Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.

Warranty Disclaimer. NOTWITHSTANDING ANYTHING TO THE PLATFORM CONTRARY AND SURF EQUIPMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN LYNXSPRING PROVIDES THE PRODUCT SOFTWARE “AS AS-IS” BASIS. SURF HEREBY AND DISCLAIMS ALL WARRANTIES OF ANY KINDAND CONDITIONS, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. IN ADDITION, SURF LYNXSPRING DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET GUARANTEE ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN SPECIFIC RESULTS FROM THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSPRODUCT SOFTWARE. LYNXSPRING MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSCODE, TIMELY, SECURE, OR ERROR-FREE. CONTRACTOR ASSUMES YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE ENTIRE RISK AS PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND LYNXSPRING DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENTPRODUCT, COMPUTER, MOBILE DEVICE, AND ALL CONTENT THEREONOTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.

Warranty Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MMR MAKES NO REPRESENTATIONS OR WARRANTIES TO RESELLER OR CUSTOMERS WITH RESPECT TO THE PLATFORM MMRPRO SYSTEM AND SURF EQUIPMENTANY UPDATES, ENHANCEMENTS, NEW FEATURES, AND ALL CONTENT THEREIN AND THEREONNEW VERSIONS THEREOF, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF DOCUMENTATION, HARDWARE, OR ANY KINDSERVICES PROVIDED, OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED IMPLIED, OR STATUTORY. FURTHER, INCLUDINGMMR CANNOT AND WILL NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, BUT OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA OR INABILITY TO ACCESS DATA. MMR CANNOT AND DOES NOT LIMITED TOWARRANT THAT THE FUNCTIONS OR SERVICES PERFORMED ON THE MMRPRO SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, ANY WARRANTY OF DESIGNOR THAT DEFECTS IN THE MMRPRO SYSTEM WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE ARE EXPRESSLY EXCLUDED AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS DISCLAIMED TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONMAXIMUM EXTENT PERMITTED BYLAW.

Warranty Disclaimer. YOU AGREE NOT TO RELY ON THE PLATFORM SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS ISAVAILABLE” BASIS. SURF HEREBY UPWORK MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPWORK DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, AND NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST UPWORK WITH RESPECT TO ANY DEFECTS, NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTCONFORMANCES, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONDISSATISFACTION.

Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 11(a) ABOVE, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE SERVICE (INCLUDING THE SIMILARITY REPORTS) IS PROVIDED ON AN “"AS IS” " AND "AS AVAILABLE" BASIS. SURF HEREBY TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENTINFRINGEMENT AND TITLE. IN ADDITIONNO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. THE SERVICE IS ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE INSTITUTION’S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NETWORKS. TURNITIN SHALL NOT LIABLE BE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONACTIVITIES.

Warranty Disclaimer. EXCEPT FOR THE PLATFORM AND SURF EQUIPMENTWARRANTY OF TITLE AS SET FORTH BELOW, AND ALL CONTENT THEREIN AND THEREON, THE ITEMS ARE PROVIDED ON AN "AS IS" AND “AS WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND PATENT. SURF HEREBY DISCLAIMS . ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORYARE DISCLAIMED BY TEXAS INSTRUMENTS AND DO NOT APPLY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY TO THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITION, SURF TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT REPRESENT CONVEY TO RECIPIENT ANY LICENSE OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTSUBLICENSE UNDER ANY PATENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOPYRIGHT, OR OTHER PROBLEMSINTELLECTUAL PROPERTY RIGHT, EITHER EXPRESS OR IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE ITEMS PURCHASED HEREUNDER, INCLUDING INHERENT IN WITHOUT LIMITATION: (i) THE USE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF THE INTERNET AND ELECTRONIC COMMUNICATIONSITEMS, AND SURF IS NOT LIABLE (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE ITEMS FOR ANY SUCH LIMITATIONSPARTICULAR PURPOSE. TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS PRODUCTS OWN ASSESSMENT AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE EVALUATION OF THE PLATFORM ITEMS FOR SUCH PURPOSES AND SURF EQUIPMENTIS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, AND ALL CONTENT THEREONAFFILIATES, REPRESENTATIVES OR AGENTS. Texas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, Texas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient.

Warranty Disclaimer. THE PLATFORM PURCHASER ACKNOWLEDGES AND SURF EQUIPMENTAGREES THAT EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3 HEREOF, NEITHER SELLERS NOR ANY OF THEIR AFFILIATES (NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES) HAVE MADE AND, AND ALL CONTENT THEREIN AND THEREONNONE OF THEM SHALL BE DEEMED TO HAVE MADE, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND OR CHARACTER, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED EITHER HEREIN OR STATUTORYOTHERWISE, INCLUDINGAS TO THE BUSINESS (INCLUDING IN RESPECT OF ITS FINANCIAL PERFORMANCE), BUT NOT LIMITED TOTHE ASSETS, TRANSFERRED ENTITIES, THE ASSUMED LIABILITIES, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY WARRANTY OTHER MATTER PERTAINING TO ANY OF DESIGNTHE FOREGOING, ANY IMPLIED WARRANTIES OF INCLUDING WITH RESPECT TO (1) THE MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITIONOR QUALITY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) WITH RESPECT TO ANY OF THE PLATFORM OR SURF EQUIPMENTASSETS BEING SO TRANSFERRED, OR ALL CONTENT THEREIN AND THEREONTHE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT WHETHER LATENT OR ERRORPATENT (OR ANY OTHER REPRESENTATION OR WARRANTY REFERRED TO IN SECTION 2-FREE; 312 OF THE NEW YORK UNIFORM COMMERCIAL CODE OR THE UNIFORM COMMERCIAL CODE OF ANY OTHER APPLICABLE JURISDICTION OR IN ANY STATUTE APPLICABLE TO REAL PROPERTY) OR (B2) THAT ANY PROJECTIONS, ESTIMATES OR BUDGETS HERETOFORE DELIVERED TO OR MADE AVAILABLE TO PURCHASER OR THE PLATFORM WILL MEET ANY AVAILABILITY PROBABLE SUCCESS OR UPTIME COMMITMENTS (PROFITABILITY OF THE PLATFORMTRANSFERRED ENTITIES, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSTHE TRANSFERRED ASSETS OR THE BUSINESS AFTER CLOSING, OR (3) ANY OTHER PROBLEMSINFORMATION, DOCUMENTS AND OTHER MATERIALS (INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY ACCURACY OR COMPLETENESS THEREOF) PROVIDED TO OR MADE AVAILABLE TO PURCHASER (WHETHER ORALLY OR IN WRITING, IN CERTAIN “DATA ROOMS”, MANAGEMENT PRESENTATIONS, FUNCTIONAL “BREAK-OUT” DISCUSSIONS, RESPONSES TO QUESTIONS, OR IN ANY OTHER FORM), AND, EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3 HEREOF, EACH AND PERFORMANCE EVERY SUCH OTHER REPRESENTATION OR WARRANTY IS HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE PLATFORM FOREGOING AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ASSETS ARE BEING SOLD, CONVEYED, TRANSFERRED, ASSIGNED AND SURF EQUIPMENT, DELIVERED AND ALL CONTENT THEREONTHE ASSUMED LIABILITIES ARE BEING ASSUMED “AS IS” AND “WHERE IS”.

Warranty Disclaimer. THE PLATFORM ALL PKLA PRODUCT KITS AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF AND QTIL AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY KINDPKLA PRODUCT KITS, WHETHER EXPRESSSUPPORT SERVICES OR OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR AGAINST INFRINGEMENT, TITLE AND NON-INFRINGEMENTOR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTHING CONTAINED IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: THIS AGREEMENT SHALL BE CONSTRUED AS (A) A WARRANTY OR REPRESENTATION BY QTIL OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS AS TO THE PLATFORM VALIDITY OR SURF EQUIPMENTSCOPE OF ANY PATENT, COPYRIGHT OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OTHER INTELLECTUAL PROPERTY RIGHT OR (B) A WARRANTY OR REPRESENTATION BY QTIL OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS THAT THE PLATFORM ANY MANUFACTURE OR USE OF ANY PKLA PRODUCT KIT, SUPPORT SERVICES OR OTHER INFORMATION OR DOCUMENTATION PROVIDED HEREUNDER WILL MEET ANY AVAILABILITY BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR UPTIME COMMITMENTS (THE PLATFORMOTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND ALL CONTENT THEREON, MAY IT SHALL BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE SOLE RESPONSIBILITY OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS LICENSEE TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE QUALITY ACQUISITION OF LICENSES UNDER PATENTS AND PERFORMANCE OTHER INTELLECTUAL PROPERTY OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTHIRD PARTIES.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENTEXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED WITH RESPECT TO ANY ITEMS OR STATUTORYSOLUTION PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNWITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING BY USAGE OF TRADE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTCOURSE OF DEALING, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMCOURSE OF PERFORMANCE, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN FORWARD NETWOKS HEREBY DISCLAIMS THE USE SAME ON BEHALF OF THE INTERNET ITSELF AND ELECTRONIC COMMUNICATIONS, ITS LICENSORS AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO)SUPPLIERS. WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND FORWARD NETWORKS DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTSTHE SOLUTION OR DOCUMENTATION WILL MEET CUSTOMER’S NEEDS OR REQUIREMENTS, SERVICES, THAT ANY CONTENT THEREONOR DATA GENERATED BY THE SOLUTION WILL BE ACCURATE, COMPLETE, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE RELIABLE, THAT USE OF THE PLATFORM AND SURF EQUIPMENTSOLUTION WILL BE UNINTERRUPTED, AND ALL CONTENT THEREONTIMELY, SECURE OR FREE FROM ERROR, OR THAT ANY DEFECTS IN THE SOLUTION OR DOCUMENTATION WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FORWARD NETWORKS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Warranty Disclaimer. TO THE PLATFORM AND SURF EQUIPMENTMAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, SOFTWARE, AND ALL CONTENT THEREIN CONDUCTOR TECHNOLOGIES CONFIDENTIAL INFORMATION AND THEREON, ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON AN “AS "AS-IS” BASIS. SURF HEREBY DISCLAIMS " WITH ALL FAULTS, WITHOUT ANY WARRANTIES OF ANY KIND. CONDUCTOR TECHNOLOGIES (AND ITS AGENTS, WHETHER AFFILIATES, LICENSORS AND SUPPLIERS) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, NON-INTERRUPTION, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, LACK OF VIRUSES OR LACK OF NEGLIGENCE. NEITHER CONDUCTOR TECHNOLOGIES NOR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS MAKES ANY WARRANTY AGAINST LOSS OR INACCURACY OF DATA; OR (B) NOR DOES IT MAKE ANY WARRANTY AS TO ANY RESULTS THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE OBTAINED FROM USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO)SERVICES. WHILE SURF ATTEMPTS TO MAKE CUSTOMER’S USE OF THE SERVICES IS AT ITS PRODUCTS OWN DISCRETION AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONRISK.

Warranty Disclaimer. KLAS PROVIDES THE PLATFORM SOFTWARE AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “DOCUMENTATION "AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES " AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED OR STATUTORYWARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND PERFORMANCE, ACCURACY, RELIABILITY, QUIET ENJOYMENT, INTEGRATION, TITLE, NON-INTERFERANCE AND NON- INFRINGEMENT. IN ADDITIONFURTHER, SURF KLAS DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTWARRANT, GUARANTEE, OR ALL CONTENT THEREIN AND THEREONMAKE ANY REPRESENTATIONS THAT THE SOFTWARE OR DOCUMENTATION WILL BE FREE FROM BUGS OR DEFECTS, ARE THAT IT’S USE WILL BE UNINTERRUPTED OR ERROR FREE, THAT IT WILL MEET LICENSEE’S REQUIREMENTS, OR THAT IT WILL BE CORRECT, ACCURATE, COMPLETEOR RELIABLE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SHOULD THE SOFTWARE OR DOCUMENTATION PROVE DEFECTIVEFOLLOWING LICENSE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES LICENSEE (AND ANY CONTENT THEREINNOT KLAS) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK COST OF ALL NECESSARY SERVICING OR REPAIR, EXCEPT AS MAY OTHERWISE BE PROVIDED BY A KLAS RESELLER OR SUPPORT PROVIDER. LICENSEE ASSUMES ALL RESPONSIBILITY TO ACHIEVE ITS INTENDED RESULTS AND FOR THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENTINSTALLATION, USE, AND ALL CONTENT THEREONRESULTS OBTAINED FROM THE SOFTWARE AND DOCUMENTATION.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, PRODUCTS ARE PROVIDED ON AN “AS IS,” BASIS. SURF HEREBY DISCLAIMS AND EMITE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY WARRANTY OF DESIGNNON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE 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. EMITE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND NON-INFRINGEMENTOTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EMITE. IN ADDITIONTO THE MAXIMUM EXTENT PERMITTED BY LAW, SURF DOES NOT REPRESENT NEITHER EMITE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR WARRANT GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM OR SURF EQUIPMENTUSE OF ANY PRODUCTS WILL BE SECURE, OR ALL CONTENT THEREIN AND THEREONTIMELY, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT UNINTERRUPTED OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.;

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE PLATFORM AND SURF EQUIPMENTGUIDE, TELEFLORA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDCONDITIONS, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITIONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) TITLE, WITH RESPECT TO THE PLATFORM OR SURF SERVICE, THE EQUIPMENT, OR ALL CONTENT THEREIN ANY RELATED DOCUMENTATION AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMMANUALS, AND ALL CONTENT THEREON, MAY BE SUBJECT ANY OTHER SERVICES AND GOODS PROVIDED TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO)MERCHANT UNDER THIS AGREEMENT. WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND TELEFLORA DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTSTHE SERVICE, SERVICES, THE EQUIPMENT OR ANY CONTENT THEREONRELATED DOCUMENTATION OR MANUALS, OR SERVERS ARE FREE OF VIRUSES ANY OTHER GOODS OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS SERVICES PROVIDED TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENTMERCHANT UNDER THIS AGREEMENT WILL MEET MERCHANT’S REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, AND ALL CONTENT THEREONACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE.

Warranty Disclaimer. (a) THE PLATFORM SOFTWARE AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, DOCUMENTATION ARE PROVIDED ON AN “TO LICENSEE "AS IS” BASIS. SURF HEREBY DISCLAIMS " AND WITH ALL WARRANTIES FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, 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 OR IMPLIED, STATUTORY, INCLUDINGOR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, ANY WARRANTY OF DESIGN, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTAND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR ALL CONTENT THEREIN TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMINTENDED RESULTS, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPATIBLE, OR WORK WITH ANY OTHER PROBLEMSSOFTWARE, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSAPPLICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYSSYSTEMS, OR PROBLEMSSERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND THAT ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT ERRORS OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, DEFECTS CAN OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONWILL BE CORRECTED.

Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 7.1, TO THE PLATFORM AND SURF EQUIPMENTEXTENT ALLOWED BY APPLICABLE LAW, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY SOPHOS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHER IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OR NON-INFRINGEMENTINFRINGEMENT OF THE SERVICE. IN ADDITION, SURF DOES NOT REPRESENT SOPHOS MAKES NO WARRANTY OR WARRANT THATREPRESENTATION THAT THE SERVICE: (A) THE PLATFORM OR SURF EQUIPMENTWILL BE UNINTERRUPTED, OR ALL CONTENT THEREIN AND THEREONCOMPLETELY SECURE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, FAILSAFE, OR FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR (BC) THAT WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMPERFORMANCE, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSOPERATION, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE SECURITY OF THE INTERNET AND ELECTRONIC COMMUNICATIONSSERVICE THAT ARISE FROM CUSTOMER CONTENT, AND SURF IS NOT LIABLE THIRD-PARTY SERVICES, OR ANY OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SUCH LIMITATIONSINTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, DELAYSNETWORKS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONSYSTEMS OUTSIDE SOPHOS’S CONTROL.

Warranty Disclaimer. THE NEITHER PROJECT DATA SPHERE NOR ANY OF ITS LICENSORS OF TECHNOLOGY OR DATA, NOR ITS HOSTING PLATFORM AND SURF EQUIPMENTPROVIDER MAKES ANY WARRANTY, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDINGREGARDING THE DATABASE, BUT NOT LIMITED TOTHE DATA, ANY WARRANTY THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS OR THE PLATFORM. PROJECT DATA SPHERE (ON BEHALF OF DESIGNITSELF, ANY EACH LICENSOR OF TECHNOLOGY OR DATA AND ITS HOSTING PLATFORM PROVIDER) SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS AND THE PLATFORM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY WARRANTIES ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. PROJECT DATA SPHERE, TITLE ITS LICENSORS OF TECHNOLOGY OR DATA AND NON-INFRINGEMENT. IN ADDITIONITS HOSTING PLATFORM PROVIDER DO NOT GUARANTEE THAT THE DATA, SURF DOES NOT REPRESENT THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY YOUR REQUIREMENTS OR UPTIME COMMITMENTS (NEEDS OR THAT THE PLATFORMDATA OR THE USER CONTRIBUTIONS ARE ACCURATE, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCURRENT, OR OTHER PROBLEMSCOMPLETE. THE DATA, INCLUDING INHERENT IN THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS AND THE PLATFORM ARE PROVIDED “AS IS,” AND YOUR USE OF THE INTERNET DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONIS AT YOUR SOLE RISK.

Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE PLATFORM AND SURF OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE AND/OR ANY EQUIPMENT, AND ALL CONTENT THEREIN AND THEREONHARDWARE, ARE SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED BY US OR STATUTORYA THIRD PARTY SERVICE VENDOR, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THAT THE SERVICE AND/OR ANY WARRANTY OF DESIGNEQUIPMENT, ANY HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE VENDOR WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITIONWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SURF DOES NOT REPRESENT YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR WARRANT THAT: (A) THE PLATFORM TELECOMMUNICATION LINES OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMCIRCUITS, AND YOU HEREBY ASSUME ALL CONTENT THEREONSUCH RISKS. IF ANY OF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT WE MAKE ONLY THE WARRANTIES SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF WARRANTIES STATED IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSSERVICE SCHEDULE SHALL BE IN ADDITION TO, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSIN LIEU OF, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONDISCLAIMERS STATED HEREIN.

Warranty Disclaimer. SYNAPTICON WARRANTS THAT THE PLATFORM SOFTWARE AND SURF EQUIPMENTDOCUMENTATION CONFORMS TO THE SPECIFICATIONS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY EXPRESSLY GRANTED , THE PACKAGE AND ALL CONTENT THEREIN AND THEREON, DOCUMENTATION ARE PROVIDED ON AN LICENSED “AS IS,” BASIS. SURF HEREBY AND SYNAPTICON DISCLAIMS ANY AND ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. IN ADDITIONWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SURF SYNAPTICON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND DOES NOT REPRESENT WARRANT THAT THE PACKAGE WILL MEET THE CUSTOMERS REQUIREMENTS OR WARRANT THAT: (A) THAT OPERATION OF THE PLATFORM OR SURF EQUIPMENTPACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ALL CONTENT THEREIN AND THEREONERROR FREE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT THAT DEFECTS OR ERROR-FREE; ERRORS IN THE PACKAGE WILL BE CORRECTED OR (B) THAT THE PLATFORM PACKAGE WILL MEET BE COMPATIBLE WITH FUTURE SYNAPTICON’ PRODUCTS, OR THAT ANY AVAILABILITY INFORMATION OR UPTIME COMMITMENTS (DATA STORED OR TRANSMITTED THROUGH THE PLATFORMPACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. THE CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE THE CUSTOMERS INTENDED RESULTS, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN FOR THE RESULTS OBTAINED FROM THE CUSTOMERS USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONPACKAGE.

Warranty Disclaimer. EXCEPT FOR THE PLATFORM EXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 12.1 AND SURF EQUIPMENT12.2, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DYNATRACE DISCLAIMS ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITIONCUSTOMER ACKNOWLEDGES THAT FACTORS SUCH AS CHANGES TO CUSTOMER’S MONITORING PROFILE, SURF NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED BY DYNATRACE FROM CUSTOMER’S SITE(S), MAY HAVE A MATERIAL IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS, AND DYNATRACE SHALL NOT BE RESPONSIBLE FOR ANY SUCH FACTORS. DYNATRACE DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM USE OF ANY DYNATRACE PRODUCT OR SURF EQUIPMENTDELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE, CURRENT OR ERROR-FREE; OR (BD) THAT THE PLATFORM PRODUCTS OR DELIVERABLES WILL MEET ANY AVAILABILITY BE UNINTERRUPTED, ERROR-FREE OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSVIRUS-FREE, OR OTHER PROBLEMSTHAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM CUSTOMER’S SITE(S) OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF . DYNATRACE IS NOT LIABLE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMSDELIVERY FAILURES, OR OTHER DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONRESULTING FROM SUCH PROBLEMS.

Warranty Disclaimer. HBI and MFI each acknowledge that any collection and compilation of Unique Names, databases, and data entails the likelihood of inaccuracies and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Both parties will cooperate in developing reasonable systems, procedures, and processes to minimize such inaccuracies. Except as specifically provided in this Section 7.1, both parties, however, agree THAT THE PLATFORM HBI DATABASE AND SURF EQUIPMENTTHE ASSOCIATION DATABASE EACH, THE INTERNET TECHNOLOGIES, ANY UNIQUE NAMES AND DATA, AND ALL CONTENT THEREIN RESEARCH AND THEREONOTHER PRODUCTS PRODUCED THEREFROM OR RELATED THERETO OR PROVIDED HEREUNDER, ARE PROVIDED ON AN “"AS IS” BASIS", AND NEITHER HBI NOR THE ASSOCIATION MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS, GENUINENESS, OR CURRENTNESS THEREOF. SURF HEREBY DISCLAIMS ALL WARRANTIES OF BOTH PARTIES SPECIFICALLY DISCLAIM ANY KINDOTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EACH PARTY AGREES THAT IN ADDITION, SURF DOES NOT REPRESENT NO EVENT WILL THE OTHER PARTY BE LIABLE IN ANY MANNER (INCLUDING WITHOUT LIMITATION LIABILITY FOR INCIDENTAL OR WARRANT THAT: (ACONSEQUENTIAL DAMAGES) FOR THE PLATFORM RESULTS OF OR SURF EQUIPMENT, WITH RESPECT TO ITS OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT ANY OF ITS CUSTOMER'S OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE CLIENT'S USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSHBI DATABASE, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYSTHE ASSOCIATION DATABASE, OR PROBLEMSTHE UNIQUE NAMES OR DATA CONTAINED THEREIN, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS THE INTERNET TECHNOLOGIES OR ANY RESEARCH OR PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT PRODUCED THEREFROM OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONPROVIDED HEREUNDER.

Warranty Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ANY BRAINTRAIN PRODUCT IS AT YOUR SOLE RISK. THE PLATFORM SOFTWARE AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, RELATED DOCUMENTATION ARE PROVIDED ON AN “"AS IS”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

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES ARE PROVIDED ON AN “AS IS.” BASISNEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. SURF HEREBY SCHOLASTIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, 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 ANY KINDDELIVERABLES PROVIDED BY SCHOLASTIC HEREUNDER. SCHOLASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, WHETHER EXPRESSACCURACY, IMPLIED RELIABILITY, OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. SCHOLASTIC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD- PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY SCHOLASTIC OR A SCHOLASTIC-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF DESIGNHEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF SCHOLASTIC DOES NOT REPRESENT OR WARRANT THAT: (A) THAT THE PLATFORM OR SURF EQUIPMENTOPERATION OF THE SERVICES WILL BE UNINTERRUPTED, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT VIRUS-FREE OR ERROR-FREE; OR (B) THAT . FURTHER, SCHOLASTIC MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMPROVISION OF SERVICES TO CUSTOMER, AND ALL CONTENT THEREON, MAY SCHOLASTIC SHALL NOT BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT HELD LIABLE FOR ANY DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTHIRD PARTIES.

Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 11(a) ABOVE, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE SERVICE (INCLUDING THE ORIGINALITY REPORTS) IS PROVIDED ON AN “"AS IS” " AND "AS AVAILABLE" BASIS. SURF HEREBY TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENTINFRINGEMENT AND TITLE. IN ADDITIONNO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN'S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. THE SERVICE IS ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE INSTITUTION'S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NETWORKS. TURNITIN SHALL NOT LIABLE BE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONACTIVITIES.

Warranty Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT AND TO THE PLATFORM AND SURF EQUIPMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES (a) RAPIDSOS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, INCLUDINGAS TO ANY MATTER WHATSOEVER, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY (b) RAPIDSOS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, NON-INFRINGEMENT. IN ADDITION, SURF QUALITY, ACCURACY, OR ANY REPRESENTATION OR WARRANTY ARISING BY USAGE OF TRADED, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND, (c) RAPIDSOS DOES NOT REPRESENT WARRANT THAT ANY PRODUCTS OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; FREE OR (B) THAT THE PLATFORM OPERATION OF ANY PARTY’S SERVICES OR PROPRIETARY TECHNOLOGY, WILL MEET BE SECURE OR UNINTERRUPTED. NOTWITHSTANDING ANYTHING TO THE CONTRARY, RAPIDSOS SHALL HAVE NO OBLIGATION OR ANY AVAILABILITY OR UPTIME COMMITMENTS (LIABILITY TO ANY THIRD PARTY HEREUNDER. Agency AGREES THAT RAPIDSOS CANNOT CONTROL THE PLATFORMMANNER IN WHICH EMERGENCY SERVICES ARE RENDERED, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF THEREFORE CANNOT AND DOES NOT REPRESENT GUARANTEE THAT EMERGENCY SERVICE PROVIDERS WILL PERFORM IN ANY WAY OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES WILL UTILIZE THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONINFORMATION PROVIDED.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENTMANUAL IS PROVIDED "AS IS." GHDFC DOES NOT MAKE ANY, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDALL, WHETHER EXPRESSWARRANTIES, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGNTITLE, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, INTEGRATION, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTPURPOSE OR USE OR ANY OTHER WARRANTY RELATING TO THE MANUAL. IN ADDITIONNO EVENT WILL GHDFC, SURF DOES NOT REPRESENT ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS CONTRACTORS (THE PLATFORM"GHDFC PARTIES") BE LIABLE TO LICENSEE, ITS USERS (OR ANY OF THEIR RESPECTIVE AGENTS OR REPRESENTATIVES) OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, WHETHER OR OTHER PROBLEMS, INCLUDING INHERENT NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN. IN NO EVENT WILL THE LIABILITY OF THE GHDFC PARTIES IN THE AGGREGATE FOR ANY ALLOWABLE DAMAGES EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY LICENSEE UNDER THIS AGREEMENT OR, IF NONE, THEN THE AMOUNT OF ONE THOUSAND DOLLARS IN THE AGGREGATE FOR ALL CLAIMS. IF LICENSEE OR ANY OF ITS USERS IS DISSATISFIED WITH THE MANUAL, LICENSEE'S AND ITS USERS' SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE INTERNET MANUAL AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 19.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENTEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF DEVELOPER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNWITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITYNON­INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE ANY REPRESENTATIONS OR WARRANTIES CONCERNING RESULTS OBTAINED FROM COMPANY, COMPANY MEMBERS, USERS, OR SUBSCRIBERS IN CONNECTION WITH THEIR USE OF THE DEVELOPER TECHNOLOGY AND NON-INFRINGEMENTANY REPRESENTATIONS OR WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SURF DEVELOPER DOES NOT REPRESENT WARRANT THAT THE DEVELOPER TECHNOLOGY WILL MEET THE BUSINESS REQUIREMENTS OF COMPANY OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTCOMPANY MEMBERS, OR ALL CONTENT THEREIN AND THEREONTHAT OPERATION OR USE THEREOF WILL BE UNINTERRUPTED, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT SECURE OR ERROR-FREE; . NO ORAL OR WRITTEN INFORMATION (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE DOCUMENTATION AND SPECIFICATIONS) WILL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT UNLESS MEMORIALIZED IN A WRITING SIGNED BY DEVELOPER EXPRESSLY GRANTING SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONWARRANTY.

Warranty Disclaimer. PAI AND ITS’ BANK SPONSOR, PROCESSORS AND NETWORKS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE PLATFORM AND SURF EQUIPMENTSERVICES, AND ALL CONTENT THEREIN AND THEREON, ARE THE DELIVERY SYSTEM OR RELATED COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORYTO ATM OWNER UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, TITLE EMPLOYEE, DISTRIBUTOR, REPRESENTATIVE OR DEALER OF PAI, ITS’ BANK SPONSOR, PROCESSOR OR NETWORK SHALL BE AUTHORIZED TO ENLARGE OR MODIFY SUCH WARRANTY. THE STATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PAI, PROCESSOR AND NON-INFRINGEMENT. NETWORK FOR DAMAGES ARISING OUT OF OR IN ADDITIONCONNECTION WITH THE DELIVERY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTUSE, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM SERVICES SYSTEM. THE COMPANY UNDERSTANDS AND SURF EQUIPMENTAGREES THAT IT IS SOLELY RESPONSIBLE FOR THE DEPLOYMENT OF THE ATM AND ASSOCIATED ATM EQUIPMENT AND MEETING ALL CURRENT NETWORK, GOVERNMENTAL AND ALL CONTENT THEREONREGULATORY STANDARDS TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PAI, ITS BANK SPONSOR, PROCESSOR OR NETWORK BE LIABLE, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, FOR ANY LOST PROFITS, LOSS OF BUSINESS, REVENUES OR FOR OTHER SPECIAL DAMAGES SUFFERED BY ATM OWNER, ITS CUSTOMERS OR OTHERS, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ATM OWNER’S INABILITY TO USE THE SERVICES SYSTEM OR LOSS OF DATA, EVEN IF THE BANK SPONSOR, NETWORK, PROCESSOR, PAI, OR THEIR AUTHORIZED AGENTS, EMPLOYEES, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY AGREES THAT PAI IS NOT RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME. THE CUMULATIVE LIABILITY OF PAI, IT’S BANK SPONSOR, PROCESSOR AND NETWORK UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEE INCOME EARNED BY ATM OWNER IN THE PREVIOUS TWELVE (12) MONTHS. ATM OWNER AGREES THAT PAI IS NOT RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME.

Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 7.1, TO THE PLATFORM EXTENT ALLOWED BY APPLICABLE LAW, SOPHOS AND SURF EQUIPMENT, ITS THIRD-PARTY LICENSORS AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHER IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTOR NON- INFRINGEMENT OF THE PRODUCT. IN ADDITION, SURF DOES NOT REPRESENT SOPHOS MAKES NO WARRANTY OR WARRANT THATREPRESENTATION THAT THE PRODUCT: (A) THE PLATFORM OR SURF EQUIPMENTWILL BE UNINTERRUPTED, OR ALL CONTENT THEREIN AND THEREONCOMPLETELY SECURE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, FAILSAFE, OR FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR (BC) THAT WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMPERFORMANCE, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSOPERATION, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE SECURITY OF THE INTERNET AND ELECTRONIC COMMUNICATIONSPRODUCT THAT MAY ARISE FROM CUSTOMER CONTENT, AND SURF IS NOT LIABLE THIRD PARTY SERVICES, OR ANY OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SUCH LIMITATIONSINTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, DELAYSNETWORKS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONSYSTEMS OUTSIDE SOPHOS’S CONTROL.

Warranty Disclaimer. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, 3COM MATERIALS IS AT LICENSEE'S SOLE RISK. THE 3COM MATERIALS ARE PROVIDED ON AN “"AS IS” BASIS. SURF HEREBY " AND WITHOUT WARRANTY OF ANY KIND AND 3COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORYWARRANTIES. TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNTHE IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NONINFRINGEMENT OF THIRD PARTY RIGHTS AND NON-INFRINGEMENTSATISFACTORY QUALITY. IN ADDITION, SURF 3COM DOES NOT REPRESENT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 3COM MATERIALS ARE SUITABLE FOR LICENSEE'S USE OR WARRANT THAT: (A) THAT THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OPERATION OF THE 3COM MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMSTHAT DEFECTS IN THE 3COM MATERIALS WILL BE CORRECTED. FURTHERMORE, INCLUDING INHERENT IN 3COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS3COM MATERIALS OR IN TERMS OF THEIR CORRECTNESS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSACCURACY, DELAYSRELIABILITY, OR PROBLEMS, OTHERWISE. NO ORAL OR DAMAGES RELATING THERETO)WRITTEN INFORMATION OR ADVICE GIVEN BY 3COM SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WHILE SURF ATTEMPTS TO MAKE THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE PORTION OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON3COM MATERIALS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 7.1, TO THE PLATFORM EXTENT ALLOWED BY APPLICABLE LAW, SOPHOS AND SURF EQUIPMENT, ITS THIRD-PARTY LICENSORS AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHER IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OR NON-INFRINGEMENTINFRINGEMENT OF THE PRODUCT. IN ADDITION, SURF DOES NOT REPRESENT SOPHOS MAKES NO WARRANTY OR WARRANT THATREPRESENTATION THAT THE PRODUCT: (A) THE PLATFORM OR SURF EQUIPMENTWILL BE UNINTERRUPTED, OR ALL CONTENT THEREIN AND THEREONCOMPLETELY SECURE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, FAILSAFE, OR FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR (BC) THAT WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMPERFORMANCE, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSOPERATION, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE SECURITY OF THE INTERNET AND ELECTRONIC COMMUNICATIONSPRODUCT THAT MAY ARISE FROM CUSTOMER CONTENT, AND SURF IS NOT LIABLE THIRD PARTY SERVICES, OR ANY OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SUCH LIMITATIONSINTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, DELAYSNETWORKS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONSYSTEMS OUTSIDE SOPHOS’S CONTROL.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENTLICENSOR WARRANTS THAT IT IS ENTITLED TO PROVIDE THE SOFTWARE TO YOU ON THE TERMS CONTAINED HEREIN. THE LICENSOR WARRANTS THAT THE SOFTWARE, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS, AND ALL CONTENT THEREIN OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. THE ABOVE IS A LIMITED WARRANTY AND THEREON, ARE IS THE ONLY WARRANTY MADE BY THE LICENSOR. THE SOFTWARE IS PROVIDED ON AN “"AS IS” BASIS" BASIS AND YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SURF THE LICENSOR EXPRESSLY DISCLAIMS AND YOU HEREBY DISCLAIMS EXPRESSLY WAIVE ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT ; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WARRANT THAT: (A) THAT THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; FREE OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT ERRORS IN THE USE SOFTWARE, IF ANY, WILL BE CORRECTED. THE LICENSOR'S ABOVE LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF THE INTERNET AND ELECTRONIC COMMUNICATIONSLICENSOR FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, USE OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONSOFTWARE. THE SOFTWARE'S FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE WARRANTIES CONTAINED HEREIN.

Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 14 (a) ABOVE, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES (INCLUDING THE REPORTS) ARE PROVIDED ON AN “"AS IS” " AND "AS AVAILABLE" BASIS. SURF HEREBY TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENTINFRINGEMENT AND TITLE. IN ADDITIONNO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, XXXXXXXX’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY NEW YORK LAW. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE INSTITUTION’S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NETWORKS. TURNITIN SHALL NOT LIABLE BE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONACTIVITIES.

Warranty Disclaimer. EXCEPT FOR THE PLATFORM AND SURF EQUIPMENTWARRANTY OF TITLE AS SET FORTH BELOW, AND ALL CONTENT THEREIN AND THEREON, THE ITEMS ARE PROVIDED ON AN "AS IS" AND “AS WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND PATENT. SURF HEREBY DISCLAIMS . ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORYARE DISCLAIMED BY TEXAS INSTRUMENTS AND DO NOT APPLY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY TO THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITION, SURF TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT REPRESENT CONVEY TO RECIPIENT ANY LICENSE OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTSUBLICENSE UNDER ANY PATENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOPYRIGHT, OR OTHER PROBLEMSINTELLECTUAL PROPERTY RIGHT, EITHER EXPRESS OR IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE ITEMS PURCHASED HEREUNDER, INCLUDING INHERENT IN WITHOUT LIMITATION: (i) THE USE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF THE INTERNET AND ELECTRONIC COMMUNICATIONSITEMS, AND SURF IS NOT LIABLE (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE ITEMS FOR ANY SUCH LIMITATIONSPARTICULAR PURPOSE. TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS PRODUCTS OWN ASSESSMENT AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE EVALUATION OF THE PLATFORM ITEMS FOR SUCH PURPOSES AND SURF EQUIPMENTIS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, AND ALL CONTENT THEREONAFFILIATES, REPRESENTATIVES OR AGENTS. Texas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, Texas Instruments will deliver to Recipient an executed bill of sale for all of the Items in a form reasonably acceptable to Recipient.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, EXPRESS WARRANTIES SPECIFIED HEREIN ARE PROVIDED ON AN “AS IS” BASISTHE ONLY WARRANTIES MADE BY OWNER OR OWNER’S LICENSORS. SURF HEREBY DISCLAIMS ALL WARRANTIES NO REPRESENTATION OR OTHER AFFIRMATION OF ANY KINDFACT, WHETHER EXPRESSMADE BY OWNER OR ANOTHER OR OTHERWISE, THAT IS NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF OWNER OR OWNER’S LICENSORS. OWNER AND OWNER’S LICENSORS FURTHER DISCLAIM AND CLIENT HEREBY WAIVES, ALL IMPLIED WARRANTIES FOR XXXX 5, THE LICENSED PROPERTY, OR STATUTORYANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A INTENDED USE, OR PARTICULAR PURPOSE, TITLE AND OR NON-INFRINGEMENT. IN ADDITIONEACH PARTY WAIVES ANY LIABILITY OF THE OTHER PARTY (AND CLIENT WAIVES WITH RESPECT TO OWNER’S LICENSORS, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMCONTRACTORS, AND ALL CONTENT THEREONOWNERS) IN NEGLIGENCE, MAY BE SUBJECT TO LIMITATIONSTORT, DELAYS, AND STRICT LIABILITY ARISING FROM ANY ACT OR OMISSION OF THE OTHER PROBLEMS, INCLUDING INHERENT PARTY IN THE USE PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EXCEPT AS AND TO THE EXTENT THAT SUCH LIABILITY ARISES OUT OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, GROSS NEGLIGENCE OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE WILLFUL MISCONDUCT OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONOTHER PARTY.

Warranty Disclaimer. HEALTHIERHERE IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR THE PLATFORM CONTENT, USE, OR DISCLOSURE OF CLIENT INFORMATION OR SHARED DATA COLLECTED, STORED, ACCESSED, RETRIEVED OR TRANSMITTED TO OR FROM THE PARTICIPANTS. PARTICIPANT ACKNOWLEDGES THAT THE CLIENT INFORMATION VIEWED OR ACCESSED THROUGH SHARED DATA IS EITHER SELF REPORTED BY THE CLIENT OR COMES FROM ONE OF THE PARTICIPANTS AND SURF EQUIPMENTTHAT SUCH CLIENT INFORMATION MAY NOT BE COMPLETE, ACCURATE OR UP-TO-DATE. PARTICIPANT AND ITS AUTHORIZED USERS ARE SOLELY RESPONSIBLE FOR CONFIRMING THE COMPLETENESS, ACCURACY AND TIMEFRAME OF ALL CLIENT INFORMATION RETRIEVED FROM SHARED DATA, AND ALL CONTENT THEREIN AND THEREONFOR THE USE, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTDISCLOSURE, OR ALL CONTENT THEREIN OMISSION OF SUCH CLIENT INFORMATION IN CONNECTION WITH A CLIENT'S CARE OR COORDINATION OF CARE AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY RELATED SERVICES. HEALTHIERHERE SHALL NOT BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, ACT OR PROBLEMS, OR DAMAGES RELATING THERETO)OMISSION OF THE PARTICIPANTS. WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND HEALTHIERHERE DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTSTHE SERVICES WILL MEET THE REQUIREMENTS OUTSIDE OF THIS AGREEMENT OF ANY PERSON, SERVICESWILL OPERATE ERROR-FREE OR CONTINUOUSLY, AND HEALTHIERHERE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY CONTENT THEREONKIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR REPRESENTATIONS CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CIE. PARTICIPANT AGREES THAT HEALTHIERHERE HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND THAT NO FUTURE AGREEMENT, REPRESENTATION OR WARRANTY OF HEALTHIERHERE WITH REGARD TO INFORMATION AND SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE EFFECTIVE UNLESS EXPRESSLY STATED IN AN AMENDMENT TO THIS AGREEMENT. NO STATEMENT OR DESCRIPTION INCLUDED IN ANY ATTACHMENT, GUIDANCE, AMENDMENT, ADDENDUM OR OTHER DOCUMENTATION PUBLISHED BY HEALTHIERHERE FOR ANY PURPOSE SUBJECT TO OR INCLUDED UNDER THIS AGREEMENT SHALL BE DEEMED AN AMENDMENT OF THIS PROVISION UNLESS IT EXPRESSLY STATES THAT IT IS INTENDED AS SUCH AN AMENDMENT. PARTICIPANT’S USE OF THE CIE IS INTENDED FOR RE ONLY AND DO NOT REPRESENT HEALTHIERHERE'S RECOMMENDATIONS. PARTICIPANT ACKNOWLEDGES THAT THE CIE IS NOT DESIGNED OR INTENDED FOR USE IN ANY ENVIRONMENT IN WHICH THE UNAVAILABILITY OF CIE COULD LEAD TO DEATH, PERSONAL INJURY, OR SERVERS SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE SHARED DATA ARE FREE NOT INTENDED TO BE STATEMENTS OF VIRUSES FACT OR TRUTH. HEALTHIERHERE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, UP-TO-DATE STATUS, OR COMPLETENESS OF THE SHARED DATA, NOR THE SHARED DATA’S COMPLIANCE WITH LEGAL REQUIREMENTS OR XXXX THE CIE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. PARTICIPANT ACKNOWLEDGES AND AGREES THAT HEALTHIERHERE AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTSUNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE SHARED DATA, WEB SITES, COMPUTERS, OR NETWORKS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.HEALTHIERHERE WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES

Warranty Disclaimer. CUSTOMER ACKNOWLEDGES THAT THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, EQUIPMENT IS PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND “AS AVAILABLE” BASIS ONLY, WITHOUT WARRANTY OF ANY KIND, WHETHER AND ALL EXPRESS, IMPLIED OR STATUTORYSTATUTORY WARRANTIES, INCLUDINGCONDITIONS, REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY THE CONDITION OF DESIGNTHE EQUIPMENT, ANY THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY AND NON-INFRINGEMENTNONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE ARE EXCLUDED BY SCALE CALIBRATORS. IN ADDITION, SURF SCALE CALIBRATORS DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM SYSTEMS OR EQUIPMENT WILL MEET THE REQUIREMENTS OF ANY AVAILABILITY PERSON AND OPERATE ON AN UNINTERRUPTED OR UPTIME COMMITMENTS (ERROR -FREE BASIS. THE PLATFORM, CUSTOMER IS SOLELY RESPONSIBLE FOR ANY AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, ACTS OR OTHER PROBLEMSOMISSIONS TAKEN OR MADE IN RELIANCE ON THE EQUIPMENT AND / OR SYSTEM OR THE INFORMATION CONTAINED THEREIN, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSINACCURATE OR INCOMPLETE INFORMATION. ADDITIONALLY, AND SURF IS NOT LIABLE SCALE CALIBRATORS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING CUSTOMER'S REIMBURSEMENT FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONPROCEDURES.

Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 11 (a) ABOVE, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE SERVICE (INCLUDING THE SIMILARITY REPORTS) IS PROVIDED ON AN “"AS IS” " AND "AS AVAILABLE" BASIS. SURF HEREBY TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENTINFRINGEMENT AND TITLE. IN ADDITIONNO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. THE SERVICE IS ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE INSTITUTION’S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NETWORKS. TURNITIN SHALL NOT LIABLE BE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONACTIVITIES.

Warranty Disclaimer. COMPANY REPRESENTS THAT AS OF THE PLATFORM AND SURF EQUIPMENTEFFECTIVE DATE, AND ALL CONTENT THEREIN AND THEREONTO COMPANY'S KNOWLEDGE, ARE PROVIDED THE TECHNOLOGY SYSTEM DOES NOT INFRINGE ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES THE PATENT, CONTRACT OR COPYRIGHT OF ANY KINDTHIRD PARTY. APART FROM THE LIMITED REPRESENTATION THAT COMPANY IS NOT AWARE OF ANY INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY COMPANY AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SATISFACTORY QUALITY AND NON-INFRINGEMENT. THE COMPANY'S AGREEMENT TO INDEMNIFY FRANCHISEE AGAINST CERTAIN INFRINGEMENT CLAIMS, SET FORTH ELSEWHERE IN ADDITIONTHIS AGREEMENT, SURF DOES SHALL NOT REPRESENT BE CONSTRUED AS EXPANDING THE LIMITED REPRESENTATION PROVIDED IN THIS SECTION OR WARRANT THAT: (A) AS VOIDING OR MODIFYING THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN DISCLAIMER OF IMPLIED WARRANTIES OF NON-INFRINGEMENT SET FORTH IN THIS SECTION. COMPANY AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, ITS SUPPLIERS AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES LICENSORS DO NOT REPRESENT OR WARRANT THAT THE TECHNOLOGY SYSTEM OR ANY OF ITS PRODUCTSCOMPONENTS PROVIDED UNDER THIS AGREEMENT WILL ASSIST FRANCHISEE IN COMPLYING WITH ANY DATA PROTECTION LAWS OR REQUIREMENTS (INCLUDING, SERVICESWITHOUT LIMITATION, ANY CONTENT THEREONTHE UNITED KINGDOM DATA PROTECTION ACT OF 1998), OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OPERATION OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTECHNOLOGY SYSTEM OR ANY OF ITS COMPONENTS WILL BE UNINTERRUPTED OR ERROR FREE.

Warranty Disclaimer. PROSPECTIVE NON-OP PARTICIPANT ACKNOWLEDGES AND ACCEPTS THAT THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED CONFIDENTIAL INFORMATION IS FURNISHED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL THE PARTIES AGREE THAT NEITHER GREEN CENTURY NOR ANY OF ITS AFFILIATES OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ACCURACY, QUALITY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION, AND THAT ONLY SPECIFIC REPRESENTATIONS AND WARRANTIES MADE IN A DEFINITIVE AGREEMENT (WHEN AND IF THE SAME IS FULLY EXECUTED AND DELIVERED) SHALL HAVE LEGAL EFFECT. WITHOUT LIMITING ANY OBLIGATION THAT GREEN CENTURY MAY EXPRESSLY UNDERTAKE IN A DEFINITIVE AGREEMENT IN RESPECT OF ANY KINDTHE POSSIBLE TRANSACTION, WHETHER EXPRESS, IMPLIED NEITHER GREEN CENTURY NOR ITS AFFILIATES OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND REPRESENTATIVES SHALL BE LIABLE TO PROSPECTIVE NON-INFRINGEMENT. OP PARTICIPANT OR ANY OTHER PERSONS IN ADDITIONCONTRACT, SURF DOES NOT REPRESENT TORT, SECURITIES LAWS OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN OTHERWISE AS A RESULT OF THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYSCONFIDENTIAL INFORMATION, OR PROBLEMSERRORS THEREIN OR OMISSIONS THEREFROM, BY PROSPECTIVE NON-OP PARTICIPANT, EXCEPT TO THE EXTENT SUCH LIABILITY ARISES FROM THE BREACH OF CONTRACTUAL OBLIGATIONS, GROSS NEGLIGENCE OR DAMAGES RELATING THERETO)WILLFUL MISCONDUCT OF GREEN CENTURY, ITS AFFILIATES OR REPRESENTATIVES. WHILE SURF ATTEMPTS TO MAKE USE OF PROSPECTIVE NON-OP PARTICIPANT AGREES THAT NEITHER PROSPECTIVE NON-OP PARTICIPANT NOR ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT AFFILIATES AND/OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES REPRESENTATIVES SHALL RELY UPON THE ENTIRE RISK CONFIDENTIAL INFORMATION WITHOUT SATISFYING ITSELF AS TO THE QUALITY ITS ACCURACY AND PERFORMANCE OF THE PLATFORM COMPLETENESS AND SURF EQUIPMENT, AND ALL CONTENT THEREONTHAT PROSPECTIVE NON-OP PARTICIPANT SHALL MAKE INDEPENDENT VERIFICATION THEREOF.

