Common use of Disclaimer; Limitation of Liability Clause in Contracts

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS”, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHS. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE4.2.1 EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1 ABOVE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MEMVERGE MAKES NO REPRESENTATION WARRANTIES WHETHER EXPRESS OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITEIMPLIED AND, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND EXCEPT AS EXPRESSLY SET FORTH HEREINALL OTHER WARRANTIES WITH RESPECT TO ANY SOFTWARE, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS”SERVICES OR PROFESSIONAL SERVICES, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. 4.2.2 EXCEPT FOR LICENSEE’S BREACH OF SECTION 2.1 AND/OR 2.2 AND FOR EITHER PARTY’S BREACH OF THE CONFIDENTIALITY OBLIGATIONS OF SECTION 6, (cI) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, EITHER PARTY OR ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS SUPPLIERS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVEEXEMPLARY, OR EXEMPLARY CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES ARISING FROM PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF PROFITS, REVENUEUSE, DATA, OR USEPROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR FROM INTERRUPTED COMMUNICATIONS TORT (INCLUDING NEGLIGENCE OR DAMAGED DATAOTHERWISE) ARISING IN ANY WAY OUT OF THE SERVICES, PROFESSIONAL SERVICES, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGE; AND NOTWITHSTANDING THE FAILURE (II) MEMVERGE’S ENTIRE LIABILITY UNDER OR ARISING OUT OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT THIS AGREEMENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO MEMVERGE BY LICENSEE FOR LICENSEE. SOME JURISDICTIONS DO NOT ALLOW THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHS. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICELIMITATION OR EXCLUSION OF INCIDENTAL, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, CONSEQUENTIAL OR OTHER SECURITY INTRUSIONTYPES OF DAMAGES, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEMSO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES The Registrant acknowledges and agrees that, to the maximum extent possible, DOT DM and Dot DM Related Parties SHALL NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS”, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVEOR CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR RELATING TO THE USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATATHE INABILITY TO USE, OR FROM ANY DEFECT OR ERRORTHE DOMAIN, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE WEBSITEFORM OF ACTION, SOFTWARE OR SERVICEWHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, DOT DM AND DOT DM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY SUCH LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN. FINALLY, DOT DM AND DOT DM RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .dm TOP LEVEL DOMAIN NAME, OR BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMSSECURITY, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY EVEN IF DOT DM AND DOT DM RELATED PARTIES HAVE BEEN ADVISED OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF POTENTIAL FOR SUCH DAMAGES, AND NOTWITHSTANDING EVEN IF DOT DM MAY FORESEE SUCH POSSIBLE DAMAGES. THE FAILURE REGISTRANT'S SOLE REMEDY FOR DOT DM AND DOT DM RELATED PARTIES’ BREACH OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHERTHIS AGREEMENT SHALL BE, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMSAT THE SOLE DISCRETION OF DOT DM AND DOT DM RELATED PARTIES, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY RE-SUPPLY OF THE FOREGOING EXCEED GOODS OR SERVICES, THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED OR REPLACED OR THE SERVICES SUPPLIED AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWALTERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR THE SERVICE AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN THE IMMEDIATELY PRECEDING 12 MONTHS. (dTORT OR OTHERWISE) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEMLIMITED TO THE AMOUNT OF MONEY PAID TO DOT DM BY THE REGISTRANT.