Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALMEDIA, IF APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY OTHERWISE PROVIDED IN THE PRODUCT MANUALTHIS AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH KIND TO YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMEXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, NONINFRINGEMENT INCLUDING, WITHOUT LIMITATION, ACTS OF THIRD PARTY RIGHTSGOVERNMENTAL AUTHORITIES, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGNATIONAL EMERGENCIES, USAGEINSURRECTION, WAR, OR TRADE PRACTICERIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ENJOYMENT ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE SOFTWARE; POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS TOTAL AMOUNT LOADED ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCARD. With your PIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUyou may use your Card to obtain cash from any Automated Teller Machine (“ATM”) that bears the Visa® , PULSE®, or MoneyPass® Acceptance ▇▇▇▇, or you may use the Card to withdraw funds over the counter at a financial institution that accepts debit cards bearing the applicable payment network brands on your Card, or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Visa® or PULSE® Acceptance ▇▇▇▇. Some of these services may not be available at all terminals. Using the Instant Financial App or by signing into your account at ▇▇▇.▇▇▇▇▇▇▇.▇▇, you may transfer funds from your Card Account to other accounts you maintain with another financial institution whenever you request. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM, a POS device or through a participating bank (over-the-counter withdrawal), in each case in one or more transactions. The maximum amount that may be withdrawn from a Domestic ATM per transaction is $1,000.00. The maximum amount that may be withdrawn from a domestic ATM per day is $1,000.00 Please note that each ATM owner may establish limits as to how much cash may be obtained from an ATM at a single time or through a single location. The combined maximum cumulative amount that may be withdrawn in any combination from a POS device and/or through a participating bank (over-the-counter withdrawal) per month is $10,000.00. Any funds withdrawn from a POS device or through a participating bank will be subject to the maximum amount that can be spent on your Card per day. If you seek to withdraw cash from a merchant POS device, please note that each merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location. This means that you may need to visit more than one merchant if you are seeking to withdraw cash in an amount which is less than or equal to the total limit above, but more than the limit established by the individual merchant. When you use an ATM not in the MoneyPass network, you may be charged a fee by the ATM operator for any network used and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. We are not responsible for such fee. The amount of the surcharge should be disclosed at the ATM. Any such surcharge will be deducted from the balance of the Card, along with the amount of the withdrawal performed at the ATM and the fees that apply in accordance with the Fee Schedule. Your balance can be viewed at no charge within the Instant Financial app at any time or by signing into your account at ▇▇▇.▇▇▇▇▇▇▇.▇▇.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ACRONIS SOFTWARE AND SERVICES AND ANY THIRD PARTY SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND SET FORTH ABOVE IN SECTION 7 AND TO THE PRODUCT MANUAL, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE ACRONIS SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ACRONIS AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND PERMITTED BY LAW ALL EXPRESS, IMPLIED OR IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE NON INFRINGEMENT OF DEALINGTHIRD PARTY RIGHTS BY FILTERING, USAGEDISABLING, OR TRADE PRACTICEREMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH IT IS AT YOUR ENJOYMENT OF OWN DISCRETION AND RISK THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE; . YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS. ACRONIS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYYOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR PARTIES AGREE THAT THE LIMITATIONS ON OF THIS SECTION ARE ESSENTIAL AND THAT LICENSEE WOULD NOT BE PERMITTED TO USE THE APPLICABLE STATUTORY RIGHTS SOFTWARE IF LICENSEE HAD NOT AGREED TO THESE TERMS. THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS ESSENTIAL PURPOSE.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY STATED IN THE PRODUCT MANUALTHIS SECTION, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH WE EXPRESSLY DISCLAIM ALL FAULTS, WITHOUT WARRANTY WARRANTIES AND CONDITIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, TERM AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT AND ANY WARRANTY ARISING BY STATUTE, NONINFRINGEMENT OPERATION OF THIRD PARTY RIGHTSLAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. WE MAKE NO, AND WARRANTIES SPECIFICALLY DISCLAIM ANY, WARRANTY OR REPRESENTATION THAT THE CLOUD SERVICE: (IF ANYA) ARISING WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAIL SAFE OR FREE OF VIRUSES; (B) WILL MEET YOUR BUSINESS REQUIREMENTS OR OPERATE WITH YOUR CURRENT SYSTEMS; (C) WILL COMPLY WITH ANY PARTICULAR LAW; OR (D) WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK OR OTHERWISE PROVIDE COMPLETE PROTECTION AGAINST ANY SECURITY THREATS VULNERABILITIES. YOU WILL NOT MAKE ANY REPRESENTATION OR OTHER STATEMENT OR UNDERTAKE ANY ACT OR OMISSION INCONSISTENT WITH THIS SECTION. YOU ASSUME TOTAL RESPONSIBILITY FOR THE SELECTION OF THE CLOUD SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR YOUR USE OF THE RESULTS OBTAINED FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICETHE CLOUD SERVICES. EA DOES WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE CLOUD SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT WILL APPLY TO YOUTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer of Warranties. EXCEPT FOR THE THIS LIMITED WARRANTY ON RECORDING MEDIA FOUND IN IS THE PRODUCT MANUALSOLE AND EXCLUSIVE WARRANTY GIVEN BY ENPHASE AND, AND EXCEPT TO THE FULLEST EXTENT PERMISSIBLE UNDER PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSOTHER WARRANTIES AND CONDITIONS, WITHOUT WARRANTY WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, ARISING BY LAW, COURSE OF ANY KINDDEALING, WITHOUT PERFORMANCE ASSURANCES COURSE OF PERFORMANCE, USAGE OF TRADE, OR GUARANTEES OTHERWISE (INCLUDING WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGENON-INFRINGEMENT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WARRANTIES AS TO THE ACCURACY, SUFFICIENCY OR SUITABILITY OF ANY TECHNICAL OR OTHER INFORMATION PROVIDED IN MANUALS OR OTHER DOCUMENTATION) SHALL BE LIMITED IN DURATION TO THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION DURATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A THIS LIMITED WARRANTY. SOME THE GRANT OF THIS LIMITED WARRANTY BY ENPHASE IS CONDITIONED UPON AGREEMENT BY THE COVERED OWNER TO THE TERMS, CONDITIONS AND REQUIREMENTS HEREIN. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTIES WARRANTY, OR THE FOR EXCLUSIONS OR LIMITATIONS ON LEGAL WARRANTIES. WHERE SUCH LAWS APPLY TO THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCOVERED OWNER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS OR LIMITATION MAY NOT APPLY TO YOUCOVERED OWNER, AND SUCH COVERED OWNER MAY HAVE ADDITIONAL RIGHTS. THIS LIMITED WARRANTY GIVES COVERED OWNER SPECIFIC LEGAL RIGHTS, AND COVERED OWNER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALMEDIA, IF APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. FOR ADDITIONAL INFORMATION RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO ▇▇▇▇://▇▇▇▇.▇▇.▇▇▇/au/article/origin- au-returns-and-cancellations/.

Disclaimer of Warranties. EXCEPT FOR AS PROVIDED IN SECTION 14 (LIMITED WARRANTY), THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALPRODUCT, SUPPORT, TRAINING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS ANY OTHER SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS- AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, . CCH AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY ITS VENDORS AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. ALL THIRD PARTY RIGHTSMATERIALS ARE PROVIDED AS-IS, AND WITHOUT WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGANY KIND. CCH MAKES NO WARRANTIES OF ANY KIND, USAGEEXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN ITS GATHERING OR REPRODUCING OF ANY MATERIAL IN THE PRODUCT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT AS TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF THE SOFTWARE; SAME. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDPRODUCT IS AT CUSTOMER’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA CCH OR ANY ITS AUTHORIZED REPRESENTATIVE REPRESENTATIVES SHALL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF CCH’s OBLIGATIONS HEREUNDER. CCH IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICE. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A WARRANTYCOMPETENT PROFESSIONAL SHOULD BE SOUGHT. SOME JURISDICTIONS CUSTOMER ASSUMES ALL RESPONSIBILITY WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE PRODUCT. CUSTOMER AGREES THAT THE PRODUCT IS NOT INTENDED TO REPLACE CUSTOMER’S PROFESSIONAL SKILL AND JUDGMENT AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL. THE EFFACTS SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE INTERNET. CUSTOMER ACKNOWLEDGES AND AGREES THAT CCH AND ITS VENDORS AND LICENSORS DO NOT ALLOW OPERATE OR CONTROL THE EXCLUSION INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CUSTOMER’S DATA, WEB- SITES, COMPUTERS, OR NETWORKS. CCH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH ACTIVITIES. ADDITIONALLY, NOR SHALL ANY SUCH ACTIVITIES CONSTITUTE A BREACH BY CCH OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS ITS OBLIGATIONS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCONFIDENTIALITY HEREUNDER.

Disclaimer of Warranties. EXCEPT FOR THE THIS LIMITED WARRANTY ON RECORDING MEDIA FOUND IN IS THE PRODUCT MANUALSOLE AND EXCLUSIVE WARRANTY GIVEN BY ENPHASE AND, AND EXCEPT TO THE FULLEST EXTENT PERMISSIBLE UNDER PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSOTHER WARRANTIES AND CONDITIONS, WITHOUT WARRANTY WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, ARISING BY LAW, COURSE OF ANY KINDDEALING, WITHOUT COURSE OF PERFORMANCE ASSURANCES USAGE OF TRADE, OR GUARANTEES OTHERWISE (INCLUDING WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGENON-INFRINGEMENT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WARRANTIES AS TO THE ACCURACY, SUFFICIENCY OR SUITABILITY OF ANY TECHNICAL OR OTHER INFORMATION PROVIDED IN MANUALS OR OTHER DOCUMENTATION) SHALL BE LIMITED IN DURATION TO THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION DURATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A THIS LIMITED WARRANTY. SOME THE GRANT OF THIS LIMITED WARRANTY BY ENPHASE IS CONDITIONED UPON AGREEMENT BY THE COVERED OWNER TO THE TERMS, CONDITIONS AND REQUIREMENTS HEREIN. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION EXCLUSIONS ON THE DURATION OF AN IMPLIED WARRANTY OR FOR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR LEGAL WARRANTIES. WHERE SUCH LAWS APPLY TO THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCOVERED OWNER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS OR LIMITATION MAY NOT APPLY TO YOUCOVERED OWNER, AND SUCH COVERED OWNER MAY HAVE ADDITIONAL RIGHTS. THIS LIMITED WARRANTY GIVES COVERED OWNER SPECIFIC LEGAL RIGHTS, AND COVERED OWNER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Warranties. Except as expressly set forth in Section 6.01 and subject to the limitations in ARTICLE VIII, the Parties acknowledge and agree that the Services are provided on an as-is, where-is basis, that each Recipient assumes all risks and liability arising from or relating to its use of and reliance upon the Services and each Provider makes no representation or warranty with respect thereto. EXCEPT FOR AS EXPRESSLY SET FORTH HEREIN, EACH PROVIDER HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALSERVICES, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES WHETHER EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING IMPLIED WARRANTIES OF CONDITIONANY REPRESENTATION OR WARRANTY IN REGARD TO QUALITY, UNINTERRUPTED USEPERFORMANCE, COMMERCIAL UTILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSEPURPOSE OR USE, NONINFRINGEMENT TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS, THE RESULTS TO BE OBTAINED FROM SUCH SERVICES OR ARISING FROM COURSE OF THIRD PARTY RIGHTSPERFORMANCE, DEALING, USAGE OR TRADE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE EACH RECIPIENT, ON ITS BEHALF AND ON BEHALF OF DEALINGALL OF ITS AFFILIATES, USAGE, HEREBY ACKNOWLEDGES SUCH DISCLAIMER AND RECIPIENT SPECIFICALLY DISCLAIMS THAT IT IS RELYING UPON OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED HAS RELIED UPON ANY SUCH REPRESENTATION OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO PROVIDER NOR ANY OF ITS AFFILIATES GUARANTEES OR WARRANTS THE EXCLUSION CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY DATA OR LIMITATIONS ON IMPLIED WARRANTIES OTHER INFORMATION PROVIDED TO ANY RECIPIENT OR ITS AFFILIATES OR ITS REPRESENTATIVES IN CONNECTION WITH THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSERVICES.

Disclaimer of Warranties. 6.1. The foregoing warranties and remedies are exclusive. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND EXPRESS WARRANTIES PROVIDED IN THE PRODUCT MANUALSECTIONS 5.1 AND 5.2 OF THIS AGREEMENT, AND SAGE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PROGRAM AND ANY SERVICES FURNISHED IN CONNECTION WITH THIS AGREEMENT. SAGE DOES NOT WARRANT THAT THIS SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSFREE OF BUGS, WITHOUT WARRANTY OF VIRUSES, IMPERFECTIONS, ERRORS, OR OMISSIONS. SAGE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES WITHOUT LIMITATION: (A) OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, ; (B) FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ; (C) OF THIRD PARTY RIGHTS, AND WARRANTIES NON-INFRINGEMENT; OR (IF ANYD) ARISING FROM A COURSE OF DEALINGPERFORMANCE, USAGECOURSE OF DEALING OR USAGE OF TRADE. IF YOU ARE ACTING AS A CONSUMER, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS FOREGOING MAY NOT APPLY TO YOU. 6.2. SAGE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE OPERATION OF THE PROGRAM ON OTHER THAN THE COMPUTER AND OPERATING SYSTEM IDENTIFIED IN THE DOCUMENTATION, ACTS OF ABUSE OR MISUSE BY YOU OR MODIFICATIONS OR UNAUTHORIZED REPAIRS. SAGE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE PROGRAM OR ANY OTHER ITEMS OR SERVICES PROVIDED BY SAGE. 6.3. You acknowledge that any data entry, conversion or storage is subject to the likelihood of human and machine errors, malicious manipulation, omissions, delays, and losses, including, but not limited to, inadvertent loss of data or damage to media that may result in loss or damage to You and/or Your property, and/or Your detrimental reliance on maliciously manipulated data. Sage shall not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, adopting procedures to ensure the accuracy of input data, examining and confirming results prior to use, adopting procedures to identify and correct errors and omissions, replacing lost or damaged media, and reconstructing data. If You licensed a Student Version, You acknowledge and understand that: (a) the Student Version may be used for educational purposes only; and (b) that the Student Version shall be operable only for fourteen (14) months. If You licensed a Trial Version, You acknowledge and understand that: (x) the Trial Version may be used for evaluation purposes only; (y) the Trial Version shall be operable only for thirty (30) days; and (z) upon expiration of the Trial Period, any data or other information used with, processed by and/or stored in conjunction with the Trial Version may be converted if You upgrade to the full retail product. 6.4. Any Sage Solution Provider or Certified Consultant or any reseller, installer or consultant is not affiliated with Sage in any capacity other than as a reseller, installer or consultant of Sage’s products and has no authority to bind Sage or modify any license or warranty. Sage makes no representations, warranty, endorsement, or guarantee with respect to the skills or qualifications of any Sage Solution Provider or Certified Consultant or any reseller, installer or consultant and You are encouraged to independently investigate their skills and qualifications.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “AS IS,” ”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “EAAPPLE” FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE APPLE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER THIRD PARTY SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ACRONIS SOFTWARE AND SERVICES AND ANY THIRD PARTY SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SET FORTH ABOVE 7 AND TO THE PRODUCT MANUAL, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE ACRONIS SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ACRONIS AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND PERMITTED BY LAW ALL EXPRESS, IMPLIED OR IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT IS AT YOUR OWN DISCRETION AND RISK, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, THAT YOU DOWNLOAD AND/OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF USE THE SOFTWARE; . YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS. ACRONIS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERYOU MAY HAVE OTHER WARRANTY RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS WHICH MAY VARY FROM STATE TO STATE AND LIMITATIONS MAY NOT APPLY COUNTRY TO YOUCOUNTRY.