Warranty Disclaimer. THE PLATFORM SITE AND SURF EQUIPMENTALL 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 WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL CONTENT THEREIN REPRESENTATIONS AND THEREONWARRANTIES, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY WARRANTY OF DESIGNREPRESENTATION OR DESCRIPTION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT TURNITIN, TITLE ITS AFFILIATES, VENDORS AND NON-INFRINGEMENT. IN ADDITION, SURF LICENSORS DOES NOT REPRESENT OPERATE OR WARRANT CONTROL THE INTERNET AND THAT: (AI) THE PLATFORM OR SURF EQUIPMENTVIRUSES, WORMS, TROJAN HORSES, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OTHER UNDESIRABLE DATA OR ERROR-FREESOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE USER'S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMSNETWORKS. TURNITIN, INCLUDING INHERENT IN THE USE OF THE INTERNET ITS AFFILIATES, VENDORS AND ELECTRONIC COMMUNICATIONSLICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. Turnitin is not obligated to, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSmonitor or review any areas of the Site where user Communications may be made available, DELAYSincluding, OR PROBLEMSbut not limited to, OR DAMAGES RELATING THERETO)chat rooms, bulletin boards, and other user forums. WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFECommunications submitted by users do not necessarily represent the view or opinions of Xxxxxxxx. 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, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTSwhether or not arising under the laws of copyright, SERVICESdefamation, ANY CONTENT THEREONprivacy, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSobscenity, or otherwise. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENTTurnitin retains the right to remove, AND ALL CONTENT THEREONin 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 PLATFORM SITE AND SURF EQUIPMENTALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". IPARADIGMS, 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. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL CONTENT THEREIN REPRESENTATIONS AND THEREONWARRANTIES, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY WARRANTY OF DESIGNREPRESENTATION OR DESCRIPTION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT IPARADIGMS, TITLE ITS AFFILIATES, VENDORS AND NON-INFRINGEMENT. IN ADDITION, SURF LICENSORS DOES NOT REPRESENT OPERATE OR WARRANT CONTROL THE INTERNET AND THAT: (AI) THE PLATFORM OR SURF EQUIPMENTVIRUSES, WORMS, TROJAN HORSES, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OTHER UNDESIRABLE DATA OR ERROR-FREESOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE USER'S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMSNETWORKS. IPARADIGMS, INCLUDING INHERENT IN THE USE OF THE INTERNET ITS AFFILIATES, VENDORS AND ELECTRONIC COMMUNICATIONSLICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSmonitor or review any areas of the Site where user Communications may be made available, DELAYSincluding, OR PROBLEMSbut not limited to, OR DAMAGES RELATING THERETO)chat rooms, bulletin boards, and other user forums. WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFECommunications submitted by users do not necessarily represent the view or opinions of iParadigms. iParadigms does not preview user Communications before they appear on the Site. iParadigms will have no liability related to the content of any such Communications, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTSwhether or not arising under the laws of copyright, SERVICESdefamation, ANY CONTENT THEREONprivacy, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSobscenity, or otherwise. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENTiParadigms retains the right to remove, AND ALL CONTENT THEREONin 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. iParadigms 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. iParadigms 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. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE PLATFORM MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND SURF EQUIPMENTCONDITIONS, AND ALL CONTENT THEREIN AND THEREONEXPRESS OR IMPLIED, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL INCLUDING WITHOUT LIMITATION ANY TERMS, REPRESENTATIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN ADDITIONWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SURF DOES WE CANNOT AND DO NOT REPRESENT REPRESENT, WARRANT OR WARRANT COVENANT THAT: (A) ANY OF THE PLATFORM PRODUCTS WILL MEET YOUR BUSINESS OR SURF EQUIPMENT, OTHER REQUIREMENTS; (B) THE PRODUCTS WILL OPERATE OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR BE PROVIDED WITHOUT INTERRUPTION; (C) THE PRODUCTS WILL BE ERROR-FREE; , VIRUS-FREE OR (B) THAT THE PLATFORM RESULTS OBTAINED FROM THEIR USE WILL MEET BE ACCURATE, RELIABLE OR CURRENT (D) ANY AVAILABILITY ERRORS IN THE PRODUCTS CAN BE CORRECTED OR UPTIME COMMITMENTS FOUND IN ORDER TO BE CORRECTED. MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (THE PLATFORMCONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSMAKE NO REPRESENTATION, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSWARRANTY WITH RESPECT TO, AND SURF IS NOT LIABLE FOR ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS NON-GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES INCLUDING BUT NOT LIMITED TO WIRELESS SERVICES, ANY CONTENT THEREONMAPPING SERVICES, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY POSTED ROAD SPEED SERVICES, INTERNET BANDWIDTH AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONCLOUD STORAGE.

Warranty Disclaimer. THE PLATFORM EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.1 (GENERAL WARRANTIES ) AND SURF EQUIPMENT14.2 (VIRUS WARRANTY), ALL SOFTWARE, SUPPORT AND ALL CONTENT THEREIN MAINTENANCE AND THEREON, ANY ADDITIONAL SERVICES ARE PROVIDED ON AN “AS IS,” BASIS. SURF HEREBY DISCLAIMS AND PERFANA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY WARRANTY OF DESIGNNON- INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PERFANA WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND NON-INFRINGEMENTELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PERFANA. IN ADDITIONTO THE MAXIMUM EXTENT PERMITTED BY LAW, SURF DOES NOT REPRESENT NEITHER PERFANA NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR WARRANT GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM OR SURF EQUIPMENTUSE OF ANY SOFTWARE WILL BE SECURE, OR ALL CONTENT THEREIN AND THEREONTIMELY, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT UNINTERRUPTED OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.;

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENTEXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN: (I) LICENSOR, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE LICENSED PROGRAMS. (II) LICENSEE’S USE OF ALL CONTENT THEREIN SUCH PROGRAMS ARE AT LICENSEE’S AND THEREON, ARE PROVIDED CUSTOMERS’ OWN RISK. (III) LICENSOR PROVIDES THE LICENSED PROGRAMS ON AN “AS IS” BASISBASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” (IV) LICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, OR PROCESSED BY, THE LICENSED PROGRAMS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND(V) TO THE EXTENT PERMITTED UNDER LAW, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, LICENSOR EXCLUDES ANY IMPLIED WARRANTIES OF WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE DATA ACCURACY, AND NON-INFRINGEMENT. IN ADDITION(VI) NO GUARANTEE OF UNINTERRUPTED, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTTIMELY, OR ALL CONTENT THEREIN AND THEREONSECURE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; FREE OPERATION IS MADE. (VII) LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR (B) THAT PERFORMANCE THE PLATFORM WILL MEET ANY AVAILABILITY SOFTWARE AND/OR UPTIME COMMITMENTS (THE PLATFORMACCOMPANYING MATERIALS, AND ALL CONTENT THEREON, MAY BE SUBJECT NOT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT USE THE SOFTWARE IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONA PRODUCTION ENVIRONMENT.

Warranty Disclaimer. SNOVASYS MAKES NO REPRESENTATION OR WARRANTY THAT SNOVASYS, THE PLATFORM SAAS, THE BUNDLED SERVICES, OR REFERRED THIRD- PARTY CONSULTANTS SHALL PERFORM ACCURATELY OR RELIABLY, THAT ANY INFORMATION DELIVERED TO CLIENT, USERS, OR TO THIRD PARTIES ON CLIENT’S BEHALF, BY OR THROUGH SNOVASYS OR THE SAAS WILL BE CORRECT OR COMPLETE, OR THAT USE OF THE SAAS WILL OBTAIN ANY CERTAIN RESULTS. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 10, SNOVASYS DISCLAIMS ANY ANDALL REPRESENTATIONS AND SURF EQUIPMENTWARRANTIES, AND ALL CONTENT THEREIN AND THEREONEXPRESS OR IMPLIED, ARE PROVIDED ON AN “AS IS” BASISBY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO SNOVASYS, THE SAAS, BUNDLED SERVICES, REFERRED THIRD-PARTY CONSULTANTS, OR ANY OTHER SERVICES, PRODUCTS OR SERVICES DELIVERED UNDER THIS AGREEMENT. SURF HEREBY SNOVASYS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED MERCHANTABILITY OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (IRRESPECTIVE OF ANY PREVIOUS COURSE OF DEALING BETWEEN THE PARTIES OR CUSTOM OR USAGE OF TRADE), TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT THAT SNOVASYS OR ERROR-THE SAAS WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.

Warranty Disclaimer. TO THE PLATFORM AND SURF EQUIPMENTFULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND ALL CONTENT THEREIN AND THEREONEXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DYNATRACE DISCLAIMS ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, TITLE AND NON-INFRINGEMENT. IN ADDITIONWITHOUT LIMITING THE FOREGOING, SURF DYNATRACE DOES NOT REPRESENT WARRANT THAT THE DYNATRACE OFFERINGS OR WARRANT THATRESULTS OF THE USE THEREOF WILL: (A) THE PLATFORM OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR SURF EQUIPMENTDATA; (B) MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) BE UNINTERRUPTED, ERROR-FREE OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERRORVIRUS-FREE; (D) IDENTIFY, BLOCK, OR REMEDIATE ALL SECURITY VULNERABILTIES, THREATS, OR ATTACKS; OR (BE) THAT RENDER THE PLATFORM WILL MEET CUSTOMER ENVIRONMENT INVULNERABLE TO UNAUTHORISED ACCESS AND/OR THIRD-PARTY INTERFERENCE. IN ADDITION, DYNATRACE MAKES NO WARRANTY ABOUT ANY AVAILABILITY THIRD-PARTY PRODUCTS OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONCONTENT.

Warranty Disclaimer. Section 9 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below. YOU AGREE NOT TO RELY ON THE PLATFORM SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS ISAVAILABLE” BASIS. SURF HEREBY TOVBAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY CAMBODIAN LAWS, TOVBAN DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS ON, AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORYFOR, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN(A) EXISTENCE, ANY IMPLIED WARRANTIES OF MERCHANTABILITYCONDUCT, PERFORMANCE QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSEANY CLIENT, TITLE AND NON-INFRINGEMENT. IN ADDITIONFREELANCER, SURF DOES NOT REPRESENT USER OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTTHIRD PARTY, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY NON- INTERRUPTION OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM SITE, (C) THAT ANY VERFICATION, IDENTITY OR BACKGROUND CHECKS CONDUCTED BY US ARE PURELY ADMINISTRATIVE PURPOSES AND SURF EQUIPMENTDO NOT GUARATNEE PAST OR FUTURE MISCONDUCTS OF VERIFIED USERS, AND ALL CONTENT THEREON(D) LIABILITY FOR ACTS OR OMISSION OF ANY USER OR THIRD PARTY. SECTION 13 (AGREEMENT TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST TOVBAN WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES ARE PROVIDED ON AN “AS IS.” BASISNEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. SURF HEREBY SCHOLASTIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, 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 ANY KINDDELIVERABLES PROVIDED BY SCHOLASTIC HEREUNDER. SCHOLASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, WHETHER EXPRESSACCURACY, IMPLIED RELIABILITY, OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. SCHOLASTIC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY SCHOLASTIC OR A SCHOLASTIC- AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF DESIGNHEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF SCHOLASTIC DOES NOT REPRESENT OR WARRANT THAT: (A) THAT THE PLATFORM OR SURF EQUIPMENTOPERATION OF THE SERVICES WILL BE UNINTERRUPTED, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT VIRUS-FREE OR ERROR-FREE; OR (B) THAT . FURTHER, SCHOLASTIC MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMPROVISION OF SERVICES TO CUSTOMER, AND ALL CONTENT THEREON, MAY SCHOLASTIC SHALL NOT BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT HELD LIABLE FOR ANY DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTHIRD PARTIES.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE PLATFORM AGREEMENT, BLUIP AND SURF EQUIPMENTBLUIP ON BEHALF OF ITS RELATED PARTIES THIRD PARTY CARRIERS AND OTHER SUPPLIERS, DISCLAIMS ALL WARRANTIES. THE SERVICES, BLUIP COMMUNICATIONS SERVICE, SOFTWARE, INITIAL SERVICE ITEMS, PROFESSIONAL SERVICES AND ALL CONTENT THEREIN AND THEREON, EQUIPMENT ARE PROVIDED TO CUSTOMER ON AN “"AS IS" ‘WHERE IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KINDKIND EITHER EXPRESS OR IMPLIED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TOTO THOSE RELATED TO ACCURACY, ANY WARRANTY OF DESIGNDURABILITY, ANY IMPLIED OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTTITLE, NON- INFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING, CUSTOM USAGE OF TRADE OR PRIOR DEALING. IN ADDITIONBLUIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATETIMELY, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; . CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR (B) THAT ADVICE GIVEN OR PROVIDED BY BLUIP, OR BLUIP’S RELATED PARTIES, SHALL NOT BE DEEMED TO CREATE OR IN ANY WAY, INCREASE THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (SCOPE OF THE PLATFORMWARRANTIES SET FORTH HEREIN, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS THAT CUSTOMER SHALL NOT LIABLE FOR RELY ON ANY SUCH LIMITATIONS, DELAYS, INFORMATION OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONADVICE.

Warranty Disclaimer. QUORUM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE PLATFORM RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE QUORUM ANALYTICS SYSTEM OR ANY DERIVED ANALYTICS. QUORUM AND SURF EQUIPMENTITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE QUORUM ANALYTICS SYSTEM WILL BE SECURE, AND ALL CONTENT THEREIN AND THEREONTIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE QUORUM ANALYTICS SYSTEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE QUORUM ANALYTICS SYSTEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SYSTEM OR THE SERVER(S) THAT MAKE THE QUORUM ANALYTICS SYSTEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE QUORUM ANALYTICS SYSTEM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDCONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY, OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNWITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OR NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS HEREBY DISCLAIMED TO THE QUALITY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY QUORUM AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONITS LICENSORS.

Warranty Disclaimer. EXCEPT FOR THE PLATFORM AND SURF EQUIPMENTWARRANTY OF TITLE AS SET FORTH BELOW, AND ALL CONTENT THEREIN AND THEREON, THE ITEMS ARE PROVIDED ON AN "AS IS" AND “AS WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND PATENT. SURF HEREBY DISCLAIMS . ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORYARE DISCLAIMED BY TEXAS INSTRUMENTS AND DO NOT APPLY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY TO THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITION, SURF TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT REPRESENT CONVEY TO RECIPIENT ANY LICENSE OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTSUBLICENSE UNDER ANY PATENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOPYRIGHT, OR OTHER PROBLEMSINTELLECTUAL PROPERTY RIGHT, EITHER EXPRESS OR IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE ITEMS PURCHASED HEREUNDER, INCLUDING INHERENT IN WITHOUT LIMITATION: (i) THE USE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF THE INTERNET AND ELECTRONIC COMMUNICATIONSITEMS, AND SURF IS NOT LIABLE (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE ITEMS FOR ANY SUCH LIMITATIONSPARTICULAR PURPOSE. TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS PRODUCTS OWN ASSESSMENT AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE EVALUATION OF THE PLATFORM ITEMS FOR SUCH PURPOSES AND SURF EQUIPMENTIS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, AND ALL CONTENT THEREON.AFFILIATES, REPRESENTATIVES OR AGENTS. Texas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, Texas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient. 1

Warranty Disclaimer. 24.1. NEITHER FIRST TECHNOLOGY, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE PLATFORM FIRST TECHNOLOGY SITE, THE MARKETPLACE PROGRAM, ANY PARTNER TOOL, SERVICES PROVIDED BY FIRST TECHNOLOGY OR ANY SERVICE PROVIDER, OR SOFTWARE USED TO PROVIDE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, AND SURF EQUIPMENTSELLER AGREES THAT FIRST TECHNOLOGY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, INCLUDING WITHOUT LIMITATION, SYSTEM OR SOFTWARE FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. NEITHER FIRST TECHNOLOGY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO SELLER WITH RESPECT TO THE SALE OF SELLER’S PRODUCTS THROUGH THE MAKRO SITE PURSUANT TO THIS AGREEMENT, AND ALL CONTENT THEREIN AND THEREON, SUCH SERVICES PROVIDED BY FIRST TECHNOLOGY ARE PROVIDED ON AN “AS-IS” AND “AS ISAVAILABLE” BASIS. SURF HEREBY DISCLAIMS FIRST TECHNOLOGY AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTINFRINGEMENT OF PROPRIETARY RIGHTS AND THOSE IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE 25. LIMITATION OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.LIABILITY No Consequential Damages

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE PLATFORM AGREEMENT, BLUIP AND SURF EQUIPMENTBLUIP ON BEHALF OF ITS RELATED PARTIES THIRD PARTY CARRIERS AND OTHER SUPPLIERS, DISCLAIMS ALL WARRANTIES. THE SERVICES, BLUIP COMMUNICATIONS SERVICE, SOFTWARE, INITIAL SERVICE ITEMS, PROFESSIONAL SERVICES AND ALL CONTENT THEREIN AND THEREON, EQUIPMENT ARE PROVIDED TO CUSTOMER ON AN “"AS IS" ‘WHERE IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KINDKIND EITHER EXPRESS OR IMPLIED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TOTO THOSE RELATED TO ACCURACY, ANY WARRANTY OF DESIGNDURABILITY, ANY IMPLIED OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, NON-INFRINGEMENTINFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING, CUSTOM USAGE OF TRADE OR PRIOR DEALING. IN ADDITIONBLUIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATETIMELY, COMPLETE, RELIABLEOR ERROR- FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR ADVICE GIVEN OR PROVIDED BY BLUIP, CURRENT OR ERROR-FREE; BLUIP’S RELATED PARTIES, SHALL NOT BE DEEMED TO CREATE OR (B) THAT IN ANY WAY, INCREASE THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (SCOPE OF THE PLATFORMWARRANTIES SET FORTH HEREIN, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS THAT CUSTOMER SHALL NOT LIABLE FOR RELY ON ANY SUCH LIMITATIONS, DELAYS, INFORMATION OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONADVICE.

