EVENT WILL T-MOBILE BE LIABLE FOR THE TIMELINESSCOST OF COVER OR SPECIAL, DELETIONINCIDENTAL, MISDELIVERY CONSEQUENTIAL OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, PUNITIVE DAMAGES HEREUNDER (INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF DATA THAT RESULTS FROM BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR ANY HANDSETS, XXXx, OR OTHER TRAINING EQUIPMENT PROVIDED HEREUNDER, EVEN IF T-MOBILE HAS BEEN ADVISED OF THE DOWNLOAD OR THE OBTAINING POSSIBILITY OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DAMAGES AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEEVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “PRODUCT IS FURNISHED ON AN "AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW" BASIS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSAND PUBLISHER DISCLAIMS ALL WARRANTIES, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD- PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY ANY WARRANTIES ARISING BY STATUTE OR REPRESENTATION REGARDING OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PUBLISHER SPECIFICALLY DOES NOT WARRANT THAT THE RESULTS THAT PRODUCT WILL MEET YOUR REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE OBTAINED FROM SELECTED FOR USE BY YOU; THAT THE USE OPERATION OR OUTPUT OF THE SERVICESPRODUCT WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; OR THAT ANY OR ALL ERRORS OR DEFECTS IN THE ACCURACY PRODUCT WILL BE CORRECTED. YOU USE THE PRODUCT AT YOUR OWN RISK. PUBLISHER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELIABILITY RELATING TO YOUR USE OR INABILITY TO USE THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PUBLISHER SHALL CREATE A WARRANTY. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ANY INFORMATION OBTAINED THROUGH THE SERVICESALL NECESSARY SERVICING, REPAIR, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTSCORRECTION. Some countries, BE UNINTERRUPTEDstates and jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, TIMELY, SECURE OR ERROR FREE.so the above limitations and exclusions may not apply to you.------------------------------------------

Warranty Disclaimer. THE EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1 (GENERAL WARRANTIES) AND 11.2 (VIRUS WARRANTY), ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND BRIKIT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BRIKIT WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND WE MAKE NO ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF BRIKIT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BRIKIT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR REPRESENTATION REGARDING GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES SOFTWARE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR ERROR ERROR-FREE; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.2 (VIRUS WARRANTY), THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.