Disclaimer of Warranties. EXCEPT FOR YOU ACKNOWLEDGE AND AGREE THAT: WE ARE AN INDEPENDENT CONTRACTOR AND NOT A FIDUCIARY OF YOU; YOU HAVE SELECTED THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWLICENSED SOFTWARE, THE SOFTWARE SUPPLIER AND, IF APPLICABLE, THE SOFTWARE LICENSOR BASED UPON YOUR OWN JUDGMENT; YOU AFFIRMATIVELY DISCLAIM RELIANCE ON ANY ORAL STATEMENTS OR REPRESENTATIONS CONCERNING THE LICENSED SOFTWARE MADE TO YOU; THE LICENSED SOFTWARE IS PROVIDED OF A DESIGN, SIZE, FITNESS AND CAPACITY SELECTED BY YOU AND THAT THE SAME IS SUITABLE AND FIT FOR YOUR PURPOSES; WE DO NOT MAKE, HAVE NOT MADE, NOR SHALL BE DEEMED TO YOU “AS IS,” WITH ALL FAULTSMAKE OR HAVE MADE, WITHOUT ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES IMPLIED, WITH RESPECT TO THE LEGAL, TAX OR ACCOUNTING TREATMENT OF ANY KINDTHIS AGREEMENT OR THE LICENSED SOFTWARE. YOU WILL OBTAIN YOUR OWN LEGAL, TAX AND ACCOUNTING ADVICE RELATED TO, AND MAKE YOUR USE IS AT YOUR SOLE RISKOWN DETERMINATION OF THE PROPER ACCOUNTING TREATMENT OF, THIS AGREEMENT AND THE AGREEMENT. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, WE SHALL HAVE NO LIABILITY TO YOU OR TO ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSFOR ANY DIRECT, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGINDIRECT, USAGEINCIDENTAL, SPECIAL OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF CONSEQUENTIAL DAMAGES RELATING TO THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER LICENSED SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIS AGREEMENT.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, LICENSED MATERIALS ARE PROVIDED BY NVIDIA AS-IS AND WITH ALL FAULTS. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH NVIDIA DISCLAIMS ALL FAULTS, WITHOUT WARRANTY WARRANTIES AND REPRESENTATIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING IMPLIED RELATING TO OR ARISING UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITIONTITLE, UNINTERRUPTED USENONINFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT USAGE OF THIRD PARTY RIGHTS, TRADE AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA NVIDIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY THIRD-PARTY INFORMATION, TEXT, GRAPHICS, LINKS CONTAINED IN THE SOFTWARE; LICENSED MATERIALS. WITHOUT LIMITING THE FOREGOING, NVIDIA DOES NOT WARRANT THAT THE SOFTWARE LICENSED MATERIALS WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE , ANY DEFECTS OR ERRORS WILL BE UNINTERRUPTED OR ERROR- FREECORRECTED, ANY CERTAIN CONTENT WILL BE AVAILABLE, OR THAT THE SOFTWARE WILL INTEROPERATE LICENSED MATERIALS ARE FREE OF VIRUSES OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDHARMFUL COMPONENTS. NO ORAL INFORMATION OR WRITTEN ADVICE GIVEN BY NVIDIA WILL IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY EXPRESSLY PROVIDED BY EA IN THIS AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE LICENSED MATERIALS, DERIVATIVES OR OUTPUT AND ASSUME ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL RISKS ASSOCIATED WITH YOUR USE OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULICENSED MATERIALS, DERIVATIVES OR OUTPUT.

Disclaimer of Warranties. EXCEPT FOR a. BIZAGI SOFTWARE MAY BE INCOMPLETE AND MAY CONTAIN INACCURACIES OR ERRORS THAT COULD CAUSE FAILURES OR LOSS OF DATA. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SOFTWARE IS AT YOUR SOLE RISK AND THAT THE PRODUCT MANUALENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. b. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND BIZAGI AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA ▇▇▇▇▇▇ DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA ▇▇▇▇▇▇ OR ANY A BIZAGI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW SHOULD THE EXCLUSION SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCORRECTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AS EXPRESSLY SET FORTH HEREIN AND SUBJECT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWLIMITATIONS IN SECTION 8.08, THE SOFTWARE PARTIES ACKNOWLEDGE AND AGREE THAT THE SERVICES AND GE DIGITAL OFFERINGS ARE PROVIDED AS-IS PROVIDED TO YOU AND “AS IS,” WITH ALL FAULTS”, WITHOUT THAT ▇▇▇▇▇ ▇▇▇▇▇▇ ASSUMES ALL RISKS AND LIABILITY ARISING FROM OR RELATING TO ITS USE OF AND RELIANCE UPON THE SERVICES AND GE DIGITAL OFFERINGS AND GE DIGITAL MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDWITH RESPECT THERETO. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WITHOUT PERFORMANCE ASSURANCES GE DIGITAL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES AND GE DIGITAL OFFERINGS, WHETHER EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY ANY REPRESENTATION OR WARRANTY IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ▇▇▇▇▇ ▇▇▇▇▇▇ HEREBY ACKNOWLEDGE SUCH DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND SUBJECT TO THE LIMITATIONS IN SECTION 8.08, NONINFRINGEMENT THE PARTIES ACKNOWLEDGE AND AGREE THAT ▇▇▇▇▇ ▇▇▇▇▇▇ CONTENT IS PROVIDED AS-IS AND “WITH ALL FAULTS”, THAT GE DIGITAL ASSUMES ALL RISKS AND LIABILITY ARISING FROM OR RELATING TO ITS USE OF THIRD PARTY RIGHTSAND RELIANCE UPON ▇▇▇▇▇ ▇▇▇▇▇▇ CONTENT, EXCEPT FOR GE DIGITAL’S RELIANCE UPON THE ▇▇▇▇▇ ▇▇▇▇▇▇ CONTENT TO MEET ITS OBLIGATIONS TO ▇▇▇▇▇ ▇▇▇▇▇▇, AND ▇▇▇▇▇ ▇▇▇▇▇▇ MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ▇▇▇▇▇ ▇▇▇▇▇▇ HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (IF ANY) ARISING FROM REGARDING ▇▇▇▇▇ ▇▇▇▇▇▇ CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY IN REGARD TO QUALITY, PERFORMANCE, NONINFRIGNEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS PARTICULAR PURPOSE AND LIMITATIONS MAY NOT APPLY TO YOUGE DIGITAL HEREBY ACKNOWLEDGE SUCH DISCLAIMER.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE SOFWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS OTHERWISE EXPRESSLY SET FORTH IN THE PRODUCT MANUALTHIS AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWNEITHER PARTY MAKES ANY OTHER WARRANTIES CONCERNING LICENSED IP, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSIMPROVEMENTS OR ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMLIMITATION, ANY AND ALL EXPRESS, IMPLIED EXPRESS OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD PARTY RIGHTSRIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE EACH PARTY DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. VISTAGEN MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF DEALING, USAGE, UHN PATENT RIGHTS OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEIMPROVEMENT PATENT RIGHTS, OR THAT THE SOFTWARE WILL INTEROPERATE ANY LICENSED PRODUCT SHALL BE FREE FROM AN INFRINGEMENT ON PATENTS OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY INTELLECTUAL PROPERTY RIGHTS OF A CONSUMERTHIRD PARTIES. FURTHER, SO SOME VISTAGEN HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE UHN PATENT RIGHTS OR ALL IMPROVEMENT PATENT RIGHTS ARE SUITABLE FOR APOLLO’S PURPOSES. ___________________ ***** VISTAGEN THERAPEUTICS, INC. HAS REQUESTED THAT THE OMITTED PORTIONS OF THIS DOCUMENT, WHICH ARE INDICATED BY [*****], BE AFFORDED CONFIDENTIAL TREATMENT. VISTAGEN THERAPEUTICS, INC. HAS SEPARATELY FILED THE OMITTED PORTIONS OF THE ABOVE EXCLUSIONS DOCUMENT WITH THE SECURITIES AND LIMITATIONS MAY NOT APPLY TO YOUEXCHANGE COMMISSION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE OF THE LIFE360 SERVICES IS AT YOUR SOLE RISK. EXCEPT AS SET OUT IN THESE TERMS OF SERVICE AND THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKELIFE360 LIMITED WARRANTY, AND HEREBY DISCLAIMAS PERMITTED BY APPLICABLE LAWS, THE LIFE360 SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY AND ALL KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, NON-INFRINGEMENT AND WARRANTIES (IF ANY) THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALINGDEALING OR USAGE OF TRADE. EXCEPT AS SET OUT IN THE SECTION ABOVE TITLED “RETURN POLICY”, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF COMPANY MAKES NO WARRANTY AND THERE ARE NO CONDITIONS THAT (I) THE SOFTWARE; THAT THE SOFTWARE LIFE360 SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; , (II) THE LIFE360 SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT OPERATION MAY BE OBTAINED FROM THE USE OF THE SOFTWARE LIFE360 SERVICES AND PRODUCTS WILL BE UNINTERRUPTED ACCURATE OR ERROR- FREERELIABLE, OR THAT (IV) THE SOFTWARE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LIFE360 SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUMEET YOUR EXPECTATIONS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY STATED IN THE PRODUCT MANUALTHIS SECTION, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH MCAFEE EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY WARRANTIES AND CONDITIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, TERM AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. MCAFEE MAKES NO WARRANTY OR REPRESENTATION THAT THE CLOUD SERVICE: (A) WILL BE UNINTERRUPTED, NONINFRINGEMENT COMPLETELY SECURE, ERROR-FREE, FAILSAFE OR FREE OF THIRD PARTY RIGHTSVIRUSES; (B) WILL MEET COMPANY’S BUSINESS REQUIREMENTS OR OPERATE WITH COMPANY’S CURRENT SYSTEMS; (C) WILL COMPLY WITH ANY PARTICULAR LAW; OR (D) WILL PROVIDE COMPLETE PROTECTION AGAINST ANY SECURITY THREATS VULNERABILITIES. NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE SECURE. MCAFEE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGENETWORKS, OR TRADE PRACTICESYSTEMS OUTSIDE MCAFEE’S CONTROL. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT COMPANY IS RESPONSIBLE FOR MAINTAINING THE SECURITY OF ITS NETWORKS, SERVERS, APPLICATIONS AND ACCESS CODES. CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE; THAT THE SOFTWARE INTERNET AND ELECTRONIC COMMUNICATIONS. MCAFEE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, LOSS OF COMPANY DATA OR DAMAGES RESULTING FROM THOSE PROBLEMS. COMPANY WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED NOT MAKE ANY REPRESENTATION OR ERROR- FREE, OTHER STATEMENT OR THAT THE SOFTWARE WILL INTEROPERATE UNDERTAKE ANY ACT OR BE COMPATIBLE OMISSION INCONSISTENT WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIS SECTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, YOU EXPRESSLY UNDERSTAND AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND AGREE THAT: (a) YOUR USE OF THE API AND THE SERVICE IS AT YOUR SOLE RISK. THE ENTIRE RISK API AND THE SERVICE ARE EACH PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECT TRANSFER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEANY KIND, AND HEREBY DISCLAIMWHETHER EXPRESS OR IMPLIED, ANY AND ALL EXPRESSINCLUDING, IMPLIED OR STATUTORY WARRANTIESWITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, PURPOSE AND WARRANTIES NON-INFRINGEMENT. (IF ANYb) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DIRECT TRANSFER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THAT (i) THE SOFTWARE; THAT API OR THE SOFTWARE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; THAT (ii) THE OPERATION OF THE SOFTWARE API OR THE SERVICE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE KNOWN OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY DISCOVERED ERRORS IN THE SOFTWARE WILL BE CORRECTED. ; OR (iii) WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE OR (iv) WILL MEET YOUR EXPECTATIONS. (c) DIRECT TRANSFER IS NOT RESPONSIBLE FOR ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE API OR THE SERVICE, ALL OF WHICH IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN ADVICE PROVIDED WRITTEN, OBTAINED BY EA YOU FROM DIRECT TRANSFER 'S EMPLOYEES OR ANY AUTHORIZED REPRESENTATIVE AGENTS, OR THROUGH OR FROM THE USE OF THE API OR SERVICE, SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO ANY WARRANTY NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUEXPRESSLY STATED IN THIS AGREEMENT.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN THE TRANSACTION DOCUMENTS, MODERNIZING MEDICINE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MODERNIZING MEDICINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, ANY PRODUCTS OR FEATURES IN CONNECTION WITH THE SOFTWARE,THE EMA SERVICES AND SOW SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, DATA, PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE SOFTWARE, REMAINS WITH THE MEDICAL PRACTICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MODERNIZING MEDICINE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SOFTWARE AND ANY PRODUCT(S), GOOD(S), INFORMATION, DATA OR MATERIALS PROVIDED BY MODERNIZING MEDICINE AS PART OF THE PRODUCT MANUALSOFTWARE, EMA SERVICES OR SOW SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, THE MODERNIZING MEDICINE IP, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE ANY EMA SERVICE OR SOW SERVICE IS PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONINFRINGEMENT. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF THIRD PARTY RIGHTSANY KIND, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, EITHER EXPRESS OR TRADE PRACTICEIMPLIED. EA MODERNIZING MEDICINE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR MAKE ANY REPRESENTATION REGARDING (A) THE USE OR THE RESULTS OF THE USE OF ITS SOFTWARE; , WEBSITES OR ANY THIRD PARTY WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR (B) THE ACCURACY OF CODES, IMAGES, INFORMATION OR OTHER DATA PROVIDED BY THE SOFTWARE, EMA SERVICES OR SOW SERVICES. THE CLINICAL INFORMATION PROVIDED BY THE SOFTWARE, EMA SERVICES AND SOW SERVICES IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF PHYSICIANS, PHYSICIAN EXTENDERS OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE CONSTRUED TO INDICATE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT DRUG OR DRUG COMBINATION OR OTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY GIVEN PATIENT. MODERNIZING MEDICINE IS NOT A HEALTH PLAN, HEALTH CARE PROVIDER OR PRESCRIBER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MODERNIZING MEDICINE DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SOFTWARE, ITS WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. MEDICAL PRACTICE ASSUMES THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS IN CONNECTION WITH THE EMA SERVICE, SOW SERVICE AND MEDICAL PRACTICE’S USE OF THE SOFTWARE WILL IN CONNECTION WITH MEDICAL PRACTICE’S HARDWARE. MODERNIZING MEDICINE SHALL NOT BE UNINTERRUPTED LIABLE FOR ANY DAMAGE CAUSED BY THE INTERACTION OF THE SOFTWARE WITH ANY DEVICE OR ERROR- FREEANY INFORMATION TECHNOLOGY INFRASTRUCTURE OF MEDICAL PRACTICE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NEITHER MODERNIZING MEDICINE NOR ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE OR ANY FEATURES OR PRODUCTS IN CONNECTION WITH THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. MEDICAL PRACTICE ACKNOWLEDGES THAT MODERNIZING MEDICINE MAY USE THIRD PARTY WEBSITES, THIRD PARTY HELP DESK SYSTEMS AND OTHER THIRD PARTY SERVICES TO PROVIDE CERTAIN SUPPORT SERVICES AND ONLINE FORUMS TO MEDICAL PRACTICE. MEDICAL PRACTICE UNDERSTANDS THAT SUCH THIRD PARTY WEBSITES, THIRD PARTY HELP DESK SYSTEMS, ONLINE FORUMS AND OTHER THIRD PARTY SERVICES MAY NOT MEET THE REQUIREMENTS FOR THE PROTECTION OF PROTECTED HEALTH INFORMATION (AS DEFINED IN THE BUSINESS ASSOCIATE ADDENDUM) SET FORTH IN APPLICABLE LAWS AND REGULATIONS, INCLUDING, WITHOUT LIMITATION, HIPAA AND THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT. MEDICAL PRACTICE AGREES THAT IT SHALL NOT, AND IT SHALL CAUSE ITS USERS TO NOT, SUBMIT ANY PROTECTED HEALTH INFORMATION (A) TO MODERNIZING MEDICINE OUTSIDE OF MODERNIZING MEDICINE’S PROPRIETARY WEB-BASED SOFTWARE MARKETED UNDER THE NAME ELECTRONIC MEDICAL ASSISTANT OR EMA (“EMA”), INCLUDING BUT NOT LIMITED TO EMAIL TRANSMISSIONS, SUBMISSIONS TO ANY ONLINE FORUM MADE AVAILABLE BY MODERNIZING MEDICINE TO ITS CUSTOMERS, AND SUBMISSIONS THROUGH ANY SUPPORT WEBSITE, PORTAL, OR ONLINE HELP DESK OR SIMILAR SERVICE MADE AVAILABLE BY MODERNIZING MEDICINE OUTSIDE OF EMA; OR (B) DIRECTLY TO ANY THIRD PARTY INVOLVED IN THE PROVISION OF AN ONLINE FORUM, EMAIL, SUPPORT WEBSITE, ONLINE HELP DESK OR OTHER SERVICE DESCRIBED IN (A), ABOVE. REPEATED VIOLATIONS OF THIS REPRESENTATION BY MEDICAL PRACTICE WILL INTEROPERATE ENTITLE MODERNIZING MEDICINE, IN MODERNIZING MEDICINE’S SOLE DISCRETION, TO RESTRICT MEDICAL PRACTICE’S ACCESS TO SUCH THIRD PARTY SERVICES AND/OR BE COMPATIBLE WITH TAKE ANY OTHER SOFTWARE ACTIONS REQUIRED OR THAT PERMITTED BY THE BUSINESS ASSOCIATE ADDENDUM IN CONNECTION WITH SUCH VIOLATIONS. IF MODERNIZING MEDICINE PROVIDES ANY ERRORS IN IPADS TO MEDICAL PRACTICE THEN (I) EACH IPAD IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM DEFECTS OR NONINFRINGEMENT, (II) THE LIMITATIONS ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF EACH IPAD REMAINS WITH THE MEDICAL PRACTICE, (III) MODERNIZING MEDICINE EXPRESSLY DISCLAIMS ANY WARRANTY FOR EACH IPAD, (IV) MODERNIZING MEDICINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO EACH IPAD, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM DEFECTS OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND (V) MODERNIZING MEDICINE FURTHER DISCLAIMS ANY LIABILITY FOR MEDICAL PRACTICE DATA STORED ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUANY IPAD.