Warranty Disclaimer. Waterford makes no warranty concerning the Subscription Service, Products and Services. ACCORDINGLY, THE PLATFORM SUBSCRIPTION SERVICE, PRODUCTS, Services AND SURF EQUIPMENTALL DATA, MATERIALS, AND ALL CONTENT THEREIN AND THEREON, DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY WATERFORD ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WATERFORD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED BY OPERATION OF LAW, STATUTE, OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR REGARDING THE ACCURACY OR EFFICACY OF THE PRODUCTS AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTSERVICES, OR ALL CONTENT THEREIN AND THEREONARISING FROM COURSE OF DEALING, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOURSE OF PERFORMANCE, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY PERSON OR ENTITY THAT CONTRADICT THE INTERNET TERMS OF THIS THIS SECTION ARE VOID. CUSTOMER AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE USERS ASSUME ALL RISK AS TO THE QUALITY QUALITY, FUNCTION, PERFORMANCE, AND PERFORMANCE ACCURACY OF THE PLATFORM SUBSCRIPTION SERVICE, PRODUCTS AND SURF EQUIPMENTSERVICES. WATERFORD DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICE, AND ALL CONTENT THEREONPRODUCTS OR SERVICES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE.

Warranty Disclaimer. EXCEPT FOR THE PLATFORM EXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 13.1 AND SURF EQUIPMENT13.2, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DYNATRACE DISCLAIMS ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DYNATRACE DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM USE OF ANY DYNATRACE PRODUCT OR SURF EQUIPMENTDELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, CURRENT OR ERROR-FREE; OR (BD) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS- FREE, OR THAT THE PLATFORM ERRORS OR DEFECTS THEREIN WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, BE CORRECTED. DYNATRACE OFFERINGS MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR AND OTHER PROBLEMS, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF . DYNATRACE IS NOT LIABLE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMSDELIVERY FAILURES, OR OTHER DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONRESULTING FROM SUCH PROBLEMS.

Warranty Disclaimer. IF THE PLATFORM AND SURF EQUIPMENTUSER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, AND ALL CONTENT THEREIN AND THEREON, ARE THE FOLLOWING PROVISION APPLIES TO SUCH USER: THE GAME IS PROVIDED ON AN “AS IS” AS-IS AND AS-AVAILABLE BASIS. SURF HEREBY THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER: THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORYIN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, AND NON-INFRINGEMENT. IN ADDITIONTHE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, SURF DOES NOT REPRESENT THE GAME CONTENT, OR WARRANT THAT: THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) THE PLATFORM OR SURF EQUIPMENTERRORS, MISTAKES, OR ALL INACCURACIES OF CONTENT THEREIN AND THEREONMATERIALS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, USER’S ACCESS TO AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.GAME,

Warranty Disclaimer. INGENUITY AND ITS SUPPLIERS PROVIDE THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN LICENSED MATERIALS “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDAND MAKE NO WARRANTY, WHETHER EXPRESS, IMPLIED OR IMPLIED, STATUTORY, INCLUDINGOR ARISING FROM COURSE OF PERFORMANCE, BUT NOT LIMITED TODEALING, USAGE OR TRADE, WITH RESPECT TO LICENSED MATERIALS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF DESIGNTITLE, ANY IMPLIED WARRANTIES OF AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITIONNEITHER INGENUITY NOR ANY OF ITS SUPPLIERS WARRANT THAT THE LICENSED MATERIALS OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTTIMELY, OR ALL CONTENT THEREIN AND THEREONAVAILABLE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT SECURE OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. YOU HEREBY ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND INGENUITY DOES NOT AND CANNOT GUARANTEE THAT BIOLOGICAL DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE LICENSED MATERIALS MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING BIOLOGICAL DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT INGENUITY DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (BII) THAT UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE PLATFORM WILL MEET ANY AVAILABILITY LICENSED MATERIALS AND/OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY YOUR BIOLOGICAL DATA. INGENUITY SHALL NOT BE SUBJECT TO LIMITATIONS, DELAYS, RESPONSIBLE OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO)ACTIVITIES. WHILE SURF ATTEMPTS TO MAKE USE YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF ITS PRODUCTS YOUR INFORMATION AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONSYSTEMS.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENTEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN Article 6, AND ALL CNS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SITES, PRODUCTS, SERVICES, TECHNOLOGY OR CONTENT THEREIN AND THEREONPROVIDED HEREUNDER, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL INCLUDING WITHOUT LIMITATION, WARRANTIES OF ANY KINDFITNESS, WHETHER EXPRESSMERCHANTABILITY, IMPLIED NON-INFRINGEMENT, TITLE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES ARISING OUT OF MERCHANTABILITYTHE COURSE OF PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTDEALING OR TRADE USAGE. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) CNS MAKES NO REPRESENTATION THAT THE PLATFORM WILL MEET ANY AVAILABILITY OPERATION OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSANY SITES, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY TECHNOLOGY OR CONTENT THEREONPROVIDED HEREUNDER WILL COMPLY WITH APPLICABLE GOVERNMENT CODES OR LAW, OR SERVERS ARE FREE WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, AND CNS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF VIRUSES ANY INTERRUPTIONS, ERRORS, OR BREACHES OF SECURITY. CNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY SOFTWARE, TOOLS, HARDWARE, OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES MATERIALS OR CONTENT WHICH MAY BE USED OR PROVIDED BY CNS IN THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SERVICES HEREUNDER. THE PLATFORM CUSTOMER ACKNOWLEDGES THAT CNS HAS ENTERED INTO THIS AGREEMENT AND SURF EQUIPMENTHAS SET ALL APPLICABLE COMPENSATION TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND ALL CONTENT THEREONTHAT THE SAME FORM IS THE ESSENTIAL BASIS OF THE BARGAIN.

Warranty Disclaimer. THE PLATFORM SITE AND SURF EQUIPMENTALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". IPARADIGMS, 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. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL CONTENT THEREIN REPRESENTATIONS AND THEREONWARRANTIES, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY WARRANTY OF DESIGNREPRESENTATION OR DESCRIPTION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT IPARADIGMS, TITLE ITS AFFILIATES, VENDORS AND NON-INFRINGEMENT. IN ADDITION, SURF LICENSORS DOES NOT REPRESENT OPERATE OR WARRANT CONTROL THE INTERNET AND THAT: (AI) THE PLATFORM OR SURF EQUIPMENTVIRUSES, WORMS, TROJAN HORSES, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OTHER UNDESIRABLE DATA OR ERROR-FREESOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE USER'S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMSNETWORKS. IPARADIGMS, INCLUDING INHERENT IN THE USE OF THE INTERNET ITS AFFILIATES, VENDORS AND ELECTRONIC COMMUNICATIONSLICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSmonitor or review any areas of the Site where user Communications may be made available, DELAYSincluding, OR PROBLEMSbut not limited to, OR DAMAGES RELATING THERETO)chat rooms, bulletin boards, and other user forums. WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFECommunications submitted by users do not necessarily represent the view or opinions of iParadigms.iParadigms does not preview user Communications before they appear on the Site. iParadigms will have no liability related to the content of any such Communications, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTSwhether or not arising under the laws of copyright, SERVICESdefamation, ANY CONTENT THEREONprivacy, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSobscenity, or otherwise. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENTiParadigms retains the right to remove, AND ALL CONTENT THEREONin 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. iParadigms 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. iParadigms 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. 6.1. COMPANY AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE PLATFORM PLATFORM, OR THAT THE CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY OFFER ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, CONTENT, OR SERVICES. COMPANY AND SURF EQUIPMENTITS SUPPLIERS AND LICENSORS CANNOT BE HELD RESPONSIBLE FOR ANY ACTIONS TAKEN BY THE CUSTOMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, AND ALL CONTENT THEREIN AND THEREONTHE PLATFORM, CONTENT, OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SURF AND COMPANY AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIMS DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, IMPLIED STATUTORY OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITIONINFRINGEMENT AND TITLE, SURF DOES NOT REPRESENT QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR WARRANT THAT: ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS (A) THE PLATFORM WHETHER LATENT OR SURF EQUIPMENTPATENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE , OR ALL CONTENT THEREIN AND THEREON, TRADE PRACTICE. THE EXPRESS WARRANTIES MADE IN THIS SECTION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT FOR THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE BENEFIT OF THE INTERNET CUSTOMER ONLY AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR THE BENEFIT OF ANY END USER OR ANY OTHER THIRD PARTY. NO WARRANTIES OF ANY KIND WHATSOEVER ARE MADE FOR CUSTOMER’S BENEFIT FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONPILOT USE.

Warranty Disclaimer. 9.1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM SOFTWARE, RELATED SERVICES AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS”. SURF HEREBY TO THE EXTENT PERMITTED BY APPLICABLE LAW. LICENSOR, FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS, EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES, BE THEY EXPRESS OR IMPLIED BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND WITHOUT LIMITATION, ON ITS OWN BEHALF AND THAT OF ITS SUPPLIERS, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY AND ANY WARRANTIES RELATING TO NON- INTERRUPTION OF USE OR FREEDOM FROM ERRORS, TITLE AND NON-INFRINGEMENTVIRUSES OR BUGS. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF NO PERSON IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS AUTHORIZED TO MAKE USE ANY WARRANTY OR REPRESENTATION ON BEHALF OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT LICENSOR CONCERNING THE SOFTWARE OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSTHE DOCUMENTATION. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF EXTENT AN IMPLIED TERM, CONDITION OR WARRANTY CANNOT BE EXCLUDED OR 10. Export DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONWARRANTY PERIOD.

Warranty Disclaimer. 2-1-1 SAN DIEGO IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR THE PLATFORM CONTENT, USE OR DISCLOSURE OF CLIENT DATA COLLECTED, STORED, ACCESSED, RETRIEVED OR TRANSMITTED THROUGH THE DATABASE TO OR FROM A PARTICIPANT. PARTICIPANT ACKNOWLEDGES THAT THE CLIENT DATA VIEWED OR ACCESSED THROUGH THE DATABASE IS EITHER SELF REPORTED BY THE CLIENT, OR COMES FROM ANOTHER PARTICIPANT AND SURF EQUIPMENTTHAT SUCH CLIENT DATA MAY NOT BE COMPLETE, ACCURATE OR UP-TO-DATE. PARTICIPANT AND ITS AUTHORIZED USERS ARE SOLELY RESPONSIBLE FOR CONFIRMING THE COMPLETENESS, ACCURACY AND TIMEFRAME OF ALL CLIENT DATA RETRIEVED FROM THE DATABASE, AND ALL CONTENT THEREIN FOR THE USE OR OMISSION OF SUCH CLIENT DATA IN CONNECTION WITH A CLIENT'S CARE OR COORDINATION OF CARE AND THEREONRELATED SERVICES. 2-1-1 SAN DIEGO WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE CLIENT DATA AVAILABLE TO THE PARTICIPANT IF, ARE PROVIDED ON AN WHEN, AND TO THE EXTENT THE DATABASE SOFTWARE IS ABLE TO MATCH UP THE RECORDS FOR SUCH CLIENT IN THE DATABASE OF OTHER PARTICIPANT(S) PARTICIPATING IN THE DATABASE AND TO NOTIFY PARTICIPANT(S) WHENEVER IT DISCOVERS DUPLICATE OR INAPPROPRIATELY LINKED CLIENT RECORDS. ACCESS TO THE DATABASE, THE DATABASE ITSELF, AND THE DATA VIEWED OR RETRIEVED THEREFROM IS LICENSED “AS IS” BASIS. SURF HEREBY AND “AS AVAILABLE.” 2-1-1 SAN DIEGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDKIND AS THEY MAY PERTAIN TO THE FUNCTIONALITY OF THE DATABASE OR THE ACCURACY, WHETHER EXPRESS, IMPLIED COMPLETENESS OR STATUTORY, TIMELINESS OF THE DATA INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNWITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.

Warranty Disclaimer. PAI AND ITS’ BANK SPONSOR, PROCESSORS AND NETWORKS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE PLATFORM AND SURF EQUIPMENTSERVICES, AND ALL CONTENT THEREIN AND THEREON, ARE THE DELIVERY SYSTEM OR RELATED COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORYTO ATM OWNER UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, TITLE EMPLOYEE, DISTRIBUTOR, REPRESENTATIVE OR DEALER OF PAI, ITS’ BANK SPONSOR, PROCESSOR OR NETWORK SHALL BE AUTHORIZED TO ENLARGE OR MODIFY SUCH WARRANTY. THE STATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PAI, PROCESSOR AND NON-INFRINGEMENT. NETWORK FOR DAMAGES ARISING OUT OF OR IN ADDITIONCONNECTION WITH THE DELIVERY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTUSE, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM SERVICES SYSTEM. THE COMPANY UNDERSTANDS AND SURF EQUIPMENTAGREES THAT IT IS SOLELY RESPONSIBLE FOR THE DEPLOYMENT OF THE ATM AND ASSOCIATED ATM EQUIPMENT AND MEETING ALL CURRENT NETWORK, GOVERNMENTAL AND ALL CONTENT THEREONREGULATORY STANDARDS TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PAI, ITS BANK SPONSOR, PROCESSOR OR NETWORK BE LIABLE, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, FOR ANY LOST PROFITS, LOSS OF BUSINESS, REVENUES OR FOR OTHER SPECIAL DAMAGES SUFFERED BY ATM OWNER, ITS CUSTOMERS OR OTHERS, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ATM OWNER’S INABILITY TO USE THE SERVICES SYSTEM OR LOSS OF DATA, EVEN IF THE BANK SPONSOR, NETWORK, PROCESSOR, PAI, OR THEIR AUTHORIZED AGENTS, EMPLOYEES, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY AGREES THAT XXX IS NOT RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME. THE CUMULATIVE LIABILITY OF PAI, IT’S BANK SPONSOR, PROCESSOR AND NETWORK UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEE INCOME EARNED BY ATM OWNER IN THE PREVIOUS TWELVE (12) MONTHS. ATM OWNER AGREES THAT XXX IS NOT RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME.

Warranty Disclaimer. LESSEE ACKNOWLEDGES AND AGREES THAT: (a) THE PLATFORM AND SURF EQUIPMENTEQUIPMENT IS OF A SIZE, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, CAPACITY AND MANUFACTURE SELECTED BY LESSEE; (b) LESSEE IS SATISFIED THAT THE SAME IS SUITABLE FOR ITS PURPOSES; (c) NEITHER AGENT NOR ANY IMPLIED WARRANTIES LESSOR IS A MANUFACTURER THEREOF OR A DEALER IN PROPERTY OF SUCH KIND; AND (d) NEITHER AGENT NOR ANY LESSOR HAS MADE OR SHALL BE DEEMED TO HAVE MADE: (i) ANY REPRESENTATION OR WARRANTY OR COVENANT WITH RESPECT TO THE TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE CONDITION, QUALITY, DESCRIPTION, DURABILITY OR SUITABILITY OF ANY ITEM OF EQUIPMENT IN ANY RESPECT OR IN CONNECTION WITH OR FOR THE PURPOSES AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREEUSES OF LESSEE; OR (Bii) ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ITEM OF EQUIPMENT, EXCEPT THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE EACH OF THE INTERNET LESSORS REPRESENTS AND ELECTRONIC COMMUNICATIONSWARRANTS, SEVERALLY AND SURF IS NOT LIABLE FOR ANY JOINTLY, THAT ON EACH DELIVERY DATE IT SHALL HAVE RECEIVED AN UNDIVIDED INTEREST IN WHATEVER TITLE WAS CONVEYED BY THE MANUFACTURERS OF THE EQUIPMENT DELIVERED ON SUCH LIMITATIONSDELIVERY DATE BY SUCH MANUFACTURERS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS LESSOR LIENS CREATED BY SUCH LESSOR EXCEPT FOR PERMITTED LESSOR LIENS AND LIENS CREATED PURSUANT TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONOPERATIVE AGREEMENTS.