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASG PROVIDES ALL OF ITS GOODS AND EXCEPT SERVICES “AS-IS” WITHOUT WARRANTY OF ANY KIND. FURTHERMORE, ASG IS NOT RESPONSIBLE FOR THE PROVISION OF ANY THIRD-PARTY SERVICES, AND ASG MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO ANY THIRD-PARTY SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AS EXPRESSLY SET FORTH HEREINIT RELATES TO ANY OF ASG’S GOODS OR SERVICES OR ANY THIRD-PARTY SERVICES, (iA) THE WEBSITE AND THE SERVICE ALL WARRANTIES, EXPRESS OR IMPLIED, ARE PROVIDED “AS IS”DISCLAIMED, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, INCLUDING WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES LIMITATION THOSE OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, ACCURACY, AND NONCOMPATIBILITY, AND (B) ASG DOES NOT WARRANT THAT ANY GOODS OR SERVICES (INCLUDING ANY THIRD-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOFPARTY SERVICES) WILL ACHIEVE A PARTICULAR RESULTMEET BUYER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR WILL BE UNINTERRUPTED OR ERROR-FREE. , ACCURATE, OR COMPLETE. BUYER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER ANY GOODS OR SERVICES (cINCLUDING ANY THIRD- PARTY SERVICES) ARE ACCURATE OR SUFFICIENT FOR BUYER’S PURPOSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASG MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION OR MATERIALS THAT ARE SUPPLIED BY OR ON BEHALF OF BUYER AND IS NOT RESPONSIBLE FOR DETERMINING WHETHER BUYER OWNS OR HAS PERMISSION TO USE ANY ELEMENTS OF SUCH INFORMATION AND MATERIALS. BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT, IF ASG’S SERVICES TO BUYER INCLUDE DATA INPUT, IMPORTS, CONVERSION, MIGRATION, ENTRY, OR SIMILAR SERVICES, BUYER AND NOT ASG IS RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ITS DATA BEFORE AND AFTER ASG PROVIDES ITS SERVICES. NEITHER BUYER NOR ASG WILL BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OTHER OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY THIRD PARTY FOR ANY CONSEQUENTIALSPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, SPECIAL, PUNITIVE, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDINGDAMAGES, INCLUDING WITHOUT LIMITATIONLIMITATION LOST PROFITS OR COSTS, DAMAGES ARISING FROM LOSS OF PROFITSUSE, REVENUELOSS OF TIME, LOSS OF DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES SERVICES, INCONVENIENCE, SHUTDOWN OR MALFUNCTION OF THE WEBSITESLOWDOWN COSTS, SOFTWARE LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR SERVICEREPUTATION, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) OTHER ECONOMIC LOSS IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE PROVISION OF ANY GOODS OR SERVICES OR THE PERFORMANCE OF THE FOREGOING ANY OTHER OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW IT IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY REGARDLESS OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE BASIS FOR THE SERVICE IN CLAIM. EACH PARTY’S TOTAL CUMULATIVE LIABILITY TO THE IMMEDIATELY PRECEDING 12 MONTHS. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS OTHER FOR ANY AND ALL LIABILITY CLAIMS AND DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING BY STATUTE, CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID AND PAYABLE BY BUYER TO LICENSEE ASG FOR ANY LOSS OR LIABILITY RELATING THE GOODS AND SERVICES WHICH FORM THE SUBJECT OF THE CLAIM(S). THE EXISTENCE OF MORE THAN ONE CLAIM RELATED TO SUCH INFORMATION IN ANY WAYGOODS AND SERVICES SHALL NOT ENLARGE THIS LIMIT. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE ARE SOFTWARE IS PROVIDED “AS IS”” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, (ii) LICENSEE’S USE OFEXPRESS, IMPLIED, OR INABILITY TO USESTATUTORY, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, INCLUDING WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLESUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, AND NON-NON- INFRINGEMENT), AS WELL AS . EIDR AND ITS MEMBERS AND CONTRIBUTING LICENSEES EXPRESSLY DISCLAIM ANY WARRANTIES REPRESENTATION OR WARRANTY THAT THE WEBSITE SOFTWARE WILL MEET THE USER’S REQUIREMENTS, WILL BE FREE FROM DEFECTS OR SERVICE (OR ANY ELEMENTS THEREOF) THAT DEFECTS WILL ACHIEVE A PARTICULAR RESULTBE CORRECTED, OR WILL BE UNINTERRUPTED FREE FROM VIRUSES OR ERROR-FREE. (c) OTHER HARMFUL COMPONENTS, OR THAT USE OF THE SOFTWARE WILL BE UNINTERUPTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHTWILL EIDR, ITS SUPPLIERSMEMBERS, DISTRIBUTORS OR LICENSORS ITS CONTRIBUTING LICENSEES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, INCLUDING WITHOUT LIMITATION, LIMTIATION DAMAGES ARISING FROM FOR LOSS OF PROFITS, REVENUEUSE, DATA, OR USEPROFITS, OR FROM INTERRUPTED COMMUNICATIONS GOODWILL; BUSINESS INTERRUPTION; OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION PROCUREMENT OF SUBSTITUTE SUBSTIUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITESERVICES), SOFTWARE OR SERVICEHOWSOEVER CAUSED AND WHETHER BASED ON CONTRACT, TORT, OR ANY SUCH DAMAGES ARISING FROM BREACH OTHER THEORY OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMSLIABILTY, THE WEBSITEEVEN IF EIDR, SERVICE, SOFTWAREITS MEMBERS, AND/OR ANY USE OF ANY ITS CONTRIBUTING LICENSEES HAVE BEEN ADVISED OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUMEIDR, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMSITS MEMBERS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CONTRIBUTING LICENSEE FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHS. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE BE LIABLE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION AMOUNT IN ANY WAYEXCESS OF $1000. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE13.1 EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN THIS AGREEMENT, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE SERVICES ARE PROVIDED ON AN “AS IS”, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK” BASIS, AND (iii) KEYSIGHT ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED FROM THIS AGREEMENT. HACKTHEBOX DOES NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO WARRANT THAT THE WEBSITE AND SERVICE AND/SERVICES WILL MEET REQUIREMENTS OR THAT THEIR OPERATION OR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WILL BE UNINTERRUPTED OR ERROR FREE. HACKTHEBOX DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INTERFERENCE, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. 13.2 NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF A PARTY: (cI) FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE; (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; AND (III) IN RESPECT OF THAT PARTY’S CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF RESELLER: (I) IN RESPECT OF ITS PAYMENT OBLIGATIONS; AND (II) FOR ANY BREACH, INFRINGEMENT OR MISAPPROPRIATION OF HACKTHEBOX’S INTELLECTUAL PROPERTY RIGHTS. 13.3 SUBJECT TO SECTION 13.2, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT NEITHER PARTY SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF CONSEQUENTIAL LOSS, DAMAGES, COSTS, CHARGES OR EXPENSES HOWEVER ARISING UNDER THIS AGREEMENT OR ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITSBUSINESS, REVENUE, DATAREVENUE OR PROFIT, OR USEDEPLETION OF REPUTATION OR GOODWILL OR SIMILAR LOSSES, OR FROM INTERRUPTED COMMUNICATIONS LOSS OR DAMAGED DATACORRUPTION OF DATA OR INFORMATION, OR FROM ANY DEFECT PURE ECONOMIC LOSS HOWEVER ARISING. 13.4 SUBJECT TO SECTION 13.2, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S MAXIMUM LIABILITY ARISING OUT OF OR ERRORRELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) MISREPRESENTATION (WHETHER INNOCENT OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS NEGLIGENT), RESTITUTION OR SERVICES OR MALFUNCTION OF THE WEBSITEOTHERWISE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, SHALL IN NO EVENT SHALL KEYSIGHT’S MAXIMUMEXCEED, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMSTHE AGGREGATE, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY AMOUNTS PAID BY LICENSEE FOR THE SERVICE TO HACKTHEBOX UNDER THIS AGREEMENT IN THE IMMEDIATELY 12 MONTHS PRECEDING 12 MONTHSTHE DATE ON WHICH THE CLAIM AROSE. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENTa. QUANTCAST MAKES NO REPRESENTATIONS REGARDING THE BENEFITS FROM THE SERVICES, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE PLATFORM OR SERVICE ANY INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT ALWAYS AVAILABLE OR OPERATE WITHOUT LOSS OR CORRUPTION OF DATA OR TECHNICAL MALFUNCTION. QUANTCAST HAS NO LIABILITY FOR THIRD-PARTY SERVICES. QUANTCAST MAY SUSPEND, LIMIT, MODIFY OR REMOVE THE WEBSITE DISCONTINUE ANY OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE ALL SERVICES AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT NOTICE NOTICE. b. EXCEPT FOR CLAIMS RELATING TO LICENSEE. FURTHERINDEMNIFICATION (SECTION 12), KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE NEITHER PARTY WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS”, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY CONSEQUENTIAL DAMAGES (INCLUDING AS A RESULT OF ANY KIND (INCLUDINGDELAYS, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, LOSS OF USE OR USELOSS OF PROFIT) ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER WHATEVER CAUSE OF ACTION OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION THEORY OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF LIABILITY BROUGHT (INCLUDING CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMSNEGLIGENCE), THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON SUCH PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION 14.2 LIMITS ANY LIABILITY FOR FRAUD, AND NOTWITHSTANDING THE FAILURE OF FRAUDULENT MISREPRESENTATION, OR ANY REMEDY OTHER LIABILITY WHICH CANNOT LEGALLY BE LIMITED. c. EXCEPT FOR CLAIMS RELATING TO ACHIEVE ITS INTENDED PURPOSE. FURTHERPAYMENTS DUE (SECTION 5), AND/OR INDEMNIFICATION (SECTION 12), IN NO EVENT SHALL KEYSIGHTWILL EITHER PARTY’S MAXIMUM, TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/FOR ALL CLAIMS ARISING UNDER OR ANY USE OF ANY OF THE FOREGOING RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHS. GREATER OF (dA) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.ONE HUNDRED THOUSAND U.S.