Disclaimer of Warranties. EXCEPT FOR MEMBER ACKNOWLEDGES THAT THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE SERVICE IS PROVIDED TO YOU “ON AN "AS IS,” WITH " AND "AS AVAILABLE" BASIS. THE CREDIT UNION IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM YOUR USE OF THE SERVICE. THE CREDIT UNION MAKES NO AND EXPRESSLY DISCLAIMS ALL FAULTSWARRANTIES, WITHOUT EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING THE WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, TITLE AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, PURPOSE AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENONINFRINGEMENT. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WITHOUT LIMITING THE GENERALITY OF THE SOFTWARE; FOREGOING, THE CREDIT UNION DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS; OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). MEMBER FURTHER ACKNOWLEDGES THAT OPERATION THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. MEMBER HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOING. Credit Union's Liabilities a. Direct Damages. THE CREDIT UNION'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY MEMBER AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF THE SOFTWARE WILL BE UNINTERRUPTED CREDIT UNION'S GROSS NEGLIGENCE OR ERROR- FREE, OR WILLFUL MISCONDUCT; PROVIDED THAT THE SOFTWARE MAXIMUM AGGREGATE LIABILITY OF THE CREDIT UNION RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED ONE HUNDRED DOLLARS. IN NO EVENT SHALL THE CREDIT UNION BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS WHETHER OR NOT THE CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE CREDIT UNION'S LICENSORS OR SUPPLIERS WILL INTEROPERATE OR NOT BE COMPATIBLE SUBJECT TO ANY LIABILITY TO MEMBER IN CONNECTION WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDMATTER. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYYour Duty to Report Errors. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERYou will notify Credit Union of any errors, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUomissions, or interruptions in, or delay or unavailability of, the Services as promptly as practicable, and in any event within one business day after the earliest of discovery thereof, or the date discovery should have occurred through the exercise of reasonable care, and, in the case of any error, within fourteen (14) days of the date of the earliest notice to you which reflects the error. Your failure to notify Credit Union of any error, omission, or other discrepancy within seven (7) days from the date of a loss shall relieve Credit Union of any liability for such error, omission, or discrepancy.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE EACH DIGITAL WALLET IS PROVIDED TO BY THE APPLICABLE DIGITAL WALLET PROVIDER AND OTHER THIRD PARTIES THAT SUPPORT SUCH DIGITAL WALLET PROVIDER. YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE CARD IN A DIGITAL WALLET IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEYOU UNDERSTAND THAT WE NEITHER CONTROL NOR ENDORSE, AND HEREBY DISCLAIMARE NEITHER RESPONSIBLE NOR LIABLE FOR: (A) ANY DIGITAL WALLET OR SERVICES PROVIDED BY ANY DIGITAL WALLET PROVIDER; (B) ANY ACT OR OMISSION OF A DIGITAL WALLET PROVIDER OR ANY PARTY SUPPORTING A DIGITAL WALLET OR ANY MERCHANT; (C) SUPPORTED DEVICES, INCLUDING THEIR OPERATION; OR (D) ANY ACT OR OMISSION OF ANY OTHER THIRD PARTY. FURTHER, WE ARE NOT RESPONSIBLE FOR THE ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS, RELIABILITY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS OR SAFETY OF ANY THIRD-PARTY INFORMATION OR DIGITAL WALLET. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND ALL CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NONINFRINGEMENT OF THIRD THIRD-PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES OUR AUTHORIZED REPRESENTATIVES DO NOT WARRANT AGAINST INTERFERENCE INTERFERENCE, DELAY, INTERRUPTION OR DISRUPTION WITH YOUR ENJOYMENT USE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE ANY CARD IN CONNECTION WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDA DIGITAL WALLET. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA US, ANY OF OUR AUTHORIZED REPRESENTATIVES OR ANY AUTHORIZED REPRESENTATIVE SHALL THIRD PARTY WILL CREATE A ANY WARRANTY. SOME JURISDICTIONS DO THE ACCESS, USE AND MAINTENANCE OF A CARD WITHIN A DIGITAL WALLET ALSO DEPENDS ON THE DIGITAL WALLET SERVICES AND PROVIDERS AND THE NETWORKS OF WIRELESS CARRIERS. WE WILL NOT ALLOW BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE EXCLUSION FUNCTIONING OF ANY CARD, INCLUDING UNAVAILABILITY OF A DIGITAL WALLET SERVICE OR WIRELESS SERVICE, NETWORK DELAYS, LIMITATIONS ON IMPLIED WARRANTIES WIRELESS COVERAGE, SYSTEM OUTAGES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS INTERRUPTION OF A CONSUMERWIRELESS CONNECTION. WE DISCLAIM ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS, SO SOME USE OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUMAINTAIN A CARD WITHIN A DIGITAL WALLET.

Disclaimer of Warranties. EXCEPT FOR THE THIS LIMITED WARRANTY ON RECORDING MEDIA FOUND IN IS THE PRODUCT MANUALSOLE AND EXCLUSIVE WARRANTY GIVEN BY ENPHASE AND, AND EXCEPT TO THE FULLEST EXTENT PERMISSIBLE UNDER PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSOTHER WARRANTIES AND CONDITIONS, WITHOUT WARRANTY WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, ARISING BY LAW, COURSE OF ANY KINDDEALING, WITHOUT COURSE OF PERFORMANCE ASSURANCES USAGE OF TRADE, OR GUARANTEES OTHERWISE (INCLUDING WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGENON-INFRINGEMENT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WARRANTIES AS TO THE ACCURACY, SUFFICIENCY OR SUITABILITY OF ANY TECHNICAL OR OTHER INFORMATION PROVIDED IN MANUALS OR OTHER DOCUMENTATION) SHALL BE LIMITED IN DURATION TO THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION DURATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A THIS LIMITED WARRANTY. SOME THE GRANT OF THIS LIMITED WARRANTY BY ENPHASE IS CONDITIONED UPON AGREEMENT BY THE COVERED OWNER TO THE TERMS, CONDITIONS AND REQUIREMENTS HEREIN. THE LAWS OF CERTAIN JURISDICTIONS DO MAY CONFER GREATER OR ADDITIIONAL RIGHTS ON THE COVERED OWNER, INCLUDING, BUT NOT ALLOW LIMITED TO, PROHIBITING LIMITATIONS ON THE DURATION OF A WARRANTY OR PROHIBITING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN STATUTORY WARRANTIES. WHERE SUCH LAWS APPLY TO THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCOVERED OWNER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS OR LIMITATION MAY NOT APPLY TO YOUCOVERED OWNER, AND SUCH COVERED OWNER MAY HAVE ADDITIONAL RIGHTS. THIS LIMITED WARRANTY GIVES COVERED OWNER SPECIFIC LEGAL RIGHTS, AND COVERED OWNER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS SOFTWARE, THE GAME AND ALL OTHER SERVICES PROVIDED BY HARMONIX ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA HARMONIX AND EAHARMONIX’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA HARMONIX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARESOFTWARE OR THE GAME; THAT THE SOFTWARE OR THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE OR THE GAME WILL BE UNINTERRUPTED UNINTERRUPTED, VIRUS-FREE OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE OR THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA HARMONIX, AN OPERATOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS OTHERWISE SET FORTH IN THE PRODUCT MANUALSECTION 7, AND GP MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWSECURITY REQUIREMENTS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSPROCESS BY WHICH GP TESTS AND APPROVES ANY PRODUCT OR LABORATORY OR AUDITOR. IN PARTICULAR, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, GP EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED (1) WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ; AND (2) WARRANTIES THAT THE SECURITY REQUIREMENTS DO NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS, KNOW HOW OR OTHER INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES SHOULD A CERTIFICATE FROM GP, WHEN ISSUED, BE CONSTRUED TO IMPLY ANY ENDORSEMENT OR WARRANTY REGARDING THE SECURITY, FUNCTIONALITY, QUALITY, OR PERFORMANCE OF ANY PARTICULAR PRODUCT OR SERVICE, AND VENDOR SHALL NOT STATE OR IMPLY ANYTHING TO THE CONTRARY. GP SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES (IF ANY) ARISING FROM WITH RESPECT TO PRODUCTS AND SERVICES THAT HAVE RECEIVED A COURSE CERTIFICATE AND TO EVALUATION PROCESS GENERALLY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF DEALINGMERCHANTABILITY, USAGEFITNESS FOR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PROVIDED AT ALL, ALL REPRESENTATIONS, WARRANTIES, RIGHTS AND REMEDIES RELATING TO PRODUCTS AND SERVICES THAT HAVE RECEIVED A CERTIFICATE OR RESTRICTED CERTIFICATE ARE PROVIDED SOLELY BY THE PARTIES SELLING OR OTHERWISE PROVIDING SUCH PRODUCTS OR SERVICES, AND NOT BY GP, AND GP ACCEPTS NO LIABILITY WHATSOEVER IN CONNECTION WITH SUCH PRODUCTS AND SERVICES. UNLESS OTHERWISE AGREED IN WRITING BY GP, THIS DOCUMENT AND MATTER CONTAINED HEREIN, INCLUDING ALL PRODUCTS AND SERVICES CONTEMPLATED BY THIS DOCUMENT ARE PROVIDED ON AN "AS-IS" BASIS, "WITH ALL FAULTS" AND WITH NO WARRANTIES WHATSOEVER, AND GP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR TRADE PRACTICENONINFRINGEMENT. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWAREIn addition, Vendor acknowledges that it (i) has no expectation and has received no assurances that any Certificate or Restricted Certificate will be issued by GP with respect to any Product or that any investment by Vendor in the design, development, production, or promotion of the Product will be recovered or recouped, or that Vendor will obtain any anticipated amount of revenue or profits by virtue of this Agreement; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEand (ii) will not have or acquire by virtue of this Agreement or otherwise any vested, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUproprietary or other right in the promotion of the Product or in "goodwill" created by Vendor's efforts hereunder.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE SITE, INCLUDING ALL TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, ,” AND YOUR USE IS AT YOUR SOLE RISK. “AS AVAILABLE” AND THE ENTIRE RISK OF SATISFACTORY QUALITY USE AND PERFORMANCE RESIDES PERFORMANCE, REMAINS WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO SPD DOES NOT MAKEMAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM, DISCLAIMS ANY AND ALL EXPRESSWARRANTIES WITH RESPECT TO THE SITE. IN PARTICULAR, IMPLIED OR STATUTORY WARRANTIESSPD MAKES NO WARRANTY THAT THE SITE, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGECONTENT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE (B) WILL BE UNINTERRUPTED AVAILABLE OR ERROR- FREEPROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR THAT THE SOFTWARE ERROR-FREE BASIS; (C) WILL INTEROPERATE BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE COMPATIBLE WITH ANY FREE FROM VIRUSES, WORMS, OR OTHER SOFTWARE HARMFUL OR MALICIOUS COMPONENTS. NOR DOES SPD WARRANT THAT ANY DEFECTS OR ERRORS IN ON THE SOFTWARE SITE OR CONTENT WILL BE CORRECTED. SPD DOES NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND ITS CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD, UPLOAD, OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. DISCLAIMER OF CERTAIN ▇▇▇▇▇▇▇.▇▇ THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO ORAL EVENT WILL SPD BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR WRITTEN PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR YOUR ACCOUNT, EVEN IF SPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPD SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE PROVIDED OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY EA THOSE PRINTERS, OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCOMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.

Disclaimer of Warranties. JHU does not warrant the validity of any patents or that the practice under such patents, or the manufacture, use, sale or import of LICENSED PRODUCT(S) or LICENSED SERVICE(S), shall be free from patent infringement. EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS PARAGRAPH 9.5, COMPANY AGREES THAT THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE PATENT RIGHT(S) IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND”, AND YOUR USE IS AT YOUR SOLE RISKTHAT JHU MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OF LICENSED PRODUCT(S) OR LICENSED SERVICE(S) INCLUDING THEIR SAFETY, LAP-JHU Ref. THE ENTIRE RISK 9328 9 of 14 12/20/2006 EFFECTIVENESS, OR COMMERCIAL VIABILITY. JHU DISCLAIMS ALL WARRANTIES WITH REGARD TO LICENSED PRODUCT(S) AND LICENSED SERVICE(S) UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, EXPRESS OR IMPLIED, OF SATISFACTORY QUALITY MERCHANTABILITY AND PERFORMANCE RESIDES WITH YOUFITNESS FOR ANY PARTICULAR PURPOSE. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION AGREEMENT, JHU ADDITIONALLY DISCLAIMS ALL OBLIGATIONS AND SECTION 8) DO LIABILITIES ON THE PART OF JHU AND INVENTORS, FOR DAMAGES, INCLUDING, BUT NOT MAKELIMITED TO, DIRECT, INDIRECT, SPECIAL, AND HEREBY DISCLAIMCONSEQUENTIAL DAMAGES, ANY ATTORNEYS’ AND ALL EXPRESSEXPERTS’ FEES, IMPLIED AND COURT COSTS (EVEN IF JHU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR STATUTORY WARRANTIESCOSTS), INCLUDING IMPLIED WARRANTIES ARISING OUT OF CONDITIONOR IN CONNECTION WITH THE MANUFACTURE, UNINTERRUPTED USE, MERCHANTABILITYOR SALE OF THE LICENSED PRODUCT(S) AND LICENSED SERVICE(S) UNDER THIS AGREEMENT. COMPANY ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE CAUSED BY ANY PRODUCT MANUFACTURED, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGEUSED, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED SOLD BY COMPANY WHICH IS A LICENSED PRODUCT OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS LICENSED SERVICE AS DEFINED IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIS AGREEMENT.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE You acknowledge that the Services may not always reflect the most recent activity on your accounts and may reflect funds that are not available for immediate withdrawal. The information available via the Services may not always match the information available via Mobile Banking services. USE OF ONLINE BANKING IS AT YOUR OWN RISK. ONLINE BANKING IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EITHER EXPRESSED OR GUARANTEES OF ANY KINDIMPLIED, AND YOUR USE IS AT YOUR SOLE RISK. INCLUDING, BUT NOT LIMITED TO, THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USETITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND NON-INFRINGEMENT. IN PARTICULAR, BANK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF ONLINE BANKING. OPERATION OF ONLINE BANKING MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF BANK’S CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW. BANK MAKES NO WARRANTY THAT ONLINE BANKING WILL BE ERROR-FREE. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, ONLINE BANKING MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND BANK’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF ONLINE BANKING, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL BANK OR ITS AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO ONLINE BANKING THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL BANK OR ITS AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ONLINE BANKING OR THE WEBSITES THROUGH WHICH ONLINE BANKING IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL BANK OR ITS AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO ONLINE BANKING OR THE WEBSITES THROUGH WHICH ONLINE BANKING IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. BANK’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY RIGHTS, FOR ANY AND WARRANTIES ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYFIVE HUNDRED DOLLARS). SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.THE

Disclaimer of Warranties. EXCEPT FOR YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN USE OF THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE SERVICES IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOUSERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND PROCESS FACTORY EXPRESSLY DISCLAIM S ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITIONANY KIND, UNINTERRUPTED USEWHETHER EXPRESS OR IM PLIED, MERCHANTABILITYINCLUDING, SATISFACTORY QUALITYBUT NOT LIM ITED TO, THE IM PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS FACTORY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, NONINFRINGEMENT OF THIRD PARTY RIGHTSTIMELY, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGESECURE, OR TRADE PRACTICEERROR FREE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SOFTWARE; SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM , MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION USE OF THE SOFTWARE WILL SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS FACTORY, ITS EM PLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU AGREE THAT PROCESS FACTORY SHALL, IN NO EVENT, BE UNINTERRUPTED OR ERROR- FREELIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR THAT THE SOFTWARE WILL INTEROPERATE OTHER LOSS OR BE COMPATIBLE WITH ANY DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LOSS ARISING OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES CAUSED BY YOUR USE OF OR INABILITY TO USE THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERSERVICE, SO SOME OR ALL EVEN IF PROCESS FACTORY HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS FACTORY’S ENTIRE LIABILITY TO YOUYOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS AND RELATED DOCUMENTATION ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY PERFORMANCE PROMISES (“WARRANTIES”) OF ANY KIND. EXCEPT AS PROVIDED ABOVE, WITHOUT PERFORMANCE ASSURANCES ASSUME ALL RISKS WHEN DOWNLOADING OR GUARANTEES USING IT. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISKLAW OR OTHERWISE. DEVELOPER DISCLAIMS THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND IN LIEU OF THIRD PARTY RIGHTSALL OTHER WARRANTIES AND REMIEDIES, AND WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION, WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, FOR LATENT OR TRADE PRACTICEHIDDEN DEFECTS. EA THE DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS; , OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE OR VIRUS-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL FURTHERMORE, THE DEVELOPER DOES NOT WARRANT OR WRITTEN ADVICE MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT PROVIDED IN RESPECT OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF THIS EXCLUSION IS NOT PERMITTED BY EA LAW, DEVELOPER LIMITS ANY EXPRESS, STATUTORY OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYIMPLIED WARRANTIES AS TO DURATION TO THE EXTENT OF THIS LIMITED WARRANTY AND THE REPAIR OR REPLACEMENT REMEDY AS DETERMINED BY DEVELOPER IN ITS SOLE DISCRETION. SOME JURISDICTIONS STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS SUCH LIMITATION AND LIMITATIONS THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALa. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND NEXTSCAN AND ITS LICENSORS, SUPPLIERS, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS DISTRIBUTORS (COLLECTIVELY REFERRED TO AS “EANEXTSCAN” FOR THE PURPOSES OF THIS SECTION SECTIONS 5 AND SECTION 8) DO NOT MAKE6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA . c. NEXTSCAN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE OR WORK WITH ANY OTHER THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE OR APPLICATIONS OR THIRD PARTY SERVICES. d. YOU FURTHER ACKNOWLEDGE THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. e. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA NEXTSCAN OR ANY A NEXTSCAN AUTHORIZED RESELLER OR REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW SHOULD THE EXCLUSION SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCORRECTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALAS PROVIDED ABOVE TRAFX AND ITS LICENSORS MAKE NO REPRESENTATION, AND WARRANTY, OR GUARANTY AS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATANET OR ANY CONTENT. TRAFX AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE SOFTWARE USE OF DATANET WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) DATANET WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DATANET WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) DATANET OR THE SERVER(S) THAT MAKE DATANET AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATANET AND ALL CONTENT IS PROVIDED TO YOU “STRICTLY ON AN "AS IS,” WITH " BASIS. ALL FAULTSCONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TRAFX AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Disclaimer of Warranties. EXCEPT FOR AS PROVIDED IN SECTION 14 (LIMITED WARRANTY), THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALPRODUCT, SUPPORT, TRAINING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS ANY OTHER SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS- AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, . CCH AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY ITS VENDORS AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. ALL THIRD PARTY RIGHTSMATERIALS ARE PROVIDED AS-IS, AND WITHOUT WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGANY KIND. CCH MAKES NO WARRANTIES OF ANY KIND, USAGEEXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN ITS GATHERING OR REPRODUCING OF ANY MATERIAL IN THE PRODUCT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT AS TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF THE SOFTWARE; SAME. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDPRODUCT IS AT CUSTOMER’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA CCH OR ANY ITS AUTHORIZED REPRESENTATIVE REPRESENTATIVES SHALL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF CCH’s OBLIGATIONS HEREUNDER. CCH IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICE. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A WARRANTYCOMPETENT PROFESSIONAL SHOULD BE SOUGHT. SOME JURISDICTIONS CUSTOMER ASSUMES ALL RESPONSIBILITY WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE PRODUCT. CUSTOMER AGREES THAT THE PRODUCT IS NOT INTENDED TO REPLACE CUSTOMER’S PROFESSIONAL SKILL AND JUDGMENT AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL. THE LEGISWAY ESSENTIALS SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE INTERNET. CUSTOMER ACKNOWLEDGES AND AGREES THAT CCH AND ITS VENDORS AND LICENSORS DO NOT ALLOW OPERATE OR CONTROL THE EXCLUSION INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CUSTOMER’S DATA, WEB-SITES, COMPUTERS, OR NETWORKS. CCH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH ACTIVITIES. ADDITIONALLY, NOR SHALL ANY SUCH ACTIVITIES CONSTITUTE A BREACH BY CCH OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS ITS OBLIGATIONS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCONFIDENTIALITY HEREUNDER.