Warranty Disclaimer. TO THE PLATFORM AND SURF EQUIPMENTFULLEST EXTENT ALLOWED BY LAW, THE SITE, AND ALL CAPABL CONTENT THEREIN AND THEREONCONTAINED ON OR OBTAINED THROUGH THE SITE, ARE IS PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR STATUTORYCONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, FUNCTIONALITY, APPROPRIATENESS, SECURITY OR OTHERWISE OF THE SITE OR THE CONTENT ON THE SITE; AND (iii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. CAPABL HAS NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY CONTENT ON THE SITE. Limited Liability TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL CAPABL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “CAPABL GROUP”), BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, OR ANY WARRANTY OTHER DAMAGES ARISING IN ANY WAY OUT OF DESIGNTHE AVAILABILITY, ANY IMPLIED WARRANTIES USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF CAPABL HAS BEEN ADVISED OF MERCHANTABILITYTHE POSSIBILITY OF SUCH DAMAGES, FITNESS FOR AND REGARDLESS OF THE FORM OF ACTION. IF A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF JURISDICTION DOES NOT REPRESENT ALLOW THE EXCLUSION OR WARRANT THAT: (A) LIMITATION OF LIABILITY SET FORTH HEREIN, IN WHOLE OR IN PART, THE PLATFORM CAPABL GROUP’S LIABILITY IN SUCH JURISDICTION IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF YOU BECOME ENTITLED TO ANY RECOVERY, YOU AGREE THAT YOUR RECOVERY IS LIMITED TO THE AMOUNT PAID BY YOU TO USE THE SITE OR SURF EQUIPMENT$100 USD, WHICHEVER IS LESS. ANY CLAIM OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT CAUSE OF ACTION ARISING OUT OF OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT RELATED TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE YOUR USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SITE OR THESE POLICIES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH LIMITATIONS, DELAYS, CLAIM OR PROBLEMS, CAUSE OF ACTION AROSE OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONBE FOREVER BARRED.

Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 14 (a) ABOVE, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES (INCLUDING THE REPORTS) ARE PROVIDED ON AN “"AS IS” " AND "AS AVAILABLE" BASIS. SURF HEREBY TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENTINFRINGEMENT AND TITLE. IN ADDITIONNO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY COMMONWEALTH OF VIRGINIA LAW. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE INSTITUTION’S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NETWORKS. TURNITIN SHALL NOT LIABLE BE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONACTIVITIES.

Warranty Disclaimer. EXCEPT FOR THE PLATFORM EXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 12.1 AND SURF EQUIPMENT12.2, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DYNATRACE DISCLAIMS ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DYNATRACE DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM USE OF ANY DYNATRACE PRODUCT OR SURF EQUIPMENTDELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE, CURRENT OR ERROR-FREE; OR (BD) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR THAT THE PLATFORM ERRORS OR DEFECTS THEREIN WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, BE CORRECTED. DYNATRACE OFFERINGS MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR AND OTHER PROBLEMS, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. IN THE EVENT OF A BREACH OF WARRANTY, THE U.S. GOVERNMENT RESERVES ALL RIGHTS AND REMEDIES UNDER THE CONTRACT, THE FEDERAL ACQUISITION REGULATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSTHE CONTRACT DISPUTES ACT, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON41 U.S.C. 7101-7109.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND IN THE PLATFORM AND SURF EQUIPMENTSLA, AND ALL CONTENT THEREIN AND THEREON, THE GREENHOUSE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND, AND GREENHOUSE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED, STATUTORY, INCLUDINGOR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE GREENHOUSE SERVICES, INCLUDING THEIR CONDITION, CONFORMITY TO ANY WARRANTY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF DESIGN, ANY LATENT OR PATENT DEFECTS. GREENHOUSE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE AND NON-INFRINGEMENTALL OTHER IMPLIED OR STATUTORY WARRANTIES, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE. IN ADDITION, SURF GREENHOUSE DOES NOT REPRESENT OR WARRANT THAT: (A) THAT THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR GREENHOUSE SERVICES WILL BE ERROR-FREE; , ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR (B) WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES OR THAT THE PLATFORM GREENHOUSE SERVICES WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONWORK WITHOUT INTERRUPTIONS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND SURF EQUIPMENTEVALUATION MATERIALS, ANY CONFIDENTIAL INFORMATION PROVIDED BY EITHER PARTY UNDER THESE EVALUATION TERMS, AND ALL CONTENT THEREIN AND THEREON, FEEDBACK ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES , WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND, AND EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) IN CONNECTION WITH THESE EVALUATION TERMS, WHETHER EXPRESSALLEGED TO ARISE BY OPERATION OF LAW, IMPLIED BY REASON OF CUSTOM OR STATUTORYUSAGE IN THE TRADE, INCLUDINGBY COURSE OF DEALING OR OTHERWISE, BUT NOT LIMITED TO, INCLUDING ANY WARRANTY OF DESIGN, ANY IMPLIED AND ALL (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT SUCH PARTY KNOWS, FITNESS FOR A PARTICULAR HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT ); (III) WARRANTIES AS TO ANY OPERATION BEING UNINTERRUPTED OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-ERROR FREE; AND (IV) WARRANTIES OF NONINFRINGEMENT OR (B) THAT THE PLATFORM CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM A PARTY OR ELSEWHERE WILL MEET CREATE ANY AVAILABILITY WARRANTY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT CONDITION NOT EXPRESSLY STATED IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTHESE TERMS.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, WEB SITE AND ALL CONTENT THEREIN AND THEREON, ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED. Equity Resources, IMPLIED LLC and Parc Residential Properties MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEB SITE FOR ANY PURPOSE. Equity Resources, LLC and Parc Residential Properties DISCLAIMS ALL WARRANTIES, EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OR NON-INFRINGEMENT. IN ADDITIONEquity Resources, SURF LLC and Parc Residential Properties DOES NOT REPRESENT WARRANT THAT THE WEB SITE WILL OPERATE OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE; , OR (B) THAT THE PLATFORM WEB SITE OR HOST SERVER WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSCODE. CONTRACTOR ASSUMES Equity Resources, LLC and Parc Residential Properties MAKES NO WARRANTIES THAT THE ENTIRE RISK AS INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. TO THE PLATFORM MAXIMUM EXTENT PERMITTED BY LAW AND SURF EQUIPMENTEXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, MAGENTO PROVIDES THE MAGENTO EXTENSION ON AN "AS-IS" BASIS. MAGENTO, ITS AFFILIATES, AND ALL CONTENT THEREIN THIRD-PARTY PROVIDERS DISCLAIM AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDINGINCLUDING REPRESENTATIONS, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED GUARANTEES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, NON-INFRINGEMENT, OR ACCURACY. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: CUSTOMER ACKNOWLEDGES THAT (A) NEITHER MAGENTO, ITS AFFILIATES NOR ITS THIRD PARTY PROVIDERS CONTROLS CUSTOMER EQUIPMENT OR THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREETRANSFER OF DATA OVER COMMUNICATIONS FACILITIES (INCLUDING THE INTERNET); OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAGENTO EXTENSION MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, OR CANCELLATIONS, AND OTHER PROBLEMS, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET COMMUNICATIONS FACILITIES (INCLUDING SEARCH ENGINES AND ELECTRONIC COMMUNICATIONSSOCIAL MEDIA CHANNELS); AND (C) IT IS FULLY RESPONSIBLE TO INSTALL APPROPRIATE SECURITY UPDATES AND PATCHES. MAGENTO, ITS AFFILIATES, AND SURF IS ITS THIRD-PARTY PROVIDERS ARE NOT LIABLE RESPONSIBLE FOR ANY SUCH LIMITATIONSINTERRUPTIONS, DELAYS, OR PROBLEMSCANCELLATIONS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONDAMAGE RESULTING FROM THESE PROBLEMS.

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND SURF EQUIPMENTCISCO PATENT, CISCO TECHNOLOGY, AND ALL CONTENT THEREIN AND THEREON, INTERPHASE TECHNOLOGY ARE PROVIDED ON AN “LICENSED HEREUNDER "AS IS” BASIS" WITHOUT WARRANTY OF ANY KIND. SURF EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER CISCO NOR INTERPHASE MAKES ANY WARRANTY TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY OF THE FOREGOING OR ANY LICENSES OR SERVICES AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF CISCO DOES NOT REPRESENT WARRANT, GUARANTEE OR WARRANT THAT: (A) MAKE ANY REPRESENTATION REGARDING THE PLATFORM OR SURF EQUIPMENTUSE, OR ALL CONTENT THEREIN THE RESULTS OF THE USE, OF THE CISCO PATENT, CISCO TECHNOLOGY OR RELATED DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE AND THEREONINTERPHASE DOES NOT WARRANT, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT GUARANTEE OR ERROR-FREE; MAKE ANY REPRESENTATIONS REGARDING THE USE OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN RESULTS OF THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSINTERPHASE TECHNOLOGY OR RELATED DOCUMENTATION IN TERMS OF CORRECTNESS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSACCURACY, DELAYS, RELIABILITY OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONOTHERWISE.

Warranty Disclaimer. 7.1. ANY CONTENT, ACCESS TO RALLIO TECHNOLOGY PLATFORM ON THE PLATFORM RALLIO WEBSITE SERVICES AND SURF EQUIPMENTANY RESULTS PROVIDED WHEREFROM ARE PROVIDED TO YOU AS IS FOR YOUR INFORMATION AND USE ONLY AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF THE RESPECTIVE OWNERS. 7.2. YOU AGREE THAT YOUR USE OF THE RALLIO WEBSITE, RALLIO TECHNOLOGY PLATFORM, SERVICES AND CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RALLIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RALLIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OR THE CONTENT OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) SITES LINKED TO THE RALLIO TECHNOLOGY PLATFORM OR SURF EQUIPMENTRALLIO WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE RALLIO WEBSITE, RALLIO TECHNOLOGY PLATFORM OR CONTENT (III) ANY UNAUTHORIZED ACCESS TO OR USE OF RALLIO’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE RALLIO WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR ALL CONTENT THEREIN AND THEREONTHE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE RALLIO WEBSITE BY ANY THIRD PARTY, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; AND/OR (BV) THAT THE PLATFORM WILL MEET ANY AVAILABILITY ERRORS OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL OMISSIONS IN ANY CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN 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 INTERNET AND ELECTRONIC COMMUNICATIONSRALLIO WEBSITE. RALLIO DOES NOT WARRANT, AND SURF IS NOT LIABLE ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SUCH LIMITATIONS, DELAYS, PRODUCT OR PROBLEMS, SERVICE ADVERTISED OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND OFFERED BY A THIRD PARTY THROUGH THE RALLIO WEBSITE OR THROUGH ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONHYPERLINK.

Warranty Disclaimer. INGENUITY AND ITS SUPPLIERS PROVIDE THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN LICENSED MATERIALS “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDAND MAKE NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDINGWITH RESPECT TO LICENSED MATERIALS OR ANY PART THEREOF, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF DESIGNTITLE, ANY IMPLIED WARRANTIES OF AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTNONINFRINGEMENT, OR ALL CONTENT THEREIN AND THEREONARISING FROM COURSE OF PERFORMANCE, ARE ACCURATEDEALING, COMPLETEUSAGE OR TRADE. NEITHER INGENUITY NOR ANY OF ITS SUPPLIERS WARRANT THAT THE LICENSED MATERIALS OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, RELIABLETIMELY, CURRENT AVAILABLE, SECURE OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. YOU HEREBY ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND INGENUITY DOES NOT AND CANNOT GUARANTEE THAT BIOLOGICAL DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE LICENSED MATERIALS MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING BIOLOGICAL DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT INGENUITY DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (BII) THAT UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE PLATFORM WILL MEET ANY AVAILABILITY LICENSED MATERIALS AND/OR UPTIME COMMITMENTS (YOUR BIOLOGICAL DATA. INGENUITY SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE PLATFORM, SECURITY AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE INTEGRITY OF ITS PRODUCTS INFORMATION AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONSYSTEMS.

Warranty Disclaimer. EXCEPT FOR THE PLATFORM AND SURF EQUIPMENTWARRANTY OF TITLE AS SET FORTH BELOW, AND ALL CONTENT THEREIN AND THEREON, THE ITEMS ARE PROVIDED ON AN "AS IS" AND “AS WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND PATENT. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORYARE DISCLAIMED BY TEXAS INSTRUMENTS AND DO NOT APPLY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY TO THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITION, SURF TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT REPRESENT CONVEY TO RECIPIENT ANY LICENSE OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTSUBLICENSE UNDER ANY PATENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOPYRIGHT, OR OTHER PROBLEMSINTELLECTUAL PROPERTY RIGHT, EITHER EXPRESS OR IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE ITEMS PURCHASED HEREUNDER, INCLUDING INHERENT IN WITHOUT LIMITATION: (i) THE USE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF THE INTERNET AND ELECTRONIC COMMUNICATIONSITEMS, AND SURF IS NOT LIABLE (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE ITEMS FOR ANY SUCH LIMITATIONSPARTICULAR PURPOSE. TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS PRODUCTS OWN ASSESSMENT AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE EVALUATION OF THE PLATFORM ITEMS FOR SUCH PURPOSES AND SURF EQUIPMENTIS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, AND ALL CONTENT THEREONAFFILIATES, REPRESENTATIVES OR AGENTS. Texas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, Texas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient.

Warranty Disclaimer. The Software may be designated as alpha, beta, development, prerelease, untested, or not fully tested versions of the Software. The Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PLATFORM SOFTWARE OR OTHER CONFIDENTIAL INFORMATION IS AT DEVELOPER’S SOLE RISK. THE SOFTWARE AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, OTHER CONFIDENTIAL INFORMATION ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND WITHOUT WARRANTY OF ANY KINDKIND AND [LICENSEE NAME] AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORYTERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNPALMSOURCE AND PALMONE CONFIDENTIAL ROM IMAGE LICENSE THE IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND NON-INFRINGEMENTSATISFACTORY QUALITY. NEITHER [LICENSEE NAME] NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN ADDITION, SURF DOES NOT REPRESENT THE SOFTWARE OR WARRANT THAT: (A) OTHER CONFIDENTIAL INFORMATION ARE SUITABLE FOR DEVELOPER’S USE OR THAT THE PLATFORM OPERATION OF THE SOFTWARE OR SURF EQUIPMENTOTHER CONFIDENTIAL INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT DEFECTS IN THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, SOFTWARE OR OTHER PROBLEMSCONFIDENTIAL INFORMATION WILL BE CORRECTED. FURTHERMORE, INCLUDING INHERENT IN NEITHER [LICENSEE NAME] NOR ITS SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSSOFTWARE OR OTHER CONFIDENTIAL INFORMATION OR IN TERMS OF THEIR CORRECTNESS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSACCURACY, DELAYSRELIABILITY, OR PROBLEMS, OTHERWISE. NO ORAL OR DAMAGES RELATING THERETO)WRITTEN INFORMATION OR ADVICE GIVEN BY [LICENSEE NAME] SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WHILE SURF ATTEMPTS TO MAKE THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE PORTION OF VIRUSES THE SOFTWARE OR OTHER HARMFUL COMPONENTSCONFIDENTIAL INFORMATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENTDeveloper acknowledges that [Licensee Name] or its suppliers may not have publicly announced the availability of the Software, AND ALL CONTENT THEREONthat [Licensee Name] has not promised or guaranteed to Developer that such Software will be announced or made available to anyone in the future, and that [Licensee Name] has no express or implied obligation to Developer to announce or introduce the Software or any similar or compatible product, or to continue to offer or support the Software in the future.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENTEXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES HEREUNDER ARE PROVIDED ON AN “"AS IS” " BASIS, AND ALL USE THEREOF IS AT SERVICE PROVIDER’S AND ITS CUSTOMER’S OWN RISK. SURF ITOPIA DOES NOT MAKE, AND HEREBY DISCLAIMS DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS AND IMPLIED OR STATUTORYWARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON- INFRINGEMENT AND NON-INFRINGEMENTTITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN ADDITIONTHIS AGREEMENT, SURF ITOPIA DOES NOT REPRESENT WARRANT THAT THE SERVICES OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTCIRCUITS WILL PERFORM AT A PARTICULAR SPEED, OR ALL CONTENT THEREIN AND THEREONWILL BE UNINTERRUPTED, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; , OR (B) THAT SECURE. THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR AND OTHER PROBLEMS, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF . ITOPIA IS NOT LIABLE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMSDELIVERY FAILURES, OR DAMAGES RELATING THERETO)OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WHILE SURF ATTEMPTS TO MAKE USE OF ITOPIA DOES NOT GUARANTEE THAT ITS PRODUCTS PROCEDURES AND SERVICES (AND WILL PREVENT LOSS, ALTERATIONS OR UNAUTHORIZED ACCESS TO SERVICE PROVIDER DATA OR CONTENT HOSTED, DISTRIBUTED OR DELIVERED THROUGH ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES FACILITY EMPLOYED IN THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE DELIVERY OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONSERVICES.

Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE PLATFORM PRODUCTS AND SURF EQUIPMENTSERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRBELA (ON BEHALF OF ITSELF AND THE VIRBELA PARTIES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUIET ENJOYMENT, AND ALL NON-INFRINGEMENT, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR SITE. VIRBELA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE PRODUCTS, SERVICES, OUR SITE, OR THE CONTENT THEREIN OF ANY SITES LINKED TO OUR SITE. THE PRODUCTS AND THEREON, SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF XXXXXXX DOES NOT REPRESENT WARRANT THAT THE PRODUCTS OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTSERVICES WILL BE SECURE, OR ALL CONTENT THEREIN AND THEREONUNINTERRUPTED, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; . YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICES MAY BE INTERCEPTED BY THIRD PARTIES. THE VIRBELA PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR (B) THAT ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMSERVICES, AND ALL CONTENT THEREON, MAY THE VIRBELA PARTIES WILL NOT BE SUBJECT A PARTY TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, PRODUCTS OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREON.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, EXPRESS WARRANTIES SPECIFIED HEREIN ARE PROVIDED ON AN “AS IS” BASISTHE ONLY WARRANTIES MADE BY OWNER OR OWNER’S LICENSORS. SURF HEREBY DISCLAIMS ALL WARRANTIES NO REPRESENTATION OR OTHER AFFIRMATION OF ANY KINDFACT, WHETHER EXPRESSMADE BY OWNER OR ANOTHER OR OTHERWISE, THAT IS NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF OWNER OR OWNER’S LICENSORS. OWNER AND OWNER’S LICENSORS FURTHER DISCLAIM AND CLIENT HEREBY WAIVES, ALL IMPLIED WARRANTIES FOR XXXX, THE LICENSED PROPERTY, OR STATUTORYANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A INTENDED USE, OR PARTICULAR PURPOSE, TITLE AND NON-OR NON- INFRINGEMENT. IN ADDITIONEACH PARTY WAIVES ANY LIABILITY OF THE OTHER PARTY (AND CLIENT WAIVES WITH RESPECT TO OWNER’S LICENSORS, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMCONTRACTORS, AND ALL CONTENT THEREONOWNERS) IN NEGLIGENCE, MAY BE SUBJECT TO LIMITATIONSTORT, DELAYS, AND STRICT LIABILITY ARISING FROM ANY ACT OR OMISSION OF THE OTHER PROBLEMS, INCLUDING INHERENT PARTY IN THE USE PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EXCEPT AS AND TO THE EXTENT THAT SUCH LIABILITY ARISES OUT OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, GROSS NEGLIGENCE OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE WILLFUL MISCONDUCT OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONOTHER PARTY.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, DATA SERVICES ARE PROVIDED ON AN "AS IS" AND “AS ISAVAILABLE,” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FANDANGO AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE DATA SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. FURTHER, DUE TO THE COMPLEX NATURE OF COMPUTER SOFTWARE AND INTERNET SERVICES, FANDANGO DOES NOT REPRESENT OR WARRANT THAT ALL OR ANY PORTION OF THE DATA SERVICES IS FREE OF INACCURACIES, ERRORS OR BUGS, WILL BE AVAILABLE OR OPERATE WITHOUT INTERRUPTIONS, IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, OR IS RELIABLE, ACCURATE, LEGAL, COMPLETE OR OTHERWISE VALID. ALL OR A PORTION OF THE DATA SERVICES MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. LICENSEE’S USE OF THE DATA SERVICES IS AT LICENSEE’S OWN DISCRETION AND RISK, AND LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DATA SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR LOSS OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONDATA.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN Customer expressly acknowledges and agrees that use of the Materials is at its sole risk. The Materials are provided “AS IS” BASIS. SURF HEREBY DISCLAIMS and without warranty of any kind and MainConcept and MainConcept 's licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDAND/OR CONDITIONS, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTNONINFRINGEMENT OF THIRD PARTY RIGHTS. IN ADDITION, SURF MAINCONCEPT DOES NOT REPRESENT OR WARRANT THAT: (A) THAT THE PLATFORM OR SURF EQUIPMENTFUNCTIONS CONTAINED IN THE MATERIALS WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMSTHAT DEFECTS IN THE MATERIALS WILL BE CORRECTED. FURTHERMORE, INCLUDING INHERENT IN MAINCONCEPT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSMATERIALS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSACCURACY, DELAYSRELIABILITY, OR PROBLEMSOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAINCONCEPT OR A MAINCONCEPT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE MATERIALS PROVE DEFECTIVE, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES CUSTOMER (AND ANY CONTENT THEREINNOT MAINCONCEPT OR A MAINCONCEPT AUTHORIZED REPRESENTATIVE) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE QUALITY AND PERFORMANCE EXCLUSION OF IMPLIED WARRANTIES, SO THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONABOVE EXCLUSION MAY NOT APPLY.

Warranty Disclaimer. 7.1 THE PLATFORM AND SURF EQUIPMENTWEFFLEET SOLUTIONS SOFTWARE, APP, CONTENT, AND ALL CONTENT THEREIN THE MATERIALS AND THEREON, PRODUCTS ON THE WEBFLEET SOLUTIONS SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL IS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESSWEBFLEET SOLUTIONS DISCLAIMS ALL WARRANTIES, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES WE CANNOT GUARANTEE AND DO NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET PROMISE ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE SPECIFIC RESULTS FROM USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO)WEBFLEET SOLUTIONS SOFTWARE. WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND WEBFLEET SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTSTHE APP OR THE WEBFLEET SOLUTIONS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, SERVICES, THAT ANY CONTENT THEREONDEFECTS WILL BE CORRECTED, OR SERVERS THAT THE WEBFLEET SOLUTIONS SOFTWARE OR THE SERVER THAT MAKES THE WEBFLEET SOLUTIONS SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSANYTHING ELSE HARMFUL. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE FULLEST EXTENT PERMITTED BY LAW, WEBFLEET SOLUTIONS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE PLATFORM MATERIALS OR CONTENT IN THE WEBFLEET SOLUTIONS SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND SURF EQUIPMENTAGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE IN WHICH YOU ACCESS THE WEBFLEET SOLUTIONS SOFTWARE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WEBFLEET SOLUTIONS RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT THEREONAND OTHER ITEMS USED OR CONTAINED IN THE WEBFLEET SOLUTIONS SOFTWARE AT ANY TIME WITHOUT NOTICE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description. If applicable law requires any implied warranties with respect to the Software, all such warranties are limited in duration to ninety (90) days. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you.

Warranty Disclaimer. PROVIDER ACKNOWLEDGES AND AGREES THAT THE PLATFORM AND SURF EQUIPMENTBIOTE PLATFORM, AND ALL CONTENT THEREIN AND THEREONANY PRODUCTS ACQUIRED FROM BIOTE, ARE PROVIDED ON AN “INCLUDING PRESCRIPTION BASED PRODUCTS, IS NOT A SUBSTITUTE FOR A MEDICAL DIAGNOSIS OR TREATMENT PLAN, AS IS” BASISSUCH IS THE SOLE RESPONSIBILITY OF PROVIDER. SURF HEREBY BIOTE, INCLUDING BIOTE DISTRIBUTORS, DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGNWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE INCLUDING WARRANTIES WITH RESPECT TO PRESCRIPTION PRODUCTS PROVIDED BY A THIRD PARTY 503B FACILITY, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND NON-INFRINGEMENTALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. BIOTE, INCLUDING BIOTE DISTRIBUTORS, SHALL NOT BE LIABLE TO PROVIDER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS, ARISING OUT OF, OR RELATING TO, AND/OR IN ADDITIONCONNECTION WITH ANY BREACH OF THIS PROVIDER AGREEMENT, SURF DOES NOT REPRESENT OR WARRANT THAT: REGARDLESS OF (A) THE PLATFORM OR SURF EQUIPMENTWHETHER SUCH DAMAGES WERE FORESEEABLE, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT WHETHER OR NOT BIOTE WAS ADVISED OF THE PLATFORM WILL MEET ANY AVAILABILITY POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR UPTIME COMMITMENTS EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE PLATFORMCLAIM IS BASED, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, (D) THE FAILURE OF ANY AGREED OR OTHER PROBLEMSREMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL BIOTE’S, INCLUDING INHERENT IN ITS DISTRIBUTORS, AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS PROVIDER AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE USE TOTAL OF THE INTERNET AND ELECTRONIC COMMUNICATIONSAMOUNTS PAID TO BIOTE, AND SURF INCLUDING BIOTE DISTRIBUTORS, FOR THE PRODUCTS SOLD OR FACILITATED HEREUNDER OR $10,000, WHICHEVER IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONLESS.

Warranty Disclaimer. THE PLATFORM INFORMATION FROM OR THROUGH THE PUBLIC AREAS OF THIS SITE IS PROVIDED "AS-IS" AND SURF EQUIPMENT"AS AVAILABLE" TO THE FULLEST EXTENT POSSIBLE BY LAW. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE ABSORB PARTIES, ON BEHALF OF THEMSELVES AND ANY AND ALL THIRD PARTY USER CONTENT THEREIN AND THEREONPROVIDERS, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KINDKIND WHATSOEVER, WHETHER EXPRESS, EXPRESS OR IMPLIED OR STATUTORYSTATUTORY AS TO THE SITE, INCLUDING, BUT NOT LIMITED TOABSORB CONTENT, ANY WARRANTY THIRD PARTY USER CONTENT, OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF DESIGNINFORMATION TO ABSORB OR VIA THE SITE, ALL OF WHICH ARE HEREBY DISCLAIMED (INCLUDING THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTCUSTOM, OR ALL CONTENT THEREIN AND THEREONTRADE, ARE ACCURATEQUIET ENJOYMENT, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMSYSTEM INTEGRATION, AND ALL CONTENT THEREONFREEDOM FROM COMPUTER VIRUS). THE INFORMATION AND SITE MAY CONTAIN BUGS, MAY BE SUBJECT TO LIMITATIONSERRORS, DELAYSPROBLEMS, OR OTHER PROBLEMS, INCLUDING INHERENT IN LIMITATIONS. THE USE ABSORB PARTIES ON BEHALF OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (THEMSELVES AND ANY AND ALL THIRD PARTY USER CONTENT THEREIN) SAFEPROVIDERS, SURF CANNOT AND DOES DO NOT REPRESENT OR WARRANT THAT ITS PRODUCTSTHE SITE OR THIRD PARTY USER CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, SERVICESINCLUDING VIRUSES AND OTHER FORMS OF MALWARE. THE ABSORB PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS AND/OR THIRD PARTY USER CONTENT) ON THE SITE IS ACCURATE, ANY CONTENT THEREONCOMPLETE, OR SERVERS ARE FREE USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF VIRUSES THE SITE IS AT YOUR SOLE RISK. THE ABSORB PARTIES ON BEHALF OF THEMSELVES AND ANY AND ALL THIRD PARTY USER CONTENT PROVIDERS,DO NOT WARRANT THAT YOUR USE OF THE SITE OR THIRD PARTY USER CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ABSORB PARTIES, ON BEHALF OF THEMSELVES AND ANY AND ALL THIRD PARTY USER CONTENT PROVIDERS,SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES WARRANTIES, SO THE ENTIRE RISK AS ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE QUALITY EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND PERFORMANCE THIS AGREEMENT. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. THE ABSORB PARTIES DO NOT ENDORSE THIRD PARTY USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY THIRD PARTY USER CONTENT.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE PLATFORM AGREEMENT, BLUIP AND SURF EQUIPMENTBLUIP ON BEHALF OF ITS RELATED PARTIES THIRD PARTY CARRIERS AND OTHER SUPPLIERS, DISCLAIMS ALL WARRANTIES. THE SERVICES, BLUIP COMMUNICATIONS SERVICE, SOFTWARE INITIAL SERVICE ITEMS AND ALL CONTENT THEREIN AND THEREON, EQUIPMENT ARE PROVIDED TO CUSTOMER ON AN “"AS IS" ‘WHERE IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KINDKIND EITHER EXPRESS OR IMPLIED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TOTO THOSE RELATED TO ACCURACY, ANY WARRANTY OF DESIGNDURABILITY, ANY IMPLIED OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, NON-INFRINGEMENTINFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING, CUSTOM USAGE OF TRADE OR PRIOR DEALING. IN ADDITIONBLUIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATETIMELY, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; . CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR (B) THAT ADVICE GIVEN OR PROVIDED BY BLUIP, OR BLUIP’S RELATED PARTIES, SHALL NOT BE DEEMED TO CREATE OR IN ANY WAY, INCREASE THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (SCOPE OF THE PLATFORMWARRANTIES SET FORTH HEREIN, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS THAT CUSTOMER SHALL NOT LIABLE FOR RELY ON ANY SUCH LIMITATIONS, DELAYS, INFORMATION OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONADVICE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 7.1, TO THE PLATFORM EXTENT ALLOWED BY APPLICABLE LAW, SOPHOS AND SURF EQUIPMENT, ITS THIRD-PARTY LICENSORS AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHER IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTOR NON- INFRINGEMENT OF THE PRODUCT. IN ADDITION, SURF DOES NOT REPRESENT SOPHOS MAKES NO WARRANTY OR WARRANT THATREPRESENTATION THAT THE PRODUCT: (A) THE PLATFORM OR SURF EQUIPMENTWILL BE UNINTERRUPTED, OR ALL CONTENT THEREIN AND THEREONCOMPLETELY SECURE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, FAILSAFE, OR FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR (BC) THAT WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMPERFORMANCE, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSOPERATION, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE SECURITY OF THE INTERNET AND ELECTRONIC COMMUNICATIONSPRODUCT THAT MAY ARISE FROM CUSTOMER CONTENT, AND SURF IS NOT LIABLE THIRD PARTY SERVICES, OR ANY OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SUCH LIMITATIONSINTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, DELAYSNETWORKS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONSYSTEMS OUTSIDE SOPHOS’S CONTROL.

Warranty Disclaimer. 9.1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM SOFTWARE, RELATED SERVICES AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS”. SURF HEREBY TO THE EXTENT PERMITTED BY APPLICABLE LAW. LICENSOR, FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS, EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES, BE THEY EXPRESS OR IMPLIED BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND WITHOUT LIMITATION, ON ITS OWN BEHALF AND THAT OF ITS SUPPLIERS, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR MERCHANTABILITY AND ANY WARRANTIES RELATING TO NON-INFRINGEMENTINTERRUPTION OF USE OR FREEDOM FROM ERRORS, VIRUSES OR BUGS. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF NO PERSON IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS AUTHORIZED TO MAKE USE ANY WARRANTY OR REPRESENTATION ON BEHALF OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT LICENSOR CONCERNING THE SOFTWARE OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSTHE DOCUMENTATION. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF EXTENT AN IMPLIED TERM, CONDITION OR WARRANTY CANNOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONWARRANTY PERIOD.

Warranty Disclaimer. CUSTOMER ACKNOWLEDGES THAT THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, EQUIPMENT IS PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND “AS AVAILABLE” BASIS ONLY, WITHOUT WARRANTY OF ANY KIND, WHETHER AND ALL EXPRESS, IMPLIED OR STATUTORYSTATUTORY WARRANTIES, INCLUDINGCONDITIONS, REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY THE CONDITION OF DESIGNTHE EQUIPMENT, ANY THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY AND NON-INFRINGEMENTNONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE ARE EXCLUDED BY CUREMD. IN ADDITION, SURF CUREMD DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM SYSTEMS OR EQUIPMENT WILL MEET THE REQUIREMENTS OF ANY AVAILABILITY PERSON AND OPERATE ON AN UNINTERRUPTED OR UPTIME COMMITMENTS (ERROR -FREE BASIS. THE PLATFORM, CUSTOMER IS SOLELY RESPONSIBLE FOR ANY AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, ACTS OR OTHER PROBLEMSOMISSIONS TAKEN OR MADE IN RELIANCE ON THE EQUIPMENT AND / OR SYSTEM OR THE INFORMATION CONTAINED THEREIN, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSINACCURATE OR INCOMPLETE INFORMATION. ADDITIONALLY, AND SURF IS NOT LIABLE CUREMD MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING CUSTOMER'S REIMBURSEMENT FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONPROCEDURES.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES ARE PROVIDED ON AN “"AS IS” " AND "AS AVAILABLE" BASIS. SURF THE COMPANY DOES NOT MAKE AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY DISCLAIMS WAIVES, ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER GUARANTEES AND REPRESENTATIONS, EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED ALL WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ACCURACY, OMISSIONS, COMPLETENESS, AND NON-INFRINGEMENTDELAYS. IN ADDITION, SURF COMPANY DOES NOT WARRANT, GUARANTEE OR REPRESENT THAT THE SERVICES, CUSTOMER INFORMATION OR WARRANT THAT: (A) THE PLATFORM COMPANY’S SYSTEMS, HARDWARE, SOFTWARE, DATA OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATENETWORKS WILL BE SECURE, COMPLETE, RELIABLEACCURATE, CURRENT BUG OR ERROR-ERROR FREE; OR (B) , THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMSERVICES, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCUSTOMER INFORMATION, OR OTHER PROBLEMSCOMPANY’S SYSTEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONSHARDWARE, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONSSOFTWARE, DELAYS, DATA OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS NETWORKS ARE FREE OF VIRUSES VIRUSES, MALICIOUS CODE, BUGS OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES , THAT THE ENTIRE RISK AS TO COMPANY’S BUILDINGS ARE FIREPROOF, OR THAT THE QUALITY AND PERFORMANCE CONTENTS OF SAID BUILDINGS, INCLUDING THE PLATFORM AND SURF EQUIPMENTCUSTOMER INFORMATION, AND ALL CONTENT THEREONCANNOT BE DESTROYED BY FIRE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES ARE PROVIDED ON AN “AS IS.” BASISNEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTORY OR OTHERWISE. SURF HEREBY LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO THE WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITIONTITLE, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTSYSTEM INTEGRATION, DATA ACCURACY, OR ALL CONTENT THEREIN AND THEREONNONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE PROGRAM, ARE ACCURATESERVICES, COMPLETESYSTEM CONTENT, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMDOCUMENTATION, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, ANY DELIVERABLES PROVIDED BY LICENSOR HEREUNDER. NEITHER LICENSOR NOR ITS PARTNERS WARRANTS OR OTHER PROBLEMS, INCLUDING INHERENT IN MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INTERNET SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITEDTO, ANYTHIRD- PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. LICENSOR AND ELECTRONIC COMMUNICATIONSITS PARTNERS EXPRESSLY DISCLAIM ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY LICENSOR OR A LICENSOR-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, NEITHER LICENSOR OR ITS PARTNERS WARRANTS THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR- FREE. FURTHER, LICENSOR MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO LICENSEE, AND SURF IS LICENSOR SHALL NOT BE HELD LIABLE FOR ANY DAMAGES TO LICENSEE RESULTING FROM ACTIONS OF SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTHIRD PARTIES.