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT14.1. QUANTCAST MAKES NO REPRESENTATIONS REGARDING PERFORMANCE OR THE RESULTS AND BENEFITS FROM THE SERVICES, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE PLATFORM OR SERVICE ANY INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT ALWAYS AVAILABLE OR OPERATE WITHOUT LOSS OR CORRUPTION OF DATA OR TECHNICAL MALFUNCTION. QUANTCAST HAS NO LIABILITY FOR THIRD-PARTY SERVICES. QUANTCAST MAY SUSPEND, LIMIT, MODIFY OR REMOVE THE WEBSITE DISCONTINUE ANY OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE ALL SERVICES AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT NOTICE NOTICE. 14.2. EXCEPT FOR CLAIMS RELATING TO LICENSEE. FURTHERINDEMNIFICATION (SECTION 12), KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE NEITHER PARTY WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS”, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY CONSEQUENTIAL DAMAGES (INCLUDING AS A RESULT OF ANY KIND (INCLUDINGDELAYS, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, LOSS OF USE OR USELOSS OF PROFIT) ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER WHATEVER CAUSE OF ACTION OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION THEORY OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF LIABILITY BROUGHT (INCLUDING CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMSNEGLIGENCE), THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON SUCH PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION 14.2 LIMITS ANY LIABILITY FOR FRAUD, AND NOTWITHSTANDING THE FAILURE OF FRAUDULENT MISREPRESENTATION, OR ANY REMEDY OTHER LIABILITY WHICH CANNOT LEGALLY BE LIMITED. 14.3. EXCEPT FOR CLAIMS RELATING TO ACHIEVE ITS INTENDED PURPOSE. FURTHERPAYMENTS DUE (SECTION 5), AND/OR INDEMNIFICATION (SECTION 12), IN NO EVENT SHALL KEYSIGHTWILL EITHER PARTY’S MAXIMUM, TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE WEBSITE, SERVICE, SOFTWARE, GREATER OF (A) ONE HUNDRED THOUSAND U.S. DOLLARS (US $100,000) OR (B) THE ACTUAL AMOUNT PAID AND/OR ANY USE OF ANY OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE PAYABLE TO QUANTCAST FOR THE SERVICE PROVISION OF SERVICES TO COMPANY IN THE IMMEDIATELY PRECEDING 12 MONTHSTWELVE (12) MONTHS PRIOR TO THE DATE THE LIABILITY FIRST AROSE. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY14.4. The limitations and exclusions contained in this Agreement represent the parties’ agreement based upon the perceived level of risk associated with this Agreement and the payments made hereunder. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND a. EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS”LPL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, (ii) LICENSEE’S USE OF, WARRANTIES OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND GUARANTEES RELATING TO THE WEBSITE SERVICES OR THE QUALITY OR RESULTS OF THE SERVICES. b. LPL SHALL NOT BE LIABLE TO GPA GROUP FOR THE CONSEQUENCES OF ANY FAILURE OR DELAY TO PERFORM ANY OF LPL’S OBLIGATIONS UNDER THIS AGREEMENT, OTHER THAN FOR DAMAGES ARISING FROM LPL’S NEGLIGENCE OR WILLFUL OR RECKLESS MISCONDUCT. c. EXCEPT WITH RESPECT TO MATTERS COVERED BY SECTIONS 4 AND SERVICE AND/5, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR THEIR USE (PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES THE BREACH OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (THIS AGREEMENT OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULTTERMINATION OF THIS AGREEMENT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM INCLUDING NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMSOR OTHERWISE, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY THE OTHER PERSON PARTY HAS BEEN ADVISED OR SHOULD KNOW WARNED OF THE POSSIBILITY OF SUCH DAMAGES. d. ALL REMEDIES, INCLUDING WITHOUT LIMITATION THE TERMINATION OF THIS AGREEMENT AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY ALL OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID REMEDIES PROVIDED BY LICENSEE FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHS. LAW (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS NOT EXPRESSLY EXCLUDED PURSUANT TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICETHIS SECTION 7), BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEMDEEMED CUMULATIVE AND NOT EXCLUSIVE.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) 9.1 TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, EACH PARTY DISCLAIMS ALL REPRESENTATIONS AND EXCEPT AS EXPRESSLY SET FORTH HEREINWARRANTIES, (i) THE WEBSITE EXPRESS AND IMPLIED, CONCERNING OR RELATED TO THIS IP LICENSE AGREEMENT AND THE SERVICE ARE PROVIDED “AS IS”INTELLECTUAL PROPERTY LICENSED HEREUNDER, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO INCLUDING BUT NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING LIMITED TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES SPECIFICALLY AGREE THAT ALL WARRANTIES, AND NON-INFRINGEMENT)IF ANY, AS WELL AS ANY WARRANTIES THAT WITH RESPECT TO THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREEINTELLECTUAL PROPERTY LICENSED UNDER THIS IP LICENSE AGREEMENT ARE SET FORTH IN THE PURCHASE AGREMENT. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9.2 IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR EXEMPLARY CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, ) OR USE, PUNITIVE DAMAGES ARISING OUT OF ANY PERFORMANCE OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, NONPERFORMANCE OF THIS AGREEMENT OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION FURTHERANCE OF THE WEBSITEPROVISIONS OR OBJECTIVES OF THIS AGREEMENT, SOFTWARE OR SERVICE, OR ANY REGARDLESS OF WHETHER SUCH DAMAGES ARISING FROM BREACH OF ARE BASED ON TORT, WARRANTY, CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN LEGAL THEORY, EVEN IF ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND . NOTWITHSTANDING THE FAILURE PARTIES' AGREEMENT TO DISCLAIM THE AWARD OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHERSPECIAL, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMSINDIRECT OR CONSEQUENTIAL DAMAGES, THE WEBSITE, SERVICE, SOFTWARE, AND/FOREGOING LIMITATIONS SHALL NOT LIMIT HOW A COURT WOULD MEASURE INFRINGEMENT DAMAGES UNDER APPLICABLE LAW IN AN ACTION FOR INFRINGEMENT OR ANY USE OF ANY MISAPPROPRIATION BY ONE PARTY OF THE FOREGOING EXCEED INTELLECTUAL PROPERTY OF THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE OTHER PARTY; PROVIDED THAT THE EXCLUSION FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHS. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION PUNITIVE DAMAGES SHALL APPLY IN ANY WAYEVENT. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREINSTATED IN THIS AGREEMENT, (i) OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE AND DISTRIBUTION PLANT OR THE SERVICE ARE PROVIDED “AS IS”PROVISION OF SERVICES, (ii) LICENSEE’S USE OFINCLUDING, OR INABILITY TO USEBUT NOT LIMITED TO, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING MERCHANTABILITY OR FITNESS FOR PARTICULAR USE. NOTWITHSTANDING ANYTHING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY HEREIN, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WILL OPERATOR BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS TO OWNER OR ANY OTHER PERSON FOR ANY REASON IN AN AMOUNT EXCEEDING THE TOTAL FEES PAID BY OWNER TO OPERATOR WITHIN THE PREVIOUS 12-MONTH PERIOD. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, OWNER AGREES THAT OPERATOR WILL NOT BE LIABLE TO OWNER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES IN THE FORM OF CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL OR OTHERWISE, OR FOR EXEMPLARY DAMAGES RESULTING FROM OPERATOR’S SERVICES OR DUTIES HEREUNDER OR FROM ANY SERVICES RENDERED WITH RESPECT THERETO OR FROM EXPENSES RELATED THERETO, EVEN IF OWNER HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE DAMGAES. THIS LIMITATION OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY DAMAGES WILL APPLY REGARDLESS OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHSFORM OF ACTION, WHETHER CONTRACT, TORT OR OTHERWISE. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, ALL SERVICES ARE SUPPLIED ON AN “AS IS” AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE“AS AVAILABLE” BASIS. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM FULLEST EXTENT PERMITTED BY UNDER APPLICABLE LAW, CMG AND EXCEPT ITS VENDOR(S) MAKE NO, AND DISCLAIM ALL, WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, NONINFRINGEMENT OR TRADE USAGE), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. THE SERVICES AND ANY WEBSITES, DATABASES AND THIRD PARTY PROGRAMS CONTAINED WITHIN THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CMG HAS NO LIABILITY WHATEVER TO ADVERTISER OR ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE ADVERTISER CONTENT OR TO THE ADVERTISER’S WEBPAGE(S) OR WEBSITE(S) AS EXPRESSLY SET FORTH HEREINA RESULT OF OR IN CONNECTION WITH THE SERVICES, (i) THE WEBSITE ANY OTHER PARTY’S SECURITY METHODS AND THE SERVICE ARE PROVIDED “AS IS”, (ii) LICENSEEPRIVACY PROTECTION PROCEDURES AND ANY PARTY’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/CMG WEBSITES, DATABASES OR SERVICE IS AT LICENSEE’S SOLE RISKPROGRAMS, AND (iii) KEYSIGHT AND EXCEPT PURSUANT TO SECTION 25(B). CMG MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS SUPPLIERSSERVICES ARE COMPLIANT WITH ANY PARTICULAR LAW OR REGULATION, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSETHE AMERICANS WITH DISABILITIES ACT, AND NON-INFRINGEMENT)CMG, AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL LIABILTY ASSOCIATED WITH ANY SUCH CLAIM. IN NO EVENT SHALL KEYSIGHTCMG, ITS SUPPLIERS, DISTRIBUTORS AFFILIATES OR LICENSORS ITS VENDOR(S) BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIALCONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, PUNITIVE DAMAGES OR EXEMPLARY MONETARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF TYPE WHATEVER. THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMSOF CMG, ITS AFFILIATES AND ITS VENDOR(S) SHALL BE LIMITED TO THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO CMG BY LICENSEE ADVERTISER FOR THE PARTICULAR SERVICE IN UNDER THE IMMEDIATELY PRECEDING 12 MONTHSAPPLICABLE ORDER WITH WHICH THE LIABILITY IS ASSOCIATED. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND 11.1 EXCEPT AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “QUALCOMM MAKES NO WARRANTIES IN THIS AGREEMENT AS IS”TO PRODUCTS, (ii) TECHNOLOGY, MATERIALS, SERVICES, INFORMATION OR OTHER ITEMS IT FURNISHES TO LICENSEE’S USE OF, EXPRESS OR INABILITY IMPLIED, INCLUDING BUT NOT LIMITED TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE MERCHANTABILITY AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT)OR THAT SUCH ITEMS ARE FREE FROM THE RIGHTFUL CLAIM OF ANY THIRD PARTY, AS WELL AS ANY WARRANTIES THAT BY WAY OF INFRINGEMENT OR THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE LIKE. EXCEPT FOR A PARTICULAR RESULTBREACH BY QUALCOMM OF SECTION 10 OF THIS AGREEMENT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT QUALCOMM SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHS. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY INCIDENTAL, CONSEQUENTIAL OR ANY OTHER INDIRECT LOSS OR LIABILITY RELATING TO SUCH INFORMATION DAMAGE ARISING OUT OF THIS AGREEMENT OR ANY RESULTING OBLIGATION OR THE USE OF ANY INTELLECTUAL PROPERTY RECEIVED HEREUNDER, WHETHER IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT AN ACTION FOR OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSSARISING OUT OF BREACH OF CONTRACT, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGFOR TORT, OR ANY OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETOCAUSE OF ACTION. LICENSEE SHALL BE RESPONSIBLE PERMITTED TO ENJOIN THE UNAUTHORIZED USE BY QUALCOMM OF ANY OF LICENSEE'S INFORMATION. 11.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSEE MAKES NO WARRANTIES IN THIS AGREEMENT AS TO PRODUCTS, TECHNOLOGY, MATERIALS, SERVICES, INFORMATION OR OTHER ITEMS IT FURNISHES TO QUALCOMM, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR BACKING UP ITS OWN COMPUTER SYSTEMA PARTICULAR PURPOSE, OR THAT SUCH ITEMS ARE FREE FROM THE RIGHTFUL CLAIM OF ANY THIRD PARTY, BY WAY OF INFRINGEMENT OR THE LIKE. EXCEPT FOR A BREACH BY LICENSEE OF SECTION 10 OF THIS AGREEMENT, LICENSEE SHALL NOT BE LIABLE TO QUALCOMM FOR ANY INCIDENTAL, CONSEQUENTIAL OR ANY OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR ANY RESULTING OBLIGATION OR THE USE OF ANY INFORMATION RECEIVED HEREUNDER, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, FOR TORT, OR ANY OTHER CAUSE OF ACTION. QUALCOMM SHALL BE PERMITTED TO ENJOIN THE UNAUTHORIZED USE BY LICENSEE OF ANY OF QUALCOMM's INFORMATION. 11.3 QUALCOMM shall indemnify, defend and hold harmless LICENSEE from any and all claims, judgments, liabilities, costs and expenses (including attorney's fees) arising out of or related, directly or indirectly, to any third party claims, actions or other proceedings that any technical information, data, materials, or know-how, including without limitation QUALCOMM's Core IP, furnished hereunder by QUALCOMM, infringes any copyright or trade secret.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRIFACTA SOFTWARE AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE ANY MATERIALS OR SERVICES PROVIDED BY TRIFACTA ARE PROVIDED “AS IS”, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WITHOUT WARRANTIES OF EVERY KIND RELATING ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WEBSITE AND SERVICE AND/WARRANTIES OF TITLE OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR TRIFACTA’S OBLIGATIONS UNDER SECTION 5 OF THIS END USER LICENSE AGREEMENT, (A) CUSTOMER’S SOLE REMEDY AND TRIFACTA’S SOLE LIABILITY FOR ANY BREACH OF THIS END USER LICENSE AGREEMENT SHALL BE TO TERMINATE THE AGREEMENT, CEASE ALL USE OF THE TRIFACTA SOFTWARE AND IMMEDIATELY RETURN TO TRIFACTA THE TRIFACTA SOFTWARE AND ALL DUPLICATES, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE TRIFACTA CONFIDENTIAL INFORMATION; (OR ANY ELEMENTS THEREOFB) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS TRIFACTA BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR COSTS, INCLUDING LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR COSTS; AND (C) IN NO EVENT WILL THE AGGREGATE LIABILITY OF TRIFACTA OR ANY OF ITS THIRD PARTY LICENSORS (UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMSEXCEED ONE THOUSAND DOLLARS ($1,000), THE WEBSITE, SERVICE, SOFTWARE, AND/OR WHETHER ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY REMEDY SET FORTH HEREIN FAILS OF ITS SUPPLIERS, DISTRIBUTORS ESSENTIAL PURPOSE OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHSOTHERWISE. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEEEXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED IN SECTION 12, REPRESENTALL LICENSES, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERRORCOVENANTS, RELEASES, NON-FREEASSERTS AND OTHER IMMUNITIES GRANTED HEREIN ARE MADE ON AN “AS IS” AND “WHERE IS” BASIS, AND LICENSEE AGREES THAT EACH PARTY HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING THOSE REGARDING MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN, AND THOSE ARISING FROM TIME TO TIME KEYSIGHT MAY SUSPENDCOURSE OF DEALING, LIMIT, COURSE OF PERFORMANCE OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS USAGE OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEETRADE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS”, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) NO PARTY WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS THIS SETTLEMENT AGREEMENT UNDER ANY LEGAL OR SERVICES EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR MALFUNCTION OF THE WEBSITESPECULATIVE DAMAGES OR OTHER DAMAGES THAT ARE NOT PROBABLE AND REASONABLY FORESEEABLE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING KIND, EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON SUCH PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHERHOWEVER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THAT THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SERVICE LIMITATION SHALL NOT APPLY IN THE IMMEDIATELY PRECEDING 12 MONTHSCASE OF GROSS NEGLIGENCE OR FRAUD. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEECONTRACTOR’S USE OF PARTICIPATION IN THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, PROGRAM IS AT ITS SOLE RISK. CONTRACTOR IS RESPONSIBLE FOR DETERMINING WHETHER TO PARTICIAPTE IN THE PROGRAM AND LICENSEE AGREES THAT FROM TIME WHETHER TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE CONTRACT WITH ANY PROPERTY OWNER SEEKING to OBTAIN FINANCING UNDER THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEEPROGRAM. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE OR SERVICE WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREINPROVIDED IN THIS AGREEMENT, (i) THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS”COMPANY, (ii) LICENSEE’S USE OF, OR INABILITY TO USEITS AFFILIATED COMPANIES, THE WEBSITE AND/PROGRAM, ANY GOVERNMENTAL AUTHORITY SPONSORING OR SERVICE IS AT LICENSEE’S SOLE RISKPARTICIPATING IN THE PROGRAM, ANY PERSON PROVIDING SERVICES TO COMPANY, ITS AFFILIATED COMPANIES OR ANY GOVERNMENTAL AUHTORITY IN CONNECTION WITH THE PROGRAM AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES (iiiCOLLECTIVELY, “PROGRAM PARTICIPANTS”) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT). EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, AS WELL AS PROGRAM PARTICIPANTS MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE PROGRAM WILL MEET CONTRACTOR’S REQUIREMENTS, (II) THE PROGRAM WILL BE UNINTERRUPTED, (III) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM WILL BE BENEFICIAL TO CONTRACTOR, (IV) THE QUALITY OF ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULTSERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY CONTRACTOR THROUGH ITS PARTICIPATION IN THE PROGRAM WILL MEET CONTRACTOR’S EXPECTATIONS (V) ANY ERRORS IN ANY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY CONTRACTOR THROUGH THE PROGRAM WILL BE UNINTERRUPTED CORRECTED, (VI) CONTRACTOR WILL BE SELECTED BY A PROPERTY OWNER, (VII) AN APPLICATION FOR FINANCING UNDER THE PROGRAM WILL BE APPROVED OR ERROR-FREE. (cVII) CONTRACTORWILL BE PAID ANY AMOUNTS DUE AND PAYABLE TO CONTRACTOR UNDER A CONTRACT WITH A PROPERTY OWNER OR OTHERWISE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY CONTRACTOR THROUGH ITS PARTICIPATION IN THE MAXIMUM EXTENT PERMITTED PROGRAM IS DONE AT CONTRACTOR’S DISCRETION AND RISK AND CONTRACTORWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY APPLICABLE LAW, CONTRACTOR FROM ANY PROGRAM PARTICIPANT OR THROUGH THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN NO EVENT THIS AGREEMENT. PROGRAM PARTICIPANTS SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS NOT UNDER ANY CIRCUMSTANCES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO, CONTRACTOR’S PARTICIPATION IN THE PROGRAM OR CONTRACTOR’S DEALINGS WITH PROPERTY OWNERS OR ANY PROGRAM PARTICIPANT IN CONNECTION WITH THE PROGRAM, INCLUDING ANY LIABILITY (INCLUDINGI) AS A PUBLISHER OF INFORMATION, WITHOUT LIMITATION(II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF CONTRACTOR’S TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY PROPERTY OWNER OR ANY OTHER THIRD PARTY, OR (VII) FOR ANY OTHER MATTER RELATING TO THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES ARISING FROM OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, REVENUELOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, OR