Disclaimer of Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE), THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF THE COMPANY AND ITS SUBSIDIARIES, OR THEIR RESPECTIVE ASSETS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE COMPANY’S OR ITS SUBSIDIARIES’ ASSETS, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN THEIR PRESENT CONDITION, AND PURCHASER AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE IV (AS MODIFIED BY THE PRODUCT MANUALCOMPANY DISCLOSURE SCHEDULE), THE COMPANY HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN WRITING) TO PURCHASER OR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION, OR ADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO YOU “AS IS,” WITH ALL FAULTSPURCHASER OR ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES BY ANY STOCKHOLDER, WITHOUT WARRANTY DIRECTOR, OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR REPRESENTATIVE OF THE COMPANY, ANY KIND, WITHOUT PERFORMANCE ASSURANCES SELLER OR GUARANTEES ANY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISKTHEIR RESPECTIVE AFFILIATES). THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT MAKE NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES TO PURCHASER OR ANY OTHER PERSON REGARDING ANY PROJECTION OR FORECAST REGARDING FUTURE RESULTS OR ACTIVITIES OR THE PROBABLE SUCCESS OR PROFITABILITY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED COMPANY OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS SUBSIDIARIES.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. EXCEPT FOR TO THE LIMITED WARRANTY ON RECORDING MEDIA FOUND EXTENT SPECIFICALLY PROVIDED IN THIS ▇▇▇▇ OR IN THE PRODUCT MANUALWARRANTY, USE OF THE SERVICE IS AT YOUR SOLE RISK AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTS, BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EITHER EXPRESS OR GUARANTEES IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED TITLE OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITIONNON-INFRINGEMENT, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD). b. YOU USE THE PRODUCTS AT YOUR OWN RISK, AND WARRANTIES (IF ANY) ARISING THE TOSIBOX PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS. c. NO ADVICE OR INFORMATION OBTAINED FROM THE TOSIBOX PARTIES OTHER THAN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS SHALL CREATE ANY WARRANTY NOT STATED IN THIS ▇▇▇▇. d. THESE LIMITATIONS OF LIABILITY EXTEND TO ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, EXCEPT AS PROVIDED IN THIS ▇▇▇▇. YOU ACKNOWLEDGE THAT YOU HAVE READ THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA GENERAL RELEASE DOES NOT WARRANT AGAINST INTERFERENCE EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH YOUR ENJOYMENT THE DEBTOR.” YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE EXISTING CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE, AND HAVING BEEN SO INFORMED, BY USING THE SOFTWARE; THAT SERVICE YOU HEREBY WAIVE THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION APPLICATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY SECTION 1542 AND EVERY OTHER SOFTWARE OR THAT ANY ERRORS SIMILAR LAW IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE EACH OTHER APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUJURISDICTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, YOU AGREE THAT YOUR USE OF PLAINS COMMERCE BANK MOBILE DEPOSIT AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED TO YOU ON AN “AS IS,” WITH AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KINDKIND AS TO THE USE OF PLAINS COMMERCE BANK MOBILE DEPOSIT, WITHOUT PERFORMANCE ASSURANCES WHETHER EXPRESS OR GUARANTEES OF ANY KINDIMPLIED, AND YOUR USE IS AT YOUR SOLE RISK. INCLUDING, BUT NOT LIMITED TO THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, PURPOSE AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENONINFRINGEMENT. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; WE MAKE NO WARRANTY THAT THE SOFTWARE PLAINS COMMERCE BANK MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR- FREEUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE SOFTWARE RESULTS THAT MAY BE OBTAINED USING PLAINS COMMERCE BANK MOBILE DEPOSIT WILL INTEROPERATE BE ACCURATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE RELIABLE OR THAT ANY ERRORS IN PLAINS COMMERCE BANK MOBILE DEPOSIT OR ANY OF THE SOFTWARE TECHNOLOGY RELATED THERETO WILL BE CORRECTED. NO ORAL LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR WRITTEN ADVICE PROVIDED EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY EA YOU OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THIRD PARTY ARISING FROM OR RELATED TO THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES USE OF, INABILITY TO USE, OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL TERMINATION OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUUSE OF, PLAINS COMMERCE BANK MOBILE DEPOSIT REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, . YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE APPLICATION IS PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON THE APPLICATION IS AT YOUR SOLE RISKRISK AND DISCRETION. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND ASURION HEREBY DISCLAIM, DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSAND NON-INFRINGEMENT. FURTHERMORE, AND WARRANTIES ASURION MAKES NO WARRANTY THAT (IF ANYA) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF (B) THE SOFTWARE APPLICATION WILL BE UNINTERRUPTED AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR- ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR THAT OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SOFTWARE APPLICATION WILL INTEROPERATE BE AS REPRESENTED OR BE COMPATIBLE WITH ANY OTHER SOFTWARE MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS IN THE SOFTWARE APPLICATION WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN ADVICE PROVIDED WRITTEN, OBTAINED BY EA YOU FROM ASURION OR ANY AUTHORIZED REPRESENTATIVE THE APPLICATION SHALL CREATE A ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ASURION HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT ASURION MIGHT NOT BE ABLE TO OFFER THE APPLICATION AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY ASURION AND ASURION WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. SOME JURISDICTIONS DO NOT ALLOW ASURION WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE EXCLUSION OF APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY EXPENSES ATTRIBUTABLE TO YOUANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL5.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. 5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND DIGITAL CHECK AND ITS LICENSORS, SUPPLIERS, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS DISTRIBUTORS (COLLECTIVELY REFERRED TO AS “EADIGITAL CHECK” FOR THE PURPOSES OF THIS SECTION SECTIONS 5 AND SECTION 8) DO NOT MAKE6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA . 5.3 DIGITAL CHECK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE OR WORK WITH ANY OTHER THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE OR APPLICATIONS OR THIRD-PARTY SERVICES. 5.4 YOU FURTHER ACKNOWLEDGE THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 5.5 NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA DIGITAL CHECK OR ANY A DIGITAL CHECK AUTHORIZED RESELLER OR REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW SHOULD THE EXCLUSION SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCORRECTION.

Disclaimer of Warranties. THE PRODUCTS ARE PROVIDED “AS IS”. EXCEPT FOR AS PROVIDED IN SECTION 13, THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCT MANUALPRODUCTS, AND INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF COMPANY DISCLAIMS ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESWARRANTY, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF CONDITIONTITLE, UNINTERRUPTED USENON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE IN RESPECT OF THE PRODUCTS. FOR THE AVOIDANCE OF DOUBT, NONINFRINGEMENT OF THIRD PARTY RIGHTSALL PRODUCTS ARE PRELEASE, ARE EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL, AND WARRANTIES (IF ANY) ARISING FROM ARE NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A COURSE OF DEALINGFINAL, USAGEGENERALLY AVAILABLE PRODUCT OFFERING. PRODUCTS MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. ACCORDINGLY, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT ACCESS TO AND USE OF THE SOFTWARE; THAT PRODUCTS IS ENTIRELY AT PARTICIPANT’S OWN RISK. IN NO EVENT SHALL THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION COMPANY BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION USE OF OR LIMITATIONS ON IMPLIED WARRANTIES OR INABILITY TO USE THE LIMITATIONS PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE APPLICABLE STATUTORY RIGHTS CORRECT FUNCTIONING OR PERFORMANCE OF A CONSUMER, SO SOME OR ALL ANY OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCTS.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND FUNCTIONS PERFORMED BY OR THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS AND FUNCTIONS ARE PROVIDED TO YOU “"AS IS,” " AND "AS AVAILABLE", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY MA LIGHTING AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S MA LIGHTING'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "MA LIGHTING" FOR THE PURPOSES OF THIS SECTION SECTIONS 8 and 9) HEREBY DISCLAIM ALL WARRANTIES AND SECTION 8) DO NOT MAKECONDITIONS WITH RESPECT TO THE SOFTWARE AND FUNCTIONS, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND / OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA MA LIGHTING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; SOFTWARE AND FUNCTIONS, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR- FREEERRORFREE, THAT ANY FUNCTIONS WILL CONTINUE TO BE MADE AVAILABLE, THAT THE SOFTWARE OR FUNCTIONS WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS, PRODUCT OR THIRD-PARTY SERVICES, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE OR FUNCTIONS WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, PRODUCTS OR THIRD-PARTY SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND FUNCTIONS ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SOFTWARE OR FUNCTIONS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA MA LIGHTING OR ANY AN MA LIGHTING AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR FUNCTIONS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR ANY EXPRESSLY STATED WARRANTIES, REPRESENTATIONS AND COVENANTS CONTAINED HEREIN, INCLUDING FUTURE SELLER’S WARRANTY OF TITLE TO THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN PROPERTY, FUTURE SELLER SHALL SELL THE PRODUCT MANUALPROPERTY AND FUTURE BUYER SHALL PURCHASE THE PROPERTY “AS-IS”, “WHERE IS” AND FUTURE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND SHALL HAVE NO LIABILITY, UNLESS OTHERWISE MANDATED FOR BY LAW, FOR: (1) THE CONDITION OF THE PROPERTY, OR ANY BUILDING, STRUCTURE, OR IMPROVEMENTS ON THE PROPERTY OR THE SUITABILITY, HABITABILITY, MERCHANTABILITY OR FITNESS OF THE PROPERTY FOR FUTURE BUYER’S INTENDED USE OR FOR ANY USE WHATSOEVER (2) COMPLIANCE WITH ANY BUILDING, ZONING OR FIRE LAWS OR REGULATIONS OR WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE EXISTANCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS THAT WOULD NOT CAUSE A MATERIAL LIABILITY, IF ANY; (3) THE AVAILABILITY OR ADEQUACY OF ANY WATER, SEWER, OR UTILITY RIGHTS; (4) THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT LIMITATION ASBESTOS OR UREA FORMALDEHYDE, OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER THE PROPERTY; (5) THE PRESENCE OF ANY UNDERGROUND STORAGE TANKS OR ABOVE GROUND STORAGE TANKS ON THE PROPERTY; (6) THE ACCURACY OR COMPLETENESS OF ANY PLANS AND SPECIFICATIONS, REPORTS, OR OTHER MATERIALS PROVIDED TO FUTURE BUYER; OR (7) ANY OTHER MATTER RELATING TO THE CONDITION OF THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUTURE SELLER SHALL HAVE NO LIABILITY TO FUTURE BUYER WITH RESPECT TO THE CONDITION OF THE PROPERTY UNDER ANY LAW OR REGULATION, EXCEPT WHEN SUCH WAIVER IS NOT PERMITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND FUTURE BUYER HEREBY DISCLAIM, WAIVES ANY AND ALL EXPRESS, IMPLIED CLAIMS WHICH FUTURE BUYER HAS OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT MAY HAVE AGAINST INTERFERENCE FUTURE SELLER WITH YOUR ENJOYMENT RESPECT TO THE CONDITION OF THE SOFTWARE; PROPERTY EXCEPT FOR ITS ENVIRONMENTAL CONDITION AND EXCEPT WHEN SUCH WAIVER IS NOT PERMITED BY APPLICABLE LAW. FUTURE SELLER AND FUTURE BUYER ACKNOWLEDGE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THIS DISCLAIMER HAS BEEN SPECIFICALLY NEGOTIATED. FUTURE BUYER AND FUTURE SELLER ACKNOWLEDGE THAT OPERATION THIS DISCLAMER IS MADE IN ACCORDANCE WITH ARTICLES 6 AND 2041 OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT CIVIL CODE IN EFFECT FOR THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDSTATE OF CHIHUAHUA. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUThe Representations and Warranties given by Future Seller in this Clause shall survive the Closing and the issuance and delivery of the Public Deed transferring title of the Property to Future Buyer.

Disclaimer of Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE V (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE), BLOCKER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF BLOCKER, THE COMPANY AND ITS SUBSIDIARIES, OR THEIR RESPECTIVE ASSETS, AND BLOCKER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO BLOCKER’S, THE COMPANY’S OR ITS SUBSIDIARIES’ ASSETS, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN THEIR PRESENT CONDITION, AND PURCHASER AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE V (AS MODIFIED BY THE PRODUCT MANUALCOMPANY DISCLOSURE SCHEDULE), BLOCKER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN WRITING) TO PURCHASER OR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION, OR ADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO YOU “AS IS,” WITH ALL FAULTSPURCHASER OR ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES BY ANY STOCKHOLDER, WITHOUT WARRANTY DIRECTOR, OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR REPRESENTATIVE OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMCOMPANY, ANY AND ALL EXPRESS, IMPLIED SELLER OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES ANY OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICETHEIR RESPECTIVE AFFILIATES). EA BLOCKER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED MAKE NOR HAS MADE ANY REPRESENTATIONS OR ERROR- FREE, WARRANTIES TO PURCHASER OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE PERSON REGARDING ANY PROJECTION OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL FORECAST REGARDING FUTURE RESULTS OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES ACTIVITIES OR THE LIMITATIONS ON PROBABLE SUCCESS OR PROFITABILITY OF BLOCKER OR THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME COMPANY OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS SUBSIDIARIES.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “AS IS,” ”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “EAAPPLE” FOR THE PURPOSES OF THIS SECTION SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND SECTION 8) DO NOT MAKECONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.A

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND You expressly understand and agree that: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY WEBSITE IS PROVIDED ON AN "AS IS" AND PERFORMANCE RESIDES WITH YOU"AS AVAILABLE" BASIS. EA B-CYCLE AND EA’S ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY THE “EA” FOR PURPOSES B-CYCLE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF THIS SECTION AND SECTION 8) DO ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, NONINFRINGEMENT OF WITH RESPECT TO THE WEBSITE, AND ANY THIRD PARTY RIGHTS, AND WARRANTIES WEBSITES WITH WHICH THEY ARE LINKED. THE B-CYCLE PARTIES MAKE NO WARRANTY: (IF ANYI) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WEBSITE OR THE FEATURES OFFERED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE , WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE SOFTWARE USE OF THE WEBSITE; AND (III) THE QUALITY OF THE BICYCLES, CONTENT, PRODUCTS, SERVICES, INFORMATION OR ANY MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL INTEROPERATE MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR BE COMPATIBLE WITH WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY OTHER SOFTWARE MATERIAL DOWNLOADED OR THAT ANY ERRORS IN OTHERWISE OBTAINED THROUGH THE SOFTWARE USE OF OUR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE CORRECTED. NO ORAL SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WRITTEN ADVICE PROVIDED BY EA OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSUCH MATERIAL.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE) OR IN ANY CERTIFICATE DELIVERED HEREUNDER, THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF THE COMPANY OR THE COMPANY’S ASSETS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE COMPANY’S ASSETS, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN THEIR PRESENT CONDITION, AND PARENT AND MERGER SUB SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE) OR IN ANY CERTIFICATE DELIVERED HEREUNDER, THE COMPANY HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN WRITING) TO PARENT, MERGER SUB OR THEIR AFFILIATES OR REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION, OR ADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO YOU “AS IS,” WITH ALL FAULTSPARENT OR MERGER SUB BY ANY STOCKHOLDER, WITHOUT WARRANTY DIRECTOR, OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR REPRESENTATIVE OF THE COMPANY OR ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISKITS AFFILIATES). THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT MAKE NOR HAS IT MADE ANY REPRESENTATIONS OR WARRANTIES TO PARENT OR MERGER SUB REGARDING ANY PROJECTION OR FORECAST REGARDING FUTURE RESULTS OR ACTIVITIES OR THE PROBABLE SUCCESS OR PROFITABILITY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCOMPANY.

