Common use of Disclaimer of Warranties and Liability Clause in Contracts

Disclaimer of Warranties and Liability. AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.

Disclaimer of Warranties and Liability. AT&T MAKES NO 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEMERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE TRADE. - ANY MATERIAL OR COURSE SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DEALINGDATA OR ANY OTHER DAMAGE THAT RESULTS FROM THE USE OF THE WIKITUDE SDK, RESPECTIVELY. FURTHER- NO ADVICE OR INFORMATION, AT&T WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT TELEPHONE CALLS THAT: - THE WIKITUDE SDK OR OTHER TRANSMISSIONS ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE ROUTED UNINTERRUPTED, TIMELY, SECURE, OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY WARRANTY REGARDING NETWORK SECURITY, DEFICIENCIES AND ERRORS IN THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMSCORRECTED.

Disclaimer of Warranties and Liability. AT&T MAKES NO EXCEPT AS OTHERWISE PROVIDED IN SECTION 5 ABOVE, AND IN CONNECTION WITH THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED, DX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. DX AND ITS OFFICERS, TITLEDIRECTORS, NONEMPLOYEES, AGENTS, CONTRACTORS OR ANY OTHER PERSON OR ENTITY ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THIRD-INFRINGEMENT PARTY NETWORK OPERATING SYSTEMS, COMPUTER HARDWARE, SOFTWARE, OR THOSE ARISING FROM USAGE PERIPHERALS THAT YOU USE IN CONJUNCTION WITH THE PRODUCT, OR THAT ANY NETWORK-ACCESSIBLE FEATURES OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS THE PRODUCT WILL BE ROUTED CONTINUALLY ACCESSIBLE OR COMPLETED WITHOUT ERROR ACCESSIBLE AT ANY TIME. THE THIRD- PARTY SOURCE CODES USED IN THE SOFTWARE ARE PROVIDED BY THIRD-PARTY LICENSORS “AS IS,” WHO DISCLAIM ANY EXPRESSED OR INTERRUPTION (IMPLIED WARRANTIES, INCLUDING 911 CALLS), NOR BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED SUCH THIRD-PARTY LICENSOR OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS ITS CONTRIBUTORS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT DX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RELATING OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RELATED IN ANY WAY OR MANNER TO LOSS OF BUSINESS AND BUSINESS OPPORTUNITY, LOSS OF SALES, LOSS OF ABILITY TO SELL, TRANSFER, ASSIGN OR SECURITIZE ANY LOAN ON ANY PARTICULAR TERMS CAUSED OR RELATED TO ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) RELATED TO: INTEROPERABILITY, ACCESS TO CONNECTED WITH OR INTERCONNECTION THAT MAY OTHERWISE ARISE OUT OF THE USE OF THE SOFTWARE OR ASSOCIATED ONLINE SERVICES ON DX’S WEB SITE. IN NO EVENT WILL DX BE LIABLE TO YOU IN ANY AGGREGATE AMOUNT EXCEEDING FIVE THOUSAND DOLLARS ($5,000.00). WITH APPLICATIONSRESPECT TO THE SOFTWARE, EQUIPMENTSOFTWARE DOCUMENTATION PRODUCTS AND ALL OTHER SERVICES PROVIDED HEREUNDER, DX DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS, INCLUDING BUT NOT LIMITED TO INFORMATION CONTAINED IN ANY PRESS RELEASES, ADVERTISING, NEWSLETTERS, WEBSITE UPDATES OR BY ANY OF DX’S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LEGAL REPRESENTATIVES, AGENTS OR ANY OTHER PARTIES RELATED TO DX, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. IN ANY SUCH EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN TIME AND DURATION TO ONE HUNDRED AND TWENTY (120) DAYS FROM THE DATE OR YOUR INITIAL AUTHORIZATION TO USE THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED BY DX OR BY YOUR INITIAL USE OF THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED BY DX, WHICHEVER EVENT OCCURS FIRST IN TIME. THE LIABILITY OF DX AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LEGAL REPRESENTATIVES OR ANY OTHER PERSON OR ENTITY, TO YOU OR ANY OF YOUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS LEGAL REPRESENTATIVES OR ANY OTHER PERSON OR ENTITY, FOR ANY CLAIM OR CAUSE OF ACTION, WHETHER ANY SUCH CLAIMS ARE MADE IN BREACH OF CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER SUCH CAUSE OF ACTION OR OTHERWISE THAT MAY BE RELATED TO, CONNECTED WITH OR THAT MAY OTHERWISE ARISE OUT OF THIS AGREEMENT SHALL BE LIMITED WITH RESPECT TO EACH MORTGAGE LOAN TRANSACTION FOR WHICH THE SOFTWARE, SERVICES, CONTENT PRODUCTS DISCLOSURES OR NETWORKS PROVIDED BY CUSTOMER ANY OTHER SERVICES OR OTHERS; SERVICE DEFECTSPRODUCTS WERE UTILIZED TO THE ACTUAL AMOUNTS PAID OR PAYABLE FOR THE SOFTWARE, SERVICE LEVELS, DELAYS OR INTERRUPTIONS SERVICES AND PRODUCTS USED IN CONNECTION WITH SUCH MORTGAGE LOAN TRANSACTION. IN NO EVENT WILL DX BE LIABLE TO YOU IN ANY AGGREGATE AMOUNT EXCEEDING FIVE THOUSAND DOLLARS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN$5,000.00); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.

Disclaimer of Warranties and Liability. AT&T MAKES NO DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, THE SENTINELONE SOLUTIONS ARE OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEACCURACY, NON-INFRINGEMENT INFRINGEMENT, OR THOSE ARISING FROM BY LAW, STATUTE, USAGE OF TRADE TRADE, OR COURSE OF DEALING. FURTHERYOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, AT&T MAKES NO WARRANTY TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATING TO: INTEROPERABILITYWHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE SOLUTIONS OR ACCESS TO INFORMATION, OR INTERCONNECTION THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE SERVICES WITH APPLICATIONSTHEORY OF LIABILITY (CONTRACT, EQUIPMENTTORT OR OTHERWISE), SERVICESEVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CONTENT OR NETWORKS THAT THEY ARE FORESEEABLE. SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED BY CUSTOMER FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION OR OTHERS; SERVICE DEFECTSBETA PURPOSES ONLY, SERVICE LEVELS, DELAYS SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED US $100. IN JURISDICTIONS WHERE THE EXCLUSION OR INTERRUPTIONS (EXCEPT FOR LIMITATION OF LIABILITY FOR SUCH EXPLICITLY SET FORTH CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF SENTINELONE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.

Disclaimer of Warranties and Liability. AT&T MAKES NO THE SOFTWARE AND THE DOCUMENTATION IS PROVIDED TO YOU ON AN AS IS BASIS WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU. NT-▇▇▇▇ HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR NON-STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES THERE IS NO WARRANTY THAT TELEPHONE CALLS THE SOFTWARE AND THE DOCUMENTATION DOES NOT INFRINGE THE RIGHTS OF OTHERS (WHETHER PATENT RIGHTS, COPYRIGHTS OR OTHER TRANSMISSIONS WILL OTHERS). TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NT-▇▇▇▇, NOR NT-▇▇▇▇ S SUBSIDIARIES AFFILIATES, LICENSORS, DISTRIBUTORS OR DEALERS SHALL BE ROUTED LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR COMPLETED WITHOUT ERROR OR INTERRUPTION INDIRECT DAMAGES OF ANY KIND (INCLUDING 911 CALLSWITHOUT LIMITATION LOSS OF PROFITS OR DATA OR PERSONAL INJURY), NOR ANY WARRANTY REGARDING NETWORK SECURITYHOWSOEVER ARISING WHETHER OR NOT NT-▇▇▇▇, NT-▇▇▇▇ S SUBSIDIARIES OR AFFILIATES, LICENSORS, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE ENCRYPTION EMPLOYED BY ANY SERVICEPOSSIBILITY OF SUCH DAMAGES, THE INTEGRITY OF ANY DATA THAT IS SENTAND NT-▇▇▇▇, BACKED UPNT-▇▇▇▇ S SUBSIDIARIES OR AFFILIATES, STORED LICENSORS, DISTRIBUTORS OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL DEALERS SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION CLAIM AGAINST YOU BY A THIRD PARTY ARISING OUT OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT USE OR NETWORKS PROVIDED BY CUSTOMER PERFORMANCE OF THE SOFTWARE OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR THE DOCUMENTATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION PERSONAL INJURY OR ERROR IN ROUTING FOR INCIDENTAL OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO OR THEFTYOU. You acknowledge that the SOFTWARE has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the SOFTWARE as described in the DOCUMENTATION meet your requirements. You acknowledge that the SOFTWARE may not be free of errors of bugs and you agree that the existence of any minor errors shall not constitute breach of this license. You further acknowledge that events beyond NT-▇▇▇▇ s conrot l may affect, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.limit or prevent the use or access to the SOFTWARE whether temporarily or permanently

Disclaimer of Warranties and Liability. AT&T QIE STANDARD IS PROVIDED TO LICENSEE "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. QVERA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT PURPOSE OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALINGUSE. FURTHER, AT&T MAKES NO WARRANTY QVERA DOES NOT WARRANT THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT PRODUCT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL QVERA'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED $US 50.00. IN NO EVENT SHALL QVERA BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION ARISING OUT OF THE SERVICES WITH APPLICATIONSUSE OF OR INABILITY TO USE THE QIE STANDARD, EQUIPMENTREGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, SERVICESTORT (INCLUDING NEGLIGENCE), CONTENT STRICT PRODUCT LIABILITY OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTSOTHERWISE, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY AND REGARDLESS OF WHETHER QVERA HAS BEEN GIVEN NOTICE OF THE POTENTIAL FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION LOSS OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFTDAMAGE. Some states or jurisdictions do not allow the exclusion of implied warranties, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMSso some of the above limitations may not apply to Licensee.