USECOST OF PROCURING SUBSTITUTE GOODS, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF INFORMATION, LITIGATION OR THE WEBSITELIKE), SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM WHETHER BASED ON BREACH OF CONTRACT CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMSOTHERWISE, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING . THE FAILURE LIMITATIONS OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHT’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE FOREGOING EXCEED BASIS OF THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR BARGAIN BETWEEN COMPANY AND CONTRACTOR. THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHS. (d) KEYSIGHT WILL USE REASONABLE INFORMATION AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE SERVICES OFFERED IN CONNECTION WITH THE SERVICEPROGRAM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, BUT LICENSEE ACKNOWLEDGES SOME OF THE ABOVE DISCLAIMERS, LIMITATIONS AND AGREES THAT ITS SUBMISSION EXCLUSIONS MAY NOT APPLY TO CONTRACTOR. IN SUCH JURISDICTIONS, THE DISCLAIMER AND THE LIMITATIONS AND EXCLUSIONS OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY ARE APPLICABLE TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAYTHE FULLEST EXTENT PERMITTED BY LAW. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.

Disclaimer; Limitation of Liability. (a) KEYSIGHT DOES NOT GUARANTEEOTHER THAN THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME KEYSIGHT MAY SUSPEND, LIMIT, OR REMOVE THE WEBSITE OR SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO LICENSEE. FURTHER, KEYSIGHT MAKES NO REPRESENTATION OR WARRANTY TO LICENSEE THAT: (A) THE WEBSITE NEITHER PARTY MAKES ANY OTHER WARRANTIES, EITHER ORAL OR SERVICE WILL MEET LICENSEE’S NEEDS WRITTEN, EXPRESS OR REQUIREMENTS; (B) THE WEBSITE OR SERVICE WILL BE SECURE; (C) THE QUALITY OF THE WEBSITE OR SERVICE WILL MEET LICENSEE’S EXPECTATIONS; OR (D) THE WEBSITE, SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH LICENSEE’S COMPUTER SYSTEM. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWIMPLIED, AND EXCEPT AS EXPRESSLY SET FORTH HEREINBOTH PARTIES HEREBY DISCLAIM LIABILITY FOR ANY IMPLIED WARRANTY, (i) THE WEBSITE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND THE SERVICE ARE PROVIDED “AS IS”, (ii) LICENSEE’S USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE IS AT LICENSEE’S SOLE RISK, AND (iii) KEYSIGHT AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND ANY IMPLIED WARRANTIES WARRANTY OF EVERY KIND RELATING TO THE WEBSITE AND SERVICE AND/OR THEIR USE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO PACKAGING, PACKAGED PRODUCTS OR THE PRODUCTS, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE WEBSITE OR SERVICE (OR ANY ELEMENTS THEREOFB) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. (c) EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSUCH PARTY MAY BE REQUIRED TO INDEMNIFY THE OTHER PURSUANT TO SECTION 9 OR IN THE CASE OF WILLFUL MISCONDUCT, IN NO EVENT SHALL KEYSIGHT, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER EITHER PARTY HAVE ANY THEORY OF LIABILITY TO THE OTHER FOR ANY CONSEQUENTIALEXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, INCIDENTALSPECIAL OR CONSEQUENTIAL DAMAGES, SPECIALWHETHER BASED ON CONTRACT, PUNITIVETORT, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE WEBSITE, SOFTWARE OR SERVICE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EVEN IF KEYSIGHT OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS LIABILITY OR ANY OTHER PERSON HAS BEEN THEORY OR FORM OF ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY IS ADVISED OR SHOULD KNOW OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, SAME AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY (C) EXCEPT WITH RESPECT TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL KEYSIGHTSHARP’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMSOBLIGATIONS UNDER SECTION 9, THE WEBSITEOBLIGATIONS OF SHARP SET FORTH IN SECTION 5.5 TO REPLACE NONCONFORMING PACKAGED PRODUCTS AND IN SECTION 6.6 WITH RESPECT TO RECALLS SHALL BE, SERVICEAS APPLICABLE, SOFTWARE, AND/OR ANY USE OF ANY OF THE FOREGOING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE MANUFACTURER’S EXCLUSIVE REMEDY FOR THE SERVICE IN THE IMMEDIATELY PRECEDING 12 MONTHSNONCONFORMING PACKAGED PRODUCTS. (d) KEYSIGHT WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY LICENSEE IN CONNECTION WITH THE SERVICE, BUT LICENSEE ACKNOWLEDGES AND AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND KEYSIGHT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO LICENSEE FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (e) KEYSIGHT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEYSIGHT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. LICENSEE SHALL BE RESPONSIBLE FOR BACKING UP ITS OWN COMPUTER SYSTEM.