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE PLATFORM AGREEMENT, BLUIP AND SURF EQUIPMENTBLUIP ON BEHALF OF ITS RELATED PARTIES THIRD PARTY CARRIERS AND OTHER SUPPLIERS, DISCLAIMS ALL WARRANTIES. THE SERVICES, SOFTWARE AND ALL CONTENT THEREIN AND THEREON, EQUIPMENT ARE PROVIDED TO CUSTOMER ON AN “"AS IS" ‘WHERE IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KINDKIND EITHER EXPRESS OR IMPLIED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TOTO THOSE RELATED TO ACCURACY, ANY WARRANTY OF DESIGNDURABILITY, ANY IMPLIED OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, NON-INFRINGEMENTINFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING, CUSTOM USAGE OF TRADE OR PRIOR DEALING. IN ADDITIONBLUIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATETIMELY, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; . CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR (B) THAT ADVICE GIVEN OR PROVIDED BY BLUIP, OR BLUIP’S RELATED PARTIES, SHALL NOT BE DEEMED TO CREATE OR IN ANY WAY, INCREASE THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (SCOPE OF THE PLATFORMWARRANTIES SET FORTH HEREIN, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS THAT CUSTOMER SHALL NOT LIABLE FOR RELY ON ANY SUCH LIMITATIONS, DELAYS, INFORMATION OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONADVICE.

Warranty Disclaimer. TO THE PLATFORM MAXIMUM EXTENT PERMITTED BY LAW AND SURF EQUIPMENTEXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, MAGENTO PROVIDES THE EXTENSION ON AN "AS-IS" BASIS. MAGENTO, ITS AFFILIATES, AND ALL CONTENT THEREIN THIRD-PARTY PROVIDERS DISCLAIM AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDINGINCLUDING REPRESENTATIONS, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED GUARANTEES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND TITLE, NON-INFRINGEMENT, OR ACCURACY. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: CUSTOMER ACKNOWLEDGES THAT (A) NEITHER MAGENTO, ITS AFFILIATES NOR ITS THIRD PARTY PROVIDERS CONTROLS CUSTOMER EQUIPMENT OR THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREETRANSFER OF DATA OVER COMMUNICATIONS FACILITIES (INCLUDING THE INTERNET); OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, EXTENSION MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, OR CANCELLATIONS, AND OTHER PROBLEMS, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET COMMUNICATIONS FACILITIES (INCLUDING SEARCH ENGINES AND ELECTRONIC COMMUNICATIONSSOCIAL MEDIA CHANNELS); AND (C) IT IS FULLY RESPONSIBLE TO INSTALL APPROPRIATE SECURITY UPDATES AND PATCHES. MAGENTO, ITS AFFILIATES, AND SURF IS ITS THIRD-PARTY PROVIDERS ARE NOT LIABLE RESPONSIBLE FOR ANY SUCH LIMITATIONSINTERRUPTIONS, DELAYS, OR PROBLEMSCANCELLATIONS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONDAMAGE RESULTING FROM THESE PROBLEMS.

Warranty Disclaimer. THE PLATFORM AND SURF OUR EQUIPMENT, FACILITIES AND ALL CONTENT THEREIN AND THEREON, SERVICES ARE PROVIDED ON AN “"AS IS” BASIS. SURF HEREBY DISCLAIMS ALL " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TOTO WARRANTIES OF TITLE, ANY WARRANTY OF DESIGN, ANY NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. NO STATEMENT, TITLE ADVICE, OR INFORMATION GIVEN BY US, OUR OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED REPRESENTATIVES, AFFILIATES OR CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, CREATES A WARRANTY. COMPANY ACKNOWLEDGES THAT COMPANY HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES BY COMMZOOM, WRITTEN OR ORAL, OTHER THAN THE EXPRESS REPRESENTATIONS AND NONWARRANTIES SET FORTH IN THIS AGREEMENT. WE DO NOT WARRANT THAT THE EQUIPMENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. 17. CUSTOMER INDEMNIFICATION. COMPANY AGREES THAT COMPANY SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COMMZOOM AND ITS THIRD-INFRINGEMENT. PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) (COLLECTIVELY, THE “COMMZOOM GROUP”) AND SHALL REIMBURSE THE COMMZOOM GROUP FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED IN ADDITIONCONNECTION WITH ANY CLAIMS, SURF DOES NOT REPRESENT OR WARRANT THATSUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF: (Ai) COMPANY’S USE OF THE PLATFORM SERVICE OR SURF EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, OR ALL CONTENT THEREIN AND THEREONPRIVACY, ARE ACCURATECONFIDENTIALITY, COMPLETECOPYRIGHT, RELIABLEPATENT, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORMTRADEMARK, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSTRADE SECRET, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM COMPANY’S USE OF THE INTERNET SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR (iii) COMPANY’S BREACH OF ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE PROVISION OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTHIS AGREEMENT.

Warranty Disclaimer. THE PLATFORM PROGRAM, CONTENT AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, THE COMPANY PROPERTIES ARE PROVIDED ON AN “AS AS-IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN ADDITION, SURF CONNECTION WITH ANY PROGRAM. COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THAT THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (B) , THAT THE PLATFORM DEFECTS WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSCORRECTED, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY AND PERFORMANCE OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES OR SELLERS IN CONJUNCTION WITH THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONPROGRAMS.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “The Web Sites and all elements thereof are provided on an "AS IS” BASIS" basis without any warranty of any kind, express or implied. SURF HEREBY Rovia DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF Rovia DOES NOT REPRESENT OR WARRANT THAT: (A) THAT THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT FUNCTIONS CONTAINED IN THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE; , THAT DEFECTS WILL BE CORRECTED, OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY WEB SITES OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO SERVER THAT THEY MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES Rovia DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ENTIRE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION, PROMOTIONS, AND ADVERTISEMENTS ON THE WEB SITES (OR SENT TO YOU VIA E-MAIL) PROVIDED BY, ACCESSED FROM, DOWNLOADED FROM, EXTRACTED FROM, OR OTHERWISE ORIGINATING FROM PERSONS, ENTITIES, OR OTHER THIRD-PARTIES, INCLUDING, WITHOUT LIMITATION, Rovia USERS, TRAVEL AUTHORS AND EXPERTS, THIRD-PARTY WEB SITES, DATABASES, TRAVEL AGENTS, VENDORS, AND MERCHANTS. YOU ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION, PROMOTIONS, AND ADVERTISEMENTS MAY NOT BE ACCURATE, CORRECT, OR UP-TO- DATE. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO DECIDE WHETHER OR NOT YOU WISH TO TRAVEL TO A PARTICULAR DESTINATION ON YOUR OWN ACCORD. YOU (AND NOT Rovia) ASSUME THE RISK AS THAT SUCH INFORMATION IS INCORRECT. YOU UNDERSTAND AND ACKNOWLEDGE THAT PROPERTIES, CONDITIONS AND METEROLOGICAL CONDITIONS MAY VARY FROM PHOTOGRAPHS OR ILLUSTRATIONS PROVIDED ON THE WEB SITES. Rovia HAS NO RESPONSIBILITY TO (AND IS NOT LIABLE FOR FAILURE TO) CHECK THE ACCURACY THEREOF PRIOR TO MAKING SUCH THIRD-PARTY INFORMATION AVAILABLE TO YOU. Rovia DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY AND PERFORMANCE OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIAL OBTAINED BY YOU FROM THIRD-PARTIES, INCLUDING ANY STATEMENTS, OPINIONS, REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Rovia DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO ANY OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONPRODUCTS YOU MAY PURCHASE FROM A THIRD PARTY VENDOR OR WEB SITE THROUGH THE WEB SITES. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENTSOFTWARE, THE NINJARMM WEBSITE AND ALL CONTENT THEREIN AND THEREON, OF THE CONTENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSEXPRESSED, IMPLIED OR STATUTORY, INCLUDINGAND NINJARMM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE WITH RESPECT THE SOFTWARE, THE WEBSITE AND NON-INFRINGEMENTALL CONTENTS THEREOF, THE ACCOMPANYING DOCUMENTATION, AND ANY ACCOMPANYING SUPPORTING MATERIALS OR OTHER MATERIALS RECEIVED FROM NINJARMM AND/OR ANY AFFILIATE, AGENT, RESELLER, DEALER, DISTRIBUTOR, EMPLOYEE, CONTRACTOR OR REPRESENTATIVE OF NINJARMM. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PLATFORM WILL MEET WEBSITE AND/OR THE SOFTWARE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO AFFILIATE, CONTRACTOR, EMPLOYEE, AGENT, RESELLER, DEALER OR DISTRIBUTOR OR REPRESENTATIVE OF NINJARMM IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY OR TO MAKE ANY AVAILABILITY OR UPTIME COMMITMENTS (ADDITIONAL WARRANTIES. SOME STATES DO NOT ALLOW THE PLATFORMEXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND ALL CONTENT THEREONYOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. 8. LIABILITY DISCLAIMER; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. CUSTOMER IS SOLELY RESPONSIBLE FOR CUSTOMER’S AND ITS CLIENTS’ USE OF THE SOFTWARE, MAY BE SUBJECT TO LIMITATIONSINPUTS INTO THE SOFTWARE, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN VERIFYING THE RESULTS OF THE USE OF THE INTERNET SOFTWARE AND ELECTRONIC COMMUNICATIONSHOW THE OUTPUT FROM THE SOFTWARE IS USED BY CUSTOMER AND ITS CLIENTS. IN NO EVENT SHALL NINJARMM BE RESPONSIBLE OR LIABLE TO CUSTOMER, ITS CLIENTS OR ANY THIRD PARTY FOR ANY LIABILITY ARISING OUT OF INSTALLATION OR USE OF THE SOFTWARE, WHETHER BY CUSTOMER, CLIENTS, USERS WITHIN CUSTOMER OR CLIENTS’ ORGANIZATIONS, OR OTHER AUTHORIZED USERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NINJARMM BE LIABLE OR OBLIGATED TO CUSTOMER OR ITS CLIENTS IN ANY MANNER FOR ANY SPECIAL, NON-COMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST DATA OR PROGRAMS, PRIVACY OF DATA OR PROGRAMS, UNAUTHORIZED ACCESS TO DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF NINJARMM IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, EXCEPT AS PROVIDED IN PARAGRAPH 9, NINJARMM SHALL NOT BE LIABLE TO CUSTOMER OR ITS CLIENTS IN AN AMOUNT IN THE AGGREGATE GREATER THAN $5,000 OR THE AMOUNT RECEIVED BY NINJARMM IN THE PAST 3 MONTHS FROM CUSTOMER FOR THE SOFTWARE LICENSED UNDER THIS AGREEMENT. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS THE FOREGOING LIMITATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE AN ESSENTIAL BASIS OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONBARGAIN BETWEEN THE PARTIES.

Warranty Disclaimer. 24.1. NEITHER FIRST TECHNOLOGY, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE PLATFORM FIRST TECHNOLOGY SITE, THE MARKETPLACE PROGRAM, ANY PARTNER TOOL, SERVICES PROVIDED BY FIRST TECHNOLOGY OR ANY SERVICE PROVIDER, OR SOFTWARE USED TO PROVIDE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, AND SURF EQUIPMENTSELLER AGREES THAT FIRST TECHNOLOGY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, INCLUDING WITHOUT LIMITATION, SYSTEM OR SOFTWARE FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. NEITHER FIRST TECHNOLOGY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO SELLER WITH RESPECT TO THE SALE OF SELLER’S PRODUCTS THROUGH THE MAKRO SITE PURSUANT TO THIS AGREEMENT, AND ALL CONTENT THEREIN AND THEREON, SUCH SERVICES PROVIDED BY FIRST TECHNOLOGY ARE PROVIDED ON AN “AS-IS” AND “AS ISAVAILABLE” BASIS. SURF HEREBY DISCLAIMS FIRST TECHNOLOGY AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITIONINFRINGEMENT OF PROPRIETARY RIGHTS AND THOSE IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, SURF DOES NOT REPRESENT COURSE OF DEALING OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE USAGE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONTRADE.

Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 14 (a) ABOVE, THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES (INCLUDING THE REPORTS) ARE PROVIDED ON AN “"AS IS” " AND "AS AVAILABLE" BASIS. SURF HEREBY TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENTINFRINGEMENT AND TITLE. IN ADDITIONNO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (BII) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS UNAUTHORIZED USERS (THE PLATFORMe.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND ALL CONTENT THEREONDAMAGE INSTITUTION’S DATA, MAY BE SUBJECT TO LIMITATIONS, DELAYSCOMPUTERS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NETWORKS. TURNITIN SHALL NOT LIABLE BE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONACTIVITIES.

Warranty Disclaimer. THE PLATFORM OUR EQUIPMENT AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, SERVICES ARE PROVIDED ON AN “"AS IS” BASIS. SURF HEREBY DISCLAIMS ALL " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED OR STATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TOTO WARRANTIES OF TITLE, ANY WARRANTY OF DESIGN, ANY NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. NO STATEMENT, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM OR SURF EQUIPMENTADVICE, OR ALL CONTENT THEREIN INFORMATION GIVEN BY US, OUR OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED REPRESENTATIVES, AFFILIATES OR CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, CREATES A WARRANTY. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES BY INFOSTRUCTURE, WRITTEN OR ORAL, OTHER THAN THE EXPRESS REPRESENTATIONS AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) WARRANTIES SET FORTH IN THIS AGREEMENT. WE DO NOT WARRANT THAT THE PLATFORM EQUIPMENT OR SERVICES WILL MEET ANY AVAILABILITY BE UNINTERRUPTED OR UPTIME COMMITMENTS (ERROR FREE. ORAL, OTHER THAN THE PLATFORM, EXPRESS REPRESENTATIONS AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT WARRANTIES SET FORTH IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS THIS AGREEMENT. WE DO NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMS, OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, THE EQUIPMENT OR SERVERS ARE FREE OF VIRUSES SERVICES WILL BE UNINTERRUPTED OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONERROR FREE.

Warranty Disclaimer. THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SURF DYNATRACE DOES NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM USE OF ANY DYNATRACE PRODUCT OR SURF EQUIPMENTDELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE, CURRENT OR ERROR-FREE; OR (BD) THAT THE PLATFORM PRODUCTS OR DELIVERABLES WILL MEET ANY AVAILABILITY BE UNINTERRUPTED, ERROR-FREE OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYSVIRUS-FREE, OR OTHER PROBLEMSTHAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM CUSTOMER’S SITE(S) OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF . DYNATRACE IS NOT LIABLE RESPONSIBLE FOR ANY SUCH LIMITATIONS, DELAYS, OR PROBLEMSDELIVERY FAILURES, OR OTHER DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREONRESULTING FROM SUCH PROBLEMS.