Disclaimer of Warranties. Your use of this website and the Service is at your own risk. Neither the Content nor the Customer Data have been verified or authenticated in whole or in part by Software AG, and they may include inaccuracies or typographical errors. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND EXPRESS WARRANTIES SET FORTH ABOVE IN SECTION 11, Software AG AND ITS LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, Software AG TECHNOLOGY, CONTENT OR CUSTOMER DATA. Software AG AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT AND/OR CUSTOMER DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, INCLUDING, WITHOUT LIMITATION, THE Software AG TECHNOLOGY, (E) ERRORS OR DEFECTS IN THE PRODUCT MANUALSERVICE AND/OR SOFTWARE AG TECHNOLOGY WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE, Software AG TECHNOLOGY AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS CONTENT ARE PROVIDED TO YOU “STRICTLY ON AN "AS IS,” WITH " BASIS. ALL FAULTSCONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Software AG AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALOther than those expressly set out in this Article 4 or in the Assignment, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWSeller hereby expressly disclaims any and all representations or warranties with respect to the Assets or the transaction contemplated hereby, THE SOFTWARE IS PROVIDED TO YOU and Purchaser agrees that the Assets are being sold by Seller “AS IS,where is” WITH ALL FAULTSand “as is”, WITHOUT with all faults. Specifically as a part of (but not in limitation of) the foregoing, Purchaser acknowledges that the Seller has not made, and Seller hereby expressly disclaims, any representation or warranty (express, implied, under common law, by statute or otherwise) as to the title or condition of the Assets (INCLUDING ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR CONFORMITY TO MODELS OR SAMPLES OF THIRD PARTY RIGHTSMATERIALS). OTHER THAN THOSE EXPRESSLY SET OUT IN THIS ARTICLE 4 OR IN THE ASSIGNMENT, AND WARRANTIES SELLER MAKES NO REPRESENTATION OR WARRANTY AS TO (I) THE AMOUNT, VALUE, QUALITY, QUANTITY, VOLUME, OR DELIVERABILITY OF ANY OIL, GAS, OR OTHER MINERALS OR RESERVES (IF ANY) ARISING FROM A COURSE OF DEALINGIN, USAGEUNDER, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT ATTRIBUTABLE TO THE PROPERTIES, (II) THE PHYSICAL, OPERATING, REGULATORY COMPLIANCE, SAFETY, OR ENVIRONMENTAL CONDITION OF THE SOFTWARE; THAT PROPERTIES, BOTH SURFACE AND SUBSURFACE, INCLUDING MATTERS RELATED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS OR NATURALLY OCCURRING RADIOACTIVE MATERIALS OR (III) THE GEOLOGICAL OR ENGINEERING CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED PROPERTIES OR ERROR- FREEANY VALUE THEREOF. OTHER THAN THOSE EXPRESSLY SET OUT IN THIS ARTICLE 4 OR IN THE ASSIGNMENT, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, STATUTORY, OR IMPLIED, AS TO (A) THE ACCURACY, COMPLETENESS, OR MATERIALITY OF ANY DATA, INFORMATION, OR RECORDS FURNISHED TO PURCHASER IN CONNECTION WITH THE ASSETS OR OTHERWISE CONSTITUTING A PORTION OF THE ASSETS; (B) THE PRESENCE, QUALITY, AND QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES; (C) THE ABILITY OF THE PROPERTIES TO PRODUCE HYDROCARBONS, INCLUDING PRODUCTION RATES, DECLINE RATES, AND RECOMPLETION OPPORTUNITIES; (D) THE PRESENT OR FUTURE VALUE OF THE ANTICIPATED INCOME, COSTS, OR PROFITS, IF ANY, TO BE DERIVED FROM THE PROPERTIES, (E) THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, (F) ANY PROJECTIONS AS TO EVENTS THAT THE SOFTWARE WILL INTEROPERATE COULD OR BE COMPATIBLE WITH COULD NOT OCCUR, AND (G) ANY OTHER SOFTWARE MATTERS CONTAINED IN OR THAT OMITTED FROM ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL INFORMATION OR WRITTEN ADVICE PROVIDED MATERIAL FURNISHED TO PURCHASER BY EA SELLER OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE OTHERWISE CONSTITUTING A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL PORTION OF THE ABOVE EXCLUSIONS ASSETS. ANY DATA, INFORMATION, OR OTHER RECORDS FURNISHED BY SELLER ARE PROVIDED TO PURCHASER AS A CONVENIENCE AND LIMITATIONS MAY NOT APPLY TO YOUPURCHASER’S RELIANCE ON OR USE OF THE SAME IS AT PURCHASER’S SOLE RISK.

Disclaimer of Warranties. EXCEPT BORROWER ACKNOWLEDGES AND AGREES THAT (i) THE COLLATERAL AND EACH PART THEREOF IS OF A SIZE, DESIGN, CAPACITY, AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO BORROWER, (ii) BORROWER IS SATISFIED THAT THE COLLATERAL AND EACH PART THEREOF IS SUITABLE FOR ITS RESPECTIVE PURPOSE, (iii) LENDER IS NOT A MERCHANT, MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND, (iv) THE LIMITED WARRANTY ON RECORDING MEDIA FOUND COLLATERAL AND EACH PART THEREOF IS ENCUMBERED HEREUNDER, SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS NOW IN EFFECT OR HEREAFTER ADOPTED AND IN THE PRODUCT MANUAL, STATE AND CONDITION WHEN THE SAME FIRST BECAME SUBJECT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSTHIS AGREEMENT, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDKIND BY LEADER, AND YOUR USE IS AT YOUR SOLE RISK. (v) LENDER MAKES NO WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED, AS TO THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS .COLLATERAL (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEA) THE CONDITION, FITNESS, DESIGN, QUALITY, CAPACITY, WORKMANSHIP, OPERATION, AND HEREBY DISCLAIMMERCHANTABILITY OF THE COLLATERAL, (B) ANY OTHER MATTER WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN LENDER AND BORROWER, ARE TO BE BORNE BY BORROWER, AND THE BENEFITS OF ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES AND REPRESENTATIONS OF CONDITIONLENDER ARE HEREBY WAIVED BY BORROWER. Lender is not responsible or liable for any direct, UNINTERRUPTED USEindirect, MERCHANTABILITYincidental, SATISFACTORY QUALITYor consequential damage to, FITNESS FOR A PARTICULAR PURPOSEor loss resulting from, NONINFRINGEMENT OF THIRD PARTY RIGHTSthe installation, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGoperation, USAGEor use of the Collateral or any product manufactured thereby. Borrower’s recourse for breach of any representation or warranty of the vendor or supplier is limited to such vendor or supplier. Notwithstanding the foregoing, OR TRADE PRACTICEBorrower’s obligations to make payment or otherwise under this Agreement shall be and are absolute and unconditional. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUAll proceeds of any such warranty recovery from the manufacturer or supplier of the Collateral shall first be used to repair the affected Collateral.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALNASM MATERIALS, INCLUDING BUT NOT LIMITEED TO, NASM COURSES, SERVICES, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWRELATED MATERIALS AND PRODUCTS, THE SOFTWARE IS ARE PROVIDED TO YOU “"AS IS,” WITH ALL FAULTS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES AND NASM HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL NAMS MATERIALS AND SERVICES, WHETHER EXPRESS OR GUARANTEES OF ANY KINDIMPLIED, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO INCLUDING, BUT NOT MAKELIMITED TO, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSSATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDNON- INFRINGEMENT. NO ORAL OR WRITTEN ADVICE PROVIDED STATEMENT BY EA ANY NASM EMPLOYEE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYWARRANTY OR MODIFY THIS SECTION. SOME CERTAIN JURISDICTIONS DO NOT ALLOW PERMIT THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS FOREGOING EXCLUSION MAY NOT APPLY TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, NASM MATERIALS AND SERVICES IS AT YOUR SOLE RISK. NASM DOES NOT WARRANT FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN NASM MATERIALS OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF NASM MATERIALS. ▇▇▇▇ TAKES PRECAUTIONS TO PROTECT NASM, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NASM DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF NASM MATERIALS OR SERVICES WILL BE ERROR- FREE OR UNINTERRUPTED. NASM MATERIALS AND SERVICES ARE PROVIDED TO YOU WITH THE UNDERSTANDING THAT NASM IS NOT RENDERING TO YOU ANY MEDICAL, LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICE OR ADVICE. IF SUCH ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. QuickTime Player automatically produces search results that reference sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether an Apple search completed through the QuickTime Player may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the QuickTime Player may automatically and unintentionally generate links or references to objectionable material. By using the QuickTime Player, you acknowledge that Apple makes no representations or warranties with regard to the appropriateness of the content viewed through the QuickTime Player, whether on a pre-installed channel button or as a result of your search. Apple does not guarantee the sequence, accuracy, completeness or timeliness of the content played through the QuickTime Player. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the QuickTime Player or for any inaccuracies, errors in or omissions from the content.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND EXPRESS WARRANTIES SET FORTH IN THE PRODUCT MANUALSECTIONS 12, 28 AND 29 OF THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PRODUCTS AND SERVICES PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY BY SUPPLIER AND ANY DEFECTS THEREIN OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESNATURE WHATEVER, INCLUDING IMPLIED WITHOUT LIMITATION WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. SUPPLIER SHALL NOT BE LIABLE FOR, AND WARRANTIES (IF ANY) ARISING FROM A COURSE BUYER ASSUMES ALL RISK OF, ANY ADVICE OR FAILURE TO PROVIDE ADVICE BY SUPPLIER TO BUYER REGARDING THE PRODUCTS OR SERVICES OR BUYER'S USE OF DEALINGTHE SAME. UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE TO BUYER UNDER ANY TORT, USAGENEGLIGENCE, STRICT LIABILITY, OR TRADE PRACTICEPRODUCT LIABILITY CLAIM AND BUYER AGREES TO WAIVE SUCH CLAIMS. EA DOES NOT WARRANT AGAINST INTERFERENCE SUPPLIER’S SOLE AND EXCLUSIVE LIABILITY, AND BUYER’S SOLE AND EXCLUSIVE REMEDY, FOR ANY NONCONFORMITY OR DEFECT IN THE PRODUCTS OR SERVICES PERFORMED BY SUPPLIER OR ANYTHING DONE IN CONNECTION WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREETHIS CONTRACT, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL BE AS SET FORTH IN SECTIONS 12, 28 and 29 HEREOF AS LIMITED BY SECTIONS 12, 13, 28 and 29 HEREOF. THESE EXCLUSIVE REMEDIES SHALL NOT HAVE FAILED OF THEIR ESSENTIAL PURPOSE (AS THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS TERM IS USED IN THE SOFTWARE WILL BE CORRECTED. NO ORAL UNIFORM COMMERCIAL CODE) PROVIDED THAT SUPPLIER REMAINS WILLING TO REPAIR OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE REPLACE DEFECTIVE PRODUCTS (AS SET FORTH IN THIS CONTRACT) WITHIN A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCOMMERCIALLY REASONABLE TIME AFTER RECEIVING SUCH DEFECTIVE PRODUCTS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY STATED IN THE PRODUCT MANUALTHIS SECTION, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH WE EXPRESSLY DISCLAIM ALL FAULTS, WITHOUT WARRANTY WARRANTIES AND CONDITIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, TERM AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT AND ANY WARRANTY ARISING BY STATUTE, NONINFRINGEMENT OPERATION OF THIRD PARTY RIGHTSLAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. WE MAKE NO, AND WARRANTIES SPECIFICALLY DISCLAIM ANY, WARRANTY OR REPRESENTATION THAT THE CLOUD SERVICE: (IF ANYA) ARISING WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAIL SAFE OR FREE OF VIRUSES; (B) WILL MEET YOUR BUSINESS REQUIREMENTS OR OPERATE WITH YOUR CURRENT SYSTEMS; (C) WILL COMPLY WITH ANY PARTICULAR LAW; OR (D) WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK OR OTHERWISE PROVIDE COMPLETE PROTECTION AGAINST ANY SECURITY THREATS VULNERABILITIES. YOU WILL NOT MAKE ANY REPRESENTATION OR OTHER STATEMENT OR UNDERTAKE ANY ACT OR OMISSION INCONSISTENT WITH THIS SECTION. YOU ASSUME TOTAL RESPONSIBILITY FOR THE SELECTION OF THE CLOUD SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR YOUR USE OF THE RESULTS OBTAINED FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICETHE CLOUD SERVICES. EA DOES WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE CLOUD SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT WILL APPLY TO YOUTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. No Guarantee. NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE SECURE. CUSTOMER ACKNOWLEDGES THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, NETWORKS, OR SYSTEMS OUTSIDE OUR CONTROL AND THAT THE CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR NETWORKS, SERVERS, APPLICATIONS AND ACCESS CODES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, LOSS OF CUSTOMER DATA OR DAMAGES RESULTING FROM THOSE PROBLEMS. High-Risk Systems Terms. OUR PRODUCTS MAY FAIL AND ARE NOT DESIGNED, DEVELOPED, TESTED, OR INTENDED TO BE RELIABLE IN THE CONTEXT OF HIGHRISK SYSTEMS. WE HAVE NO RESPONSIBILITY FOR, AND YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR AFFILIATES AND REPRESENTATIVES FROM ALL CLAIMS, SUITS, DEMANDS, AND PROCEEDINGS ALLEGING, CLAIMING, SEEKING, OR ASSERTING, ANY LIABILITY, LOSS, OBLIGATION, RISK, COST, DAMAGE, AWARD, PENALTY, SETTLEMENT, JUDGMENT, FINE OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS ON OR IN A HIGH-RISK SYSTEM, INCLUDING THOSE THAT COULD HAVE BEEN PREVENTED BY DEPLOYMENT OF FAIL-SAFE OR FAULT- TOLERANT FEATURES TO THE HIGH-RISK SYSTEM, OR ARE BASED ON A CLAIM, ALLEGATION, OR ASSERTION THAT THE FUNCTIONING OF THE HIGH- RISK SYSTEM DEPENDS OR DEPENDED ON THE FUNCTIONING OF THE CLOUD SERVICES, OR THAT THE FAILURE OF ANY OF OUR PRODUCTS CAUSED A HIGHRISK SYSTEM TO FAIL.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, YOU AGREE THAT YOUR USE OF FRANKLIN SAVINGS BANK MOBILE DEPOSIT AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED TO YOU ON AN “AS IS,” WITH AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KINDKIND AS TO THE USE OF FRANKLIN SAVINGS BANK MOBILE DEPOSIT, WITHOUT PERFORMANCE ASSURANCES WHETHER EXPRESS OR GUARANTEES OF ANY KINDIMPLIED, AND YOUR USE IS AT YOUR SOLE RISK. INCLUDING, BUT NOT LIMITED TO THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICEPURPOSEAND NONINFRINGEMENT. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; WE MAKE NO WARRANTY THAT THE SOFTWARE FRANKLIN SAVINGS BANK MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR- FREEUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.WE MAKE NO WARRANTY THAT THE SOFTWARE RESULTS THAT MAY BE OBTAINED USING FRANKLIN SAVINGS BANK MOBILE DEPOSIT WILL INTEROPERATE BE ACCURATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE RELIABLE OR THAT ANY ERRORS IN FRANKLIN SAVINGS BANK MOBILE DEPOSIT OR ANY OF THE SOFTWARE TECHNOLOGY RELATED THERETO WILL BE CORRECTED. NO ORAL LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR WRITTEN ADVICE PROVIDED EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY EA YOU OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THIRD PARTY ARISING FROM OR RELATED TO THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES USE OF, INABILITY TO USE, OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL TERMINATION OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUUSE OF, FRANKLIN SAVINGS BANK MOBILE DEPOSIT REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. Amendments and Termination. We may restrict and/or cancel, without prior notice, your ability to use the Franklin Savings Bank Mobile Deposit system if we notice any suspicious activity or if you do not use Mobile Deposit for a period of 90 days or more. You may terminate this service anytime by sending a written request by electronic mail to: ▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇▇ or by contacting any Franklin Savings Bank banking office. Termination by either party will not affect your obligations under this Agreement, even if we allow a transaction to be completed after the termination of this Agreement. Franklin Savings Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from Mobile Deposit. We will notify you of any material change via e-mail, text message, or on our website(s) by providing a link to the revised Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain and use Franklin Savings Bank Mobile Deposit after you have received any required notice, if applicable. Any transmission to the Bank’s Mobile Banking Services, including E-mails shall be deemed and remain the property of the Bank. Please do not use E-mail to send the FSB communications which contain confidential information, or require immediate attention. Please call ▇▇▇.▇▇▇.▇▇▇▇ or send written communications to:

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND SOFTWARE, UPGRADES AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE PRODUCT MANUAL, AND ▇▇▇▇. NO OTHER WARRANTIES ARE MADE BY SAGE WITH RESPECT TO THE FULLEST SOFTWARE AND MATERIALS. SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE NOT WARRANTED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, SAGE PROVIDES THE SOFTWARE IS PROVIDED TO YOU MATERIALS AND SERVICES “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. “AS AVAILABLE” AND THE ENTIRE RISK OF AS TO SATISFACTORY QUALITY QUALITY, PERFORMANCE, ACCURACY AND PERFORMANCE RESIDES EFFORT IS WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEEXCEPT AS PROVIDED IN THE LIMITED WARRANTY, AND IF ANY, SAGE HEREBY DISCLAIM, ANY AND DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGECONDITIONS, OR TRADE PRACTICEDUTIES OF EVERY NATURE WHATSOEVER. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT FURTHER, THERE IS NO WARRANTY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION TITLE, ENJOYMENT, OR LACK OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEINFRINGEMENT, OR THAT THE SOFTWARE PROVISION OR OPERATION OF ANY MATERIALS WILL INTEROPERATE BE TIMELY OR UNINTERRUPTED. 12. Limitation of Liability and Exclusion of Damages. NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR FOR ANY REASON WHATSOEVER, SAGE’S ENTIRE LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT OR PRODUCTS LIABILITY), OR UNDER THE LIMITED WARRANTY, YOUR EXCLUSIVE REMEDY AGAINST SAGE SHALL BE COMPATIBLE WITH LIMITED TO THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU, UP TO AN AMOUNT NOT EXCEEDING THE FEES PAID TO SBS FOR THE PRECEDING 12-MONTH PERIOD. PROVISIONS SET FORTH IN SECTIONS 10, 11, AND 12 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY OTHER SOFTWARE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAGE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR THAT INDIRECT DAMAGES OR LOSSES WHATSOEVER, ARISING OUT OF OR IN ANY ERRORS WAY RELATED TO THE SAGE MATERIALS, EVEN IF SAGE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE SOFTWARE WILL BE CORRECTEDEVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE 13. Supported Product Policy. As part of SAGE’s commitment to our customers, we undertake to support both the current version and the two (2) most immediate prior versions for all our solutions. This ensures that as new releases become available, customers can upgrade at a time suitable to their business. However, product fixes and service packs will only be available for the current version and the one (1) most immediate prior version. Always consult the product compatibility guide as product fixes will not be available for previous versions to make them compatible with external products. For supported versions of SAGE solutions please contact your Sage Solution Provider or visit ▇▇▇.▇▇▇▇.▇▇▇/▇▇. Sale of software will only be available to customers who are current on Software Assurance. Technical support provided by SAGE to Solution Providers on behalf of a customer will only be available where the customer is current on Software Assurance. 14. Obsolete Product Policy. Obsolete products are those that have been replaced by a newer version and are no longer supported. Additional licenses for Obsolete products may still be purchased provided SAGE is able to provide activation codes. A WARRANTY25% premium may apply and Software Assurance is based on the RRP of the current version. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU15.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “LICENSED ON AN "AS IS,” WITH ALL FAULTS, " BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND. IQNITER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET REQUIREMENTS OF THE LICENSEE OR OPERATE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR REQUIRED BY STATUTE, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY THERE ARE NO WARRANTIES, INCLUDING EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. IQNITER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND SATISFACTORY QUALITY AND NON-INFRINGEMENT. IQNITER’S SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED FOR USE IN MEDICAL OR OTHER PURPOSES WHEN FAILURE COULD LEAD DIRECTLY TO DEATH OR PERSONAL INJURY. IQNITER OR ITS AFFILIATES, NONINFRINGEMENT OFFICES, EMPLOYEES, AGENTS, SUPPLIERS or LICENSORS ARE NOT RESPONSIBEL FOR LOSS OF USER DATA OR USER DEFINED SETTINGS IN THE SYSTEM, HEREUNDER CLAIMS BASED ON CLAIMS FROM THIRD PARTY RIGHTSPARTIES. NOR THEY ARE RESPONSIBLE FOR LOSS OR DAMAGE OF USER’S DATA OR USER’S DEFINED SETTINGS. TO THE EXTENT PERMITTED BY MANDATORY LAW, IN NO EVENT WILL IQNITER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGELOST SAVINGS, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT FOR THE LOSS OF, DAMAGE TO, OR ALTERATION OF DATA OR DATA FILES OF THE SOFTWARE; THAT OTHER PARTY DUE TO ANY CAUSE AND THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION RESULTING DAMAGES AND EXPENSES INCURRED, SUCH AS EXPENSES BASED ON THE RE-CREATION OF DATA FILES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION POSSIBILITY OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSUCH DAMAGES.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND Wholesaler understands that Star2Star cannot and does not guarantee or warrant that files available via the Website will be free of viruses or other destructive code. Wholesaler is responsible for implementing sufficient procedures and checkpoints to satisfy Wholesaler's particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Quoting Tools for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PROVIDED BY LAW, STAR2STAR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USE OF THE SOFTWARE QUOTING TOOLS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE QUOTING TOOLS. WHOLESALER AND AGENTS USE OF THE QUOTING TOOLS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE QUOTING TOOLS IS AT WHOLESALER'S OWN RISK. THE QUOTING TOOLS ARE PROVIDED TO YOU “ON AN "AS IS,” WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STAR2STAR NOR ANY PERSON ASSOCIATED WITH STAR2STAR MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE QUOTING TOOLS. WITHOUT PERFORMANCE ASSURANCES LIMITING THE FOREGOING, NEITHER STAR2STAR NOR ANYONE ASSOCIATED WITH STAR2STAR REPRESENTS OR GUARANTEES WARRANTS THAT THE QUOTING TOOLS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE QUOTING TOOLS WILL BE ACCURATE, RELIABLE, ERROR- FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE QUOTING TOOLS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE QUOTING TOOLS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, STAR2STAR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEMERCHANTABILITY, NON- INFRINGEMENT, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. Customer expressly acknowledges and agrees that the use of each of the Products and Services is at Customer's sole risk. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAWLAWS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ASSA ABLOY EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT. EA ASSA ABLOY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT THE FUNCTIONS MEET CUSTOMER'S REQUIREMENTS, THAT THE OPERATION OF ANY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED. THE ABOVE WARRANTIES DO NOT APPLY TO ANY DEFECTS, DAMAGES, FAILURES OR MALFUNCTIONS TO ANY PART OF THE PRODUCTS OR SERVICES RESULTING FROM (A) NEGLIGENCE, ABUSE, OR MISAPPLICATION BY THE CUSTOMER OR END CUSTOMER (B) USE BY THE CUSTOMER OR END CUSTOMER OF THE PRODUCTS OR SERVICES OTHER THAN AS SPECIFIED IN THE DOCUMENTATION THEREOF OR OTHERWISE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER (C) ANY ALTERATIONS, MODIFICATIONS OR ADAPTATIONS OF THE PRODUCTS PERFORMED BY ANYONE OTHER THAN ASSA ABLOY, OR ANY UNAUTHORIZED COMBINATION OR INTERFACING OF THE PRODUCTS WITH OTHER PRODUCTS OR SERVICES. FURTHERMORE, ASSA ABLOY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE PERFORMANCE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA ASSA ABLOY OR ANY ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW WARRANTY OR IN ANY WAY INCREASE THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS SCOPE OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUWARRANTY.

Disclaimer of Warranties. EXCEPT YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN INTERNET OR THE PRODUCT MANUALPORTAL WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI- VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE PORTAL, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT YOUR OWN RISK. THE PORTAL, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL ARE PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE” BASIS, WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BAR NOR GALMLS NOR ANY PERSON ASSOCIATED WITH BAR OR GALMLS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PORTAL. WITHOUT PERFORMANCE ASSURANCES LIMITING THE FOREGOING, NEITHER BAR NOR GALMLS NOR ANYONE ASSOCIATED WITH BAR OR GUARANTEES GALMLS REPRESENTS OR WARRANTS THAT THE PORTAL, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PORTAL OR THE SERVER/CLOUD THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BAR AND GALMLS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND YOUR USE IS AT YOUR SOLE RISKFITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEPORTAL MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, AND HEREBY DISCLAIMNEITHER BAR NOR GALMLS (I) IS RESPONSIBLE FOR THE CONTENT OF SUCH THIRD-PARTY WEBSITES, ANY AND ALL EXPRESS, IMPLIED (II) ENDORSE SUCH SITES OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGETHEIR CONTENTS, OR TRADE PRACTICE(III) REPRESENT THAT WE HAVE ANY RELATIONSHIP WITH SUCH SITES OR THEIR OPERATORS. EA THE FOREGOING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; AFFECT ANY WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL CANNOT BE UNINTERRUPTED EXCLUDED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE LIMITED UNDER APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULAW.

Disclaimer of Warranties. EXCEPT FOR NOTWITHSTANDING ANYTHING CONTAINED TO THE LIMITED CONTRARY IN ANY OTHER PROVISION OF THIS AGREEMENT, IT IS THE EXPLICIT INTENT OF EACH PARTY THAT SELLER IS NOT MAKING ANY REPRESENTATION OR WARRANTY ON RECORDING MEDIA FOUND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, BEYOND THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY GIVEN IN THIS AGREEMENT AND THE PRODUCT MANUALCONVEYANCE, AND TO IT IS UNDERSTOOD THAT, WITHOUT LIMITING SUCH EXPRESS REPRESENTATIONS AND WARRANTIES, BUYER IS TAKING THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE ASSETS AS IS PROVIDED TO YOU “AS IS,” AND WHERE IS AND WITH ALL FAULTS. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, SELLER HEREBY (A) EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO (I) THE CONDITION OF THE ASSETS (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FREEDOM FROM REDHIBITORY VICES OR DEFECTS OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE CONFORMITY TO MODELS OR SAMPLES OF DEALING, USAGEMATERIALS, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIALS IN OR ON, OR DISPOSED OF OR DISCHARGED FROM, THE SOFTWAREASSETS) OR (II) ANY INFRINGEMENT BY SELLER OR ANY OF ITS AFFILIATES OF ANY PATENT OR PROPRIETARY RIGHT OF ANY THIRD PARTY; AND (B) NEGATES ANY RIGHTS OF BUYER UNDER STATUTES TO CLAIM DIMINUTION OF CONSIDERATION AND ANY CLAIMS BY BUYER FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING THE INTENTION OF SELLER AND BUYER THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION ASSETS ARE TO BE ACCEPTED BY BUYER IN THEIR PRESENT CONDITION AND STATE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUREPAIR.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES ASSURANCE OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO VIASAT DOES NOT MAKE, MAKE AND HEREBY DISCLAIMDISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA VIASAT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE APPLICATION WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR ; THAT THE SOFTWARE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR APPLICATION; THAT ANY ERRORS IN THE SOFTWARE APPLICATION WILL BE CORRECTED; THAT THE INFORMATION CONTAINED IN THE APPLICATION IS TRUE AND ACCURATE; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA VIASAT OR ITS AFFILIATE COMPANIES OR ANY AUTHORIZED REPRESENTATIVE OF ANY OF THEM SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALMEDIA, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALThe Parties acknowledge and agree that the research and Development to be conducted under this Agreement is experimental is nature, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWand that neither Party can guarantee a successful outcome thereof. Except for those warranties set forth in Sections 9.1 and 9.2 of this Agreement, neither Party makes any warranties, written, oral, express or implied, with respect to its performance under this Agreement or the results thereof. EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. FURTHERMORE, NONINFRINGEMENT BIONTECH AND SANOFI ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS REPRESENTING AN ESTIMATE OR PROJECTION OF THIRD PARTY RIGHTSANTICIPATED COMMERCIAL SALES OF ANY LICENSED PRODUCT, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; MILESTONES AND NET SALES LEVELS SET FORTH IN ARTICLE 6 OR ELSEWHERE IN THIS AGREEMENT OR THAT OPERATION OF HAVE OTHERWISE BEEN DISCUSSED BY THE SOFTWARE PARTIES ARE MERELY INTENDED TO DEFINE THE MILESTONE PAYMENTS OR ROYALTY OBLIGATIONS IN THE EVENT SUCH MILESTONES OR NET SALES LEVELS ARE ACHIEVED. NEITHER BIONTECH NOR SANOFI MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, THAT EITHER PARTY WILL BE UNINTERRUPTED ABLE TO SUCCESSFULLY RESEARCH, DEVELOP, MANUFACTURE OR ERROR- FREECOMMERCIALIZE ANY LICENSED PRODUCT, OR THAT REGARDING THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH LIKELIHOOD OF SUCCESS OF ANY OTHER SOFTWARE OR APPLICATION FOR REGULATORY APPROVAL RELATING TO ANY LICENSED PRODUCT OR, IF COMMERCIALIZED, THAT ANY ERRORS IN THE SOFTWARE PARTICULAR NET SALES LEVEL OF SUCH LICENSED PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUACHIEVED.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, Customer acknowledges and agrees that Datapath is not the developer or manufacturer of Third Party Products provided under this Agreement. CUSTOMER ACKNOWLEDGES AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS AGREES THAT ALL PRODUCTS ARE BEING MADE AVAILABLE AND PROVIDED TO YOU CUSTOMER ON AN “AS IS,” BASIS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY WHATSOEVER. DATAPATH MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING THE ADEQUACY, AVAILABILITY, STABILITY, UTILITY, INTEGRITY OR QUALITY OF THE PRODUCTS, WHICH BOTH PARTIES ACKNOWLEDGE ARE THE PROPERTY OF OR ARE MANUFACTURED OR DEVELOPED BY THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS. DATAPATH EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WITHOUT LIMITATION WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS AND WARRANTIES (IF ANY) THOSE ARISING FROM A TRADE USAGE OR COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DATAPATH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THIRD-PARTY SOFTWARE OR SERVICE SOFTWARE WILL PERFORM UNINTERRUPTED, ERROR FREE OR VIRUS FREE, NOR DOES DATAPATH WARRANT THAT THE SOFTWARE SAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION CUSTOMER’S REQUIREMENTS OR RESULT IN INCREASED REVENUES OR PROFITS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDCUSTOMER. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA DATAPATH, ITS AGENTS OR EMPLOYEES WILL IN ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION DATAPATH HAS NO LIABILITY FOR VIOLATION OF LAWS BY CUSTOMER OR LIMITATIONS ON IMPLIED WARRANTIES OTHER USERS OF THIRD-PARTY PRODUCTS. CUSTOMER HEREBY RELEASES DATAPATH FROM ANY AND ALL CLAIMS FOR BREACH OF WARRANTY ARISING OUT OF ITS OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS ITS AUTHORIZED USERS’ USE OF A CONSUMERTHIRD PARTY PRODUCTS. To the extent allowed by the developer or manufacturer of the products, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDatapath shall pass through to Customer all third party end- user warranties, indemnities and guarantees relating to the products, if any, including without limitation any indemnities or warranties regarding infringement claims related to Third Party Software. To the extent Datapath is not permitted to pass such warranties or indemnities through to Customer, Datapath agrees to enforce such warranties and indemnities, if any, on behalf of Customer.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, USE OF THE KDECAN PROTOCOL SOFTWARE AND ANY FUNCTIONALITY ENABLED BY THE KDECAN PROTOCOL SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KDECAN PROTOCOL SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND KDE DIRECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KDECAN PROTOCOL SOFTWARE, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA KDE DIRECT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE KDECAN PROTOCOL SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED BY OR PROVIDED BY, THE KDECAN PROTOCOL SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE KDECAN PROTOCOL SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT ANY PERFORMANCE OF THE KDECAN PROTOCOL SOFTWARE WILL CONTINUE TO BE MADE AVAILABLE, THE KDECAN PROTOCOL SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY PRODUCTS, SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE KDECAN PROTOCOL SOFTWARE WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY PRODUCTS, SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. YOU ALSO ACKNOWLEDGE THAT USE OF KDE UVC SERIES ESC AND/OR FLIGHT CONTROLLERS REQUIRES ADVANCED WIRING KNOWLEDGE AND YOU ASSUME ALL RESPONSIBILITY ASSOCIATED WITH PROPER WIRING OF THE KDE UVC SERIES ESC AND/OR FLIGHT CONTROLLERS. YOU FURTHER ACKNOWLEDGE THAT THE KDECAN PROTOCOL SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE KDECAN PROTOCOL SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA KDE DIRECT OR ANY AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE KDE DIRECT PROTOCOL SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SUPPORT, SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS LIMITATION ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCUSTOMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS DESCRIPTION MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN FSMLABS SOFTWARE IS AT LICENSEE’S SOLE RISK AND THAT THE PRODUCT MANUALENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH LICENSEE. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE FSMLABS SOFTWARE IS PROVIDED TO YOU “"AS IS,” " WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND FSMLABS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FSMLABS SOFTWARE, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA FSMLABS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR LICENSEE’S ENJOYMENT OF THE FSMLABS SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE FSMLABS SOFTWARE WILL MEET YOUR LICENSEE’S REQUIREMENTS; , THAT THE OPERATION OF THE FSMLABS SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE FSMLABS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA FSMLABS OR ANY AN FSMLABS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE FSMLABS SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOULICENSEE.

Disclaimer of Warranties. The Seller, Marconi IP and the Parent make no representations or warranties with respect to any projections, forecasts or forward-looking statements made available to the Purchaser. There is no assurance that any projected or forecasted results will be achieved. For the avoidance of doubt, the foregoing does not apply to any forward-looking representation or warranty herein or in any Related Agreement or any forward-looking statement made in the Schedules. EXCEPT TO THE EXTENT OF THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND THE RELATED AGREEMENTS, (a) THE SELLER, MARCONI IP AND THE PARENT ARE SELLING THE ASSETS ON AN "AS IS, WHERE IS" BASIS AND DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED AND (b) THE SELLER, MARCONI IP AND THE PARENT MAKE NO REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NO IMPLIED WARRANTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE RELATED AGREEMENTS, THE SELLER AND MARCONI IP DISCLAIM ANY WARRANTY OF TITLE OR NON-INFRINGEMENT AND ANY WARRANTY ARISING BY INDUSTRY CUSTOM OR COURSE OF DEALING. THE PURCHASER AND AFCNA ACKNOWLEDGE AND AGREE THAT THEY ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES, EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND THE RELATED AGREEMENTS. The Purchaser and AFCNA acknowledge and agree that neither the Seller, Marconi IP, the Parent, their respective Affiliates, any of their respective Representatives nor any other Person has made any representation or warranty, express or implied, as to the accuracy or completeness of any memoranda, charts, summaries, schedules or other information heretofore made available by the Seller, Marconi IP, the Parent, their respective Affiliates or their respective Representatives to the Purchaser, any of its Affiliates or their Representatives (IF ANYincluding the Confidential Descriptive Memorandum dated December 2002) ARISING FROM A COURSE OF DEALINGor any information that is not included in or covered by this Agreement, USAGEthe Related Agreements or the Schedules and Exhibits hereto and thereto, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEand neither the Seller, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERMarconi IP, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUthe Parent, their respective Affiliates, any of their respective Representatives nor any other Person will have or be subject to any liability to the Purchaser, any of its Affiliates or their Representatives resulting from the distribution of any such information to, or the use of any such information by, the Purchaser, any of its Affiliates or any of their agents, consultants, accountants, counsel or other representatives.

Disclaimer of Warranties. Customer expressly acknowledges and agrees that the use of the SaaS or other Software Product is at Customer's sole risk. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND SET FORTH ABOVE IN THE PRODUCT MANUAL, AND THIS CLAUSE 6 ABOVE TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAWLAWS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ASSA ABLOY EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT. EA ASSA ABLOY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL FUNCTIONS MEET YOUR CUSTOMER'S REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE OPERATION OF ANY OF THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED. THE ABOVE WARRANTIES TO NOT APPLY TO ANY DEFECTS, DAMAGES, FAILURES OR MALFUNCTIONS TO ANY PART OF THE SAAS OR SOFTWARE PRODUCT RESULTING FROM (A) NEGLIGENCE, ABUSE OR MISSAPPLICATION BY THE CUSTOMER (B) USE OF THE SAAS OR OTHER SOFTWARE PRODUCTS OTHER THAN AS SPECIFIED IN THE DOCUMENTATION THEREOF OR OTHERWISE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER OR (C) ANY ALTERATIONS, MODIFICATIONS OR ADAPTATIONS OF THE PRODUCTS PERFORMED BY ANYONE OTHER THAN ASSA ABLOY, OR ANY UNAUTHORIZED COMBINATION OR INTERFACING OF THE SAAS OR OTHER SOFTWARE PRODUCT WITH OTHER HARDWARE OR SOFTWARE. FURTHERMORE, ASSA ABLOY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE PERFORMANCE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA ASSA ABLOY OR ANY ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 7) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AS APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 7) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR ALL MATERIAL AND INFORMATION ON THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PAS DIGITAL ARCHIVE ARE PROVIDED TO YOU “"AS IS,” WITH ALL FAULTS, " WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EITHER EXPRESS OR GUARANTEES OF ANY KINDIMPLIED, AND YOUR USE IS AT YOUR SOLE RISK. INCLUDING, BUT NOT LIMITED TO, THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DESCRIPTIONS OF, NONINFRINGEMENT OR REFERENCES TO, PRODUCTS OR PUBLICATIONS DO NOT IMPLY ENDORSEMENT OF THIRD PARTY RIGHTSTHAT PRODUCT OR PUBLICATION. IN NO EVENT SHALL PAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ARTICLES OR OTHER MATERIAL DERIVED FROM THE PAS DIGITAL ARCHIVE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND WARRANTIES ON ANY THEORY OF LIABILITY. LICENSEE AGREES THAT IN NO EVENT SHALL ANY LIABILITY OF PAS (IF ANY) ARISING FROM A COURSE OR ANY OF DEALINGITS AFFILIATES, USAGEEMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR TRADE PRACTICEAUTHORS) EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY LICENSEE FOR THE SUBSCRIPTION YEAR PRIOR TO THE MAKING OF A CLAIM. EA DOES NOT WARRANT AGAINST INTERFERENCE IF LICENSEE IS DISSATISFIED WITH YOUR ENJOYMENT THE SERVICES OF PAS OR THE CONTENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION PAS DIGITAL ARCHIVE OR ANYTHING ELSE RELATED TO THIS LICENSE, LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS LICENSE AND DISCONTINUE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDPAS DIGITAL ARCHIVE. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYChanges may be made to the PAS Digital Archive at any time. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUAny advertising appearing in the PAS Digital Archive is the sole responsibility of the advertiser. Neither PAS nor the PAS Digital Archive endorses or warrants any product advertised or any statements made in any advertisements. Nor is PAS or any PAS Digital Archive responsible for the quality or content of any material linked to any PAS Digital Archive.

Disclaimer of Warranties. EXCEPT FOR PROPERTY MANAGEMENT COMPANY PROVIDES THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SITES 'AS IS' AND 'AS AVAILABLE'. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSWE MAKE NO REPRESENTATIONS, WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, DATA, SOFTWARE, FUNCTIONALITY, OR CONTENT INCLUDED IN THE SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR MALICIOUS-THREAT FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KINDKIND (INCLUDING WARRANTIES MADE ORALLY), AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED WHETHER EXPRESS OR STATUTORY WARRANTIESIMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, NON-INFRINGEMENT AND WARRANTIES (IF ANY) THOSE ARISING FROM A COURSE OF DEALING, USAGETRADE, USAGE OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYPERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO AND THEREFORE SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. WE WILL NOT BE LIABLE FOR PERFORMANCE OF SERVICES WHERE DELAYED BY AN ACT OF FORCE MAJEURE INCLUDING BUT NOT LIMITED TO: PANDEMIC, WAR, RIOT, EMBARGOES, STRIKES, OR ACTS OR OMISSIONS OF OUR VENDORS AND SUPPLIERS, CONTRACTORS OR OTHERS, OR ACCIDENTS.

Disclaimer of Warranties. EXCEPT AS PROVIDED IN SECTION 6, ANY INSTRUMENT OF CONVEYANCE OR SALE EXECUTED PURSUANT HERETO SHALL BE EXECUTED WITHOUT ANY WARRANTY OF TITLE, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION AS TO THE MERCHANTABILITY OF ANY OF THE EQUIPMENT OR OTHER PERSONAL PROPERTY INCLUDED IN THE PROPERTIES OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, AND WITHOUT ANY OTHER EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION WHATSOEVER. IT IS UNDERSTOOD AND AGREED THAT BUYER SHALL HAVE INSPECTED THE PROPERTIES FOR ALL PURPOSES, INCLUDING WITHOUT LIMITATION FOR THE PURPOSE OF DETECTING THE PRESENCE OF NORM AND MAN MADE MATERIAL FIBERS (HEREINAFTER REFERRED TO AS "MMMF") AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING, BUT NOT LIMITED WARRANTY ON RECORDING MEDIA FOUND IN TO, CONDITIONS RELATED TO THE PRODUCT MANUALPRESENCE, RELEASE, OR DISPOSAL OF HAZARDOUS SUBSTANCES, AND THAT BUYER IS RELYING SOLELY UPON THE RESULTS OF SUCH INSPECTION OF THE PROPERTIES AND SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" CONDITION. SELLER DISCLAIMS ALL LIABILITY ARISING IN CONNECTION WITH THE PRESENCE OF NORM OR MMMF ON THE PROPERTIES AND IF TESTS HAVE BEEN CONDUCTED BY SELLER FOR THE PRESENCE OF NORM OR MMMF, SELLER DISCLAIMS ANY WARRANTY RESPECTING THE ACCURACY OF SUCH TESTS OR RESULTS. IN ADDITION, SELLER AND ITS CONSULTANTS MAKES NO AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO (I) TITLE TO ANY OF THE PROPERTIES, (II) THE CONTENTS, CHARACTER OR NATURE OF ANY DESCRIPTIVE MEMORANDUM, ECONOMIC INFORMATION OR REPORTS, OR ANY REPORT OF ANY PETROLEUM ENGINEERING CONSULTANT, OR ANY GEOLOGICAL OR SEISMIC DATA OR INTERPRETATION, RELATING TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWSUBJECT ASSETS OR THE PROPERTIES, (III) THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSQUANTITY, WITHOUT WARRANTY QUALITY OR RECOVERABILITY OF PETROLEUM SUBSTANCES IN OR FROM THE SUBJECT ASSETS OR THE PROPERTIES, (IV) THE EXISTENCE OF ANY KINDPROSPECT, WITHOUT PERFORMANCE ASSURANCES RECOMPLETION, INFILL OR GUARANTEES STEP-OUT DRILLING OPPORTUNITIES, (V) ANY ESTIMATES OF THE VALUE OF THE SUBJECT ASSETS OR PROPERTIES OR FUTURE REVENUES GENERATED BY THE SUBJECT PROPERTIES OR SUBJECT ASSETS, (VI) THE PRODUCTION OF PETROLEUM SUBSTANCES FROM THE PROPERTIES OR SUBJECT ASSETS, OR WHETHER PRODUCTION HAS BEEN CONTINUOUS, OR IN PAYING QUANTITIES, OR ANY PRODUCTION OR DECLINE RATES, (VII) THE MAINTENANCE, REPAIR, CONDITION, QUALITY, SUITABILITY, DESIGN OR MARKETABILITY OF THE SUBJECT ASSETS OR PROPERTIES, (VIII) INFRINGEMENT OF ANY KINDINTELLECTUAL PROPERTY RIGHT, OR (IX) ANY OTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE OR COMMUNICATED TO SELLER OR ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES OR ADVISORS IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY DISCUSSION OR PRESENTATION RELATING THERETO, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED MERCHANTABILITY OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL SUCH DATA, NONINFRINGEMENT INFORMATION AND OTHER MATERIALS FURNISHED BY SELLER IS PROVIDED TO BUYER AS A CONVENIENCE AND BUYER AFFIRMS THAT IT HAS RELIED SOLELY ON ITS OWN EVALUATION OF THIRD PARTY RIGHTSTHE PROPERTIES AND NOT ON INFORMATION FURNISHED BY SELLER. AFTER CONSULTATION WITH AN ATTORNEY OF ITS OWN SELECTION, BUYER EXPRESSLY WAIVES THE PROVISIONS OF CHAPTER XVII, SUBCHAPTER E, SECTIONS 17.41 THROUGH 17.63, INCLUSIVE (OTHER THAN SECTION 17.555, WHICH IS NOT WAIVED), VERNON'S TEXAS CODE ANNOTATED, BUSINESS AND COMMERCE CODE (THE "DECEPTIVE TRADE PRACTICES ACT") AND IF ANY OF THE PROPERTIES ARE LOCATED IN LOUISIANA AND ARE SUBJECT TO LOUISIANA LAW, BUYER EXPRESSLY WAIVES THE WARRANTY OF FITNESS FOR INTENDED PURPOSES OR GUARANTEE AGAINST HIDDEN OR LATENT REDHIBITORY VICES UNDER LOUISIANA LAW, INCLUDING LOUISIANA CIVIL CODE ARTICLES 2520 (1870) THROUGH 2548 (1870) AND THE WARRANTY IMPOSED BY LOUISIANA CIVIL CODE ARTICLES 2476; WAIVES ALL RIGHTS IN REDHIBITION PURSUANT TO LOUISIANA CIVIL CODE ARTICLES 2420, ET SEQ; ACKNOWLEDGES THAT THIS EXPRESS WAIVER SHALL BE CONSIDERED A MATERIAL AND INTEGRAL PART OF THIS SALE AND THE CONSIDERATION THEREOF; AND ACKNOWLEDGES THAT THIS WAIVER HAS BEEN BROUGHT TO THE ATTENTION OF BUYER AND EXPLAINED IN DETAIL AND THAT BUYER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO THIS WAIVER OF WARRANTY OF FITNESS AND/OR WARRANTY AGAINST REDHIBITORY VICES AND DEFECT FOR THE PROPERTIES. BUYER ACKNOWLEDGES THAT THIS EXPRESS WAIVER SHALL BE CONSIDERED A MATERIAL AND INTEGRAL PART OF THIS SALE AND THE CONSIDERATION THEREOF; AND ACKNOWLEDGES THAT THIS WAIVER HAS BEEN BROUGHT TO THE ATTENTION OF BUYER AND EXPLAINED IN DETAIL AND THAT BUYER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO THIS WAIVER. ALL INSTRUMENTS OF CONVEYANCE TO BE DELIVERED BY SELLER AT CLOSING SHALL EXPRESSLY SET FORTH THE DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS PARAGRAPH. IN ORDER TO EVIDENCE ITS ABILITY TO GRANT SUCH WAIVER, BUYER HEREBY REPRESENTS AND WARRANTS TO SELLER THAT BUYER (IF ANYA) ARISING FROM IS NOT IN A COURSE SIGNIFICANTLY DISPARATE BARGAINING POSITION AND (B) IS REPRESENTED BY LEGAL COUNSEL, OF DEALINGITS OWN SELECTION, USAGE, IN SEEKING OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ACQUIRING THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUINTERESTS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND SOFTWARE, UPGRADES AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE PRODUCT MANUAL, AND ▇▇▇▇. NO OTHER WARRANTIES ARE MADE BY SAGE WITH RESPECT TO THE FULLEST SOFTWARE AND MATERIALS. SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE NOT WARRANTED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, SAGE PROVIDES THE SOFTWARE IS PROVIDED TO YOU MATERIALS AND SERVICES “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. “AS AVAILABLE” AND THE ENTIRE RISK OF AS TO SATISFACTORY QUALITY QUALITY, PERFORMANCE, ACCURACY AND PERFORMANCE RESIDES EFFORT IS WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEEXCEPT AS PROVIDED IN THE LIMITED WARRANTY, AND IF ANY, SAGE HEREBY DISCLAIM, ANY AND DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGECONDITIONS, OR TRADE PRACTICEDUTIES OF EVERY NATURE WHATSOEVER. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT FURTHER, THERE IS NO WARRANTY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION TITLE, ENJOYMENT, OR LACK OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEINFRINGEMENT, OR THAT THE SOFTWARE PROVISION OR OPERATION OF ANY MATERIALS WILL INTEROPERATE BE TIMELY OR UNINTERRUPTED. 12. Limitation of Liability and Exclusion of Damages. NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR FOR ANY REASON WHATSOEVER, SAGE’S ENTIRE LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT OR PRODUCTS LIABILITY), OR UNDER THE LIMITED WARRANTY, YOUR EXCLUSIVE REMEDY AGAINST SAGE SHALL BE COMPATIBLE WITH LIMITED TO THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU, UP TO AN AMOUNT NOT EXCEEDING THE FEES PAID TO SBS FOR THE PRECEDING 12-MONTH PERIOD. PROVISIONS SET FORTH IN SECTIONS 10, 11, AND 12 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY OTHER SOFTWARE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAGE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR THAT INDIRECT DAMAGES OR LOSSES WHATSOEVER, ARISING OUT OF OR IN ANY ERRORS WAY RELATED TO THE SAGE MATERIALS, EVEN IF SAGE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE SOFTWARE WILL BE CORRECTEDEVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE 13. Supported Product Policy. As part of SAGE’s commitment to our customers, we undertake to support both the current version and the two (2) most immediate prior versions for all our solutions. This ensures that as new releases become available, customers can upgrade at a time suitable to their business. However, product fixes and service packs will only be available for the current version and the one (1) most immediate prior version. Always consult the product compatibility guide as product fixes will not be available for previous versions to make them compatible with external products. For supported versions of SAGE solutions please contact your Sage Solution Provider or visit ▇▇▇.▇▇▇▇.▇▇▇/▇▇-▇▇ and ▇▇▇.▇▇▇▇.▇▇▇/▇▇-▇▇. Sale of software will only be available to customers who are current on Software Assurance. Technical support provided by SAGE to Solution Providers on behalf of a customer will only be available where the customer is current on Software Assurance. 14. Obsolete Product Policy. Obsolete products are those that have been replaced by a newer version and are no longer supported. Additional licenses for Obsolete products may still be purchased provided SAGE is able to provide activation codes. A WARRANTY25% premium may apply and Software Assurance is based on the RRP of the current version. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU15.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/ OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR YOU HEREBY AGREE THAT THE LIMITED WARRANTY ON RECORDING MEDIA FOUND PROVIDED ABOVE (THE "LIMITED WARRANTY") CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM WHATSOEVER WITH THE SOFTWARE. EXCEPT AS PROVIDED IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWLIMITED WARRANTY, THE SOFTWARE IS PROVIDED TO YOU LICENSED “AS IS,” AND “AS AVAILABLE” AND ▇▇▇▇ DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL WARRANTIES ARISING BY LAW OR OTHERWISE WITH ALL FAULTSRESPECT TO THE SOFTWARE, WITHOUT INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES MERCHANTABILITY OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ; ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALINGPERFORMANCE, USAGE, COURSE OF DEALING OR TRADE PRACTICEUSAGE; ANY WARRANTY OF TITLE OR NON-INFRINGEMENT; AND, ANY OTHER WARRANTY ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. EA ▇▇▇▇ DEERE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE RECEIVER’S ABILITY TO OBTAIN GNSS LOCATION DATA OR GNSS CORRECTION DATA WILL BE UNINTERRUPTED OR ERROR- ERROR FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL REPRESENTATION OR WRITTEN ADVICE PROVIDED OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, SHALL BE DEEMED TO BE A WARRANTY BY EA ▇▇▇▇ DEERE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ITS AFFILIATES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD PARTY SUPPLIERS.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE COMPANY SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY COMPANY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S COMPANY‘S LICENSORS (COLLECTIVELY REFERRED TO AS “EACOMPANY” FOR THE PURPOSES OF THIS SECTION SECTIONS 5 AND SECTION 8) DO NOT MAKE6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Company SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSACCURACY, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICEQUIET ENJOYMENT,. EA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPANY SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE COMPANY SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE COMPANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE COMPANY SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA COMPANY OR ANY A COMPANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR NOTWITHSTANDING ANYTHING TO THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, CONTRARY AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SITE AND THE SYSTEM ARE PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE” BASIS, WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND EDCONNECTIVE HEREBY DISCLAIM, ANY AND DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSELimitation of Liability. IN NO EVENT WILL EDCONNECTIVE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGEITS AFFILIATES, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, LICENSORS OR SERVICE PROVIDERS OF EITHER (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEUSE, OR THAT INABILITY TO USE, THE SOFTWARE WILL INTEROPERATE SITE AND/OR BE COMPATIBLE WITH ANY OTHER SOFTWARE THE SYSTEM, INCLUDING LOSS OF REVENUE, PROFITS, OR THAT ANY ERRORS BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL THE SOFTWARE WILL BE CORRECTEDAGGREGATE LIABILITY OF EDCONNECTIVE PURSUANT TO THIS ▇▇▇▇ EXCEED THE AN AMOUNT EQUAL TO THE VALUE OF YOUR REMAINING SUBSCRIPTION. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS CERTAIN CATEGORIES OF A CONSUMERDAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF EDCONNECTIVE AND ITS REPRESENTATIVES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED.

Disclaimer of Warranties. EXCEPT FOR YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN PORTAL IS AT YOUR SOLE RISK AND THAT THE PRODUCT MANUALENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE PORTAL IS PROVIDED TO YOU “"AS IS,” " AND "AS AVAILABLE", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PORTAL, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF COMPLETENESS, OF QUIET ENJOYMENT, OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICESECURITY. EA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; PORTAL, THAT THE SOFTWARE FUNCTIONS CONTAINED IN THE PORTAL WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE PORTAL WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE PORTAL WILL BE CORRECTED, OR THAT THE PORTAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA COMPANY OR ANY ITS AUTHORIZED REPRESENTATIVE REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS NEITHER COMPANY NOR ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OR REPRESENTATIVES MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PORTAL IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. THE INFORMATION AND DESCRIPTIONS CONTAINED IN THE PORTAL, INCLUDING WITHOUT LIMITATION ANY INSURANCE PRODUCT DESCRIPTIONS, ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED IN THE PORTAL IS NOT INTENDED TO BE TAX OR LEGAL ADVICE. COMPANY, ITS EMPLOYEES AND ITS REPRESENTATIVES DO NOT ALLOW THE EXCLUSION OF PROVIDE TAX OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERLEGAL ADVICE. Limitation of Liability. Under no circumstances shall Company be liable for any direct, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUindirect, incidental, special, exemplary, punitive or consequential damages that result from, arise out of or otherwise relate to Your use of or inability to use the Portal, or any website linked to the Portal, including but not limited to reliance by You on any information obtained from the Portal that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWAS WE OTHERWISE EXPRESSLY PROVIDE, THE SOFTWARE IS SITE AND ALL RELATED SITES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, WITHOUT USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE SITE; (II) ANY ADVICE YOU GLEAN FROM THE SITE WHETHER PROVIDED BY US OR A THIRD PARTY; OR (III) ANY OTHER CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES INCLUDING ANY WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USETITLE, MERCHANTABILITY, SATISFACTORY QUALITYNON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, NONINFRINGEMENT OF THIRD PARTY RIGHTSINCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGWE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, USAGEDELETION, MISDELIVERY, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED FAILURE TO STORE ANY COMMUNICATION OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYCONTENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE LIMITATIONS ON MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE APPLICABLE STATUTORY RIGHTS EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUACCESS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL12.1. Your use of the SaaS Platform is at your sole risk. The SaaS Platform is provided and licensed to you on an “as is” and “as available” basis with all faults, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWdefects, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH bugs, and errors. 12.2. COMPANY EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND WITH REGARD TO YOUR USE IS AT YOUR SOLE RISK. OF THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED SAAS PLATFORM WHETHER EXPRESS OR STATUTORY WARRANTIESIMPLIED, INCLUDING THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT QUIET ENJOYMENT OR INTEGRATION. SUCH EXCLUSIONS OF THIRD PARTY RIGHTSIMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW. 12.3. COMPANY AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED IN THE SAAS PLATFORM, AND WARRANTIES (ii) GRAPHICS PUBLISHED ON THE SAAS PLATFORM FOR ANY PURPOSE. COMPANY AND/OR ITS RESPECTIVE AFFILIATES (IF ANY) ARISING FROM HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED IN THE SAAS PLATFORM, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A COURSE OF DEALINGPARTICULAR PURPOSE, USAGE, OR TRADE PRACTICETITLE AND NON-INFRINGEMENT. 12.4. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; YOU ACKNOWLEDGE THAT THE SOFTWARE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE SAAS PLATFORM COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES. 12.5. NEITHER COMPANY NOR ITS AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE SAAS PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION. 12.6. COMPANY MAKES NO WARRANTY THAT (I) THE SAAS PLATFORM WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED REQUIREMENTS OR ERROR- FREEEXPECTATIONS, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE YOUR SYSTEM(S) AND/OR DEVICE(S) (II) THAT YOUR ACCESS TO OR USE OF THE SAAS PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY ERRORS DEFECTS IN THE SOFTWARE SAAS PLATFORM WILL BE CORRECTED. NO ORAL , OR WRITTEN ADVICE PROVIDED BY EA (IV) THAT THE SAAS PLATFORM OR ANY AUTHORIZED REPRESENTATIVE SERVER THROUGH WHICH YOU ACCESS THE SAAS PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 12.7. ANY FILE UPLOADED AND/OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SAAS PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY LIABLE FOR ANY (I) DAMAGE CAUSED BY ANY SUCH FILE TO YOUR SYSTEM(S) ,OR (II) LOSS OF YOUR DATA. 12.8. FOR THE AVOIDANCE OF DOUBT, ANY AND ALL RISK ARISING FROM YOUR USE OF THE SAAS PLATFORM SHALL CREATE A WARRANTYREMAIN SOLELY WITH YOU. 12.9. YOU ACKNOWLEDGE AND UNDERSTAND THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION DISCLAIMER OF OR LIMITATIONS ON IMPLIED WARRANTIES OR WARRANTIES. IN SUCH JURISDICTIONS, THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUYOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. 12.10. The warranties provided under this Section shall not apply if: (i) the SaaS Platform is not used in accordance with this ▇▇▇▇; (ii) the SaaS Platform or any part of the SaaS Platform has been modified by any third party other than Company; (iii) a malfunction in the SaaS Platform has been caused by any equipment or software not supplied by Company; or (iv) issues are due to a third party add-on used in the SaaS Platform.

Disclaimer of Warranties. EXCEPT FOR AS PROVIDED IN SECTION 18 (LIMITED WARRANTY), THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALPRODUCTS, SUPPORT, TRAINING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS ANY OTHER SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, . CONTRACTOR AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY ITS VENDORS AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT QUIET ENJOYMENT, QUALITY OF THIRD PARTY RIGHTSINFORMATION, TITLE, AND NON-INFRINGEMENT. ALL THIRD-PARTY MATERIALS ARE PROVIDED AS-IS, WITHOUT WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGANY KIND. CONTRACTOR MAKES NO WARRANTIES OF ANY KIND, USAGEEXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN ITS GATHERING OR REPRODUCING OF ANY THIRD- PARTY MATERIAL, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT AS TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF THE SOFTWARE; SAME. CLIENT EXPRESSLY AGREES AND ACKNOWLEDGES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDPRODUCTS IS AT CLIENT’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA CONTRACTOR OR ANY ITS AUTHORIZED REPRESENTATIVE REPRESENTATIVES SHALL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF CONTRACTOR’S OBLIGATIONS HEREUNDER. CONTRACTOR IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICE. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A WARRANTYCOMPETENT PROFESSIONAL SHOULD BE SOUGHT. SOME JURISDICTIONS CLIENT ASSUMES ALL RESPONSIBILITY WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE PRODUCTS. CLIENT AGREES THAT THE PRODUCTS ARE NOT INTENDED TO REPLACE CLIENT’S PROFESSIONAL SKILL AND JUDGMENT AND ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL.‌ THE PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE INTERNET. CLIENT ACKNOWLEDGES AND AGREES THAT CONTRACTOR AND ITS VENDORS AND LICENSORS DO NOT ALLOW OPERATE OR CONTROL THE EXCLUSION INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED THIRD PARTIES (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CLIENT’S DATA, WEB-SITES, COMPUTERS, OR NETWORKS. CONTRACTOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH ACTIVITIES NOR SHALL ANY SUCH ACTIVITIES CONSTITUTE A BREACH BY CONTRACTOR OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS ITS OBLIGATIONS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCONFIDENTIALITY HEREUNDER.

Disclaimer of Warranties. EXCEPT FOR YOU ARE USING THE LIMITED WARRANTY CAREGIVESTRY® PLATFORM AT YOUR OWN RISK. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES OR STRATEGIC PARTNERS PROVIDE THE MATERIALS ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU CAREGIVESTRY® PLATFORM “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EITHER EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE CAREGIVESTRY® PLATFORM, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICEALTHOUGH THE COMPANY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. EA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE ANY PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE CAREGIVESTRY® PLATFORM WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE. THE CAREGIVESTRY® PLATFORM AND ITS PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE CAREGIVESTRY® PLATFORM OR THE CONTENT INCLUDED THEREON, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOST, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE CAREGIVESTRY® PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SOFTWARE WILL BE CORRECTEDCAREGIVESTRY® PLATFORM. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CAREGIVESTRY® PLATFORM, FOR THE SERVICES PROVIDED ON THE CAREGIVESTRY® PLATFORM OR FOR OTHER INFORMATION PROVIDED TO YOU ON THIS CAREGIVESTRY® PLATFORM.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS SERVICES, THE ASSETUM MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED TO YOU BY OR ON BEHALF OF ASSETUM ARE PROVIDED ON AN “AS IS,” WITH AND “AS AVAILABLE” BASIS AND ASSTUM EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL FAULTS, WITHOUT WARRANTY OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND TITLE OR NON-INFRINGEMENT OR WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGPERFORMANCE, USAGECOURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, OR TRADE PRACTICE. EA ASSETUM DOES NOT REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF SITE, THE SOFTWARE WILL BE UNINTERRUPTED SERVICES OR ERROR- ASSETUM MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASSETUM DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER SOFTWARE STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT ASSETUM WILL NOT BE LIABLE FOR ANY ERRORS LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE SOFTWARE WILL BE CORRECTEDTRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION DISCLAIMER OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS CONTAINED HEREIN MAY NOT APPLY IF AND TO YOUTHE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

Disclaimer of Warranties. EXCEPT FOR YOUR USE OF THE LIMITED WARRANTY PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE PLATFORM OR THE INFORMATION, MATERIALS, OR GOODS APPEARING OR OFFERED ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND PLATFORM OR WITH RESPECT TO ANY WEBSITES LINKED FROM THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLATFORM. THE SOFTWARE PLATFORM IS PROVIDED TO YOU “AS IS,” ”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITHOUT WARRANTY OF ANY KINDWE DISCLAIM ALL WARRANTIES, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED STATUTORY OR STATUTORY WARRANTIESIMPLIED, INCLUDING IMPLIED BUT NOT LIMITED TO (I) THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATIONOR VIOLATION OF THIRD PARTY RIGHTS, AND ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES (IF ANY) ARISING FROM A THROUGH COURSE OF DEALINGDEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, USAGERELIABILITY, CORRECTNESS, OR TRADE PRACTICECOMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY COMCAST SPECTACOR. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; FURTHER, THERE IS NO WARRANTY THAT THE SOFTWARE PLATFORM WILL MEET YOUR REQUIREMENTS; NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT OPERATION THE PLATFORM, INCLUDING WITHOUT LIMITATION COMCAST SPECTACOR CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. COMCAST SPECTACOR DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY COMCAST SPECTACOR CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR COMCAST SPECTACOR CONTENT. THE COMCAST SPECTACOR MAKES NO REPRESENTATION THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDUNITED STATES. NO ORAL OR WRITTEN ADVICE PROVIDED INFORMATION MADE AVAILABLE BY EA OR ANY AUTHORIZED REPRESENTATIVE ON BEHALF OF COMCAST SPECTACOR SHALL CREATE A ANY WARRANTY. SOME JURISDICTIONS DO IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer of Warranties. Customer expressly acknowledges and agrees that the use of each of the Products and Services is at Customer's sole risk. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, WARRANTIES SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAWLAWS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ASSA ABLOY EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON- INFRINGEMENT. EA ASSA ABLOY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT THE FUNCTIONS MEET CUSTOMER'S REQUIREMENTS, THAT THE OPERATION OF ANY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED. THE ABOVE WARRANTIES DO NOT APPLY TO ANY DEFECTS, DAMAGES, FAILURES OR MALFUNCTIONS TO ANY PART OF THE PRODUCTS OR SERVICES RESULTING FROM (A) NEGLIGENCE, ABUSE, OR MISAPPLICATION BY THE CUSTOMER OR END CUSTOMER (B) USE BY THE CUSTOMER OR END CUSTOMER OF THE PRODUCTS OR SERVICES OTHER THAN AS SPECIFIED IN THE DOCUMENTATION THEREOF OR OTHERWISE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER (C) ANY ALTERATIONS, MODIFICATIONS OR ADAPTATIONS OF THE PRODUCTS PERFORMED BY ANYONE OTHER THAN ASSA ABLOY, OR ANY UNAUTHORIZED COMBINATION OR INTERFACING OF THE PRODUCTS WITH OTHER PRODUCTS OR SERVICES. FURTHERMORE, ASSA ABLOY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE PERFORMANCE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA ASSA ABLOY OR ANY ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW WARRANTY OR IN ANY WAY INCREASE THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS SCOPE OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUWARRANTY.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND NOTWITHSTANDING ANYTHING CONTAINED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWCONTRARY IN ANY OTHER PROVISION OF THIS AGREEMENT, IT IS THE EXPLICIT INTENT OF EACH PARTY THAT SELLERS ARE NOT MAKING ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, BEYOND SUCH REPRESENTATIONS AND WARRANTIES EXPRESSLY GIVEN IN THIS AGREEMENT AND IT IS UNDERSTOOD THAT, SUBJECT TO AND WITHOUT LIMITING SUCH EXPRESS REPRESENTATIONS AND WARRANTIES, BUYER IS TAKING THE INTERESTS, THE SOFTWARE COMPANY, THE SUBSIDIARIES AND THE ASSETS AS IS PROVIDED TO YOU “AS IS,” AND WHERE IS AND WITH ALL FAULTS. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE AND SUBJECT TO THE EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY SELLERS IN THIS AGREEMENT AND THE RIGHTS OF THE BUYER TO OBTAIN INDEMNIFICATION AS PROVIDED HEREIN FOR BREACHES THEREOF, SELLERS HEREBY (A) EXPRESSLY DISCLAIM AND NEGATE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO (I) THE VALUE, QUALITY OR CONDITION OF THE INTERESTS, THE COMPANY, THE SUBSIDIARIES OR THE ASSETS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ASSETS, ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FREEDOM FROM REDHIBITORY VICES OR DEFECTS OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE CONFORMITY TO MODELS OR SAMPLES OF DEALING, USAGEMATERIALS, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIALS IN OR ON, OR DISPOSED OF OR DISCHARGED FROM, THE SOFTWAREASSETS) OR (II) ANY INFRINGEMENT BY SELLERS, THE COMPANY, THE SUBSIDIARIES OR ANY OF THEIR RESPECTIVE AFFILIATES OF ANY PATENT OR PROPRIETARY RIGHT OF ANY THIRD PARTY; AND (B) NEGATE ANY RIGHTS OF BUYER UNDER STATUTES TO CLAIM DIMINUTION OF CONSIDERATION AND ANY CLAIMS BY BUYER FOR DAMAGES BECAUSE OF DEFECTS IN THE ASSETS OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, IT BEING THE INTENTION OF SELLERS AND BUYER THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION ASSETS ARE TO BE ACCEPTED BY BUYER IN THEIR PRESENT CONDITION AND STATE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUREPAIR.

Disclaimer of Warranties. EXCEPT FOR (a) THE LIMITED WARRANTY ON RECORDING MEDIA FOUND PHYSICAL ASSETS TRANSFERRED TO OPCO BUYER WILL BE SOLD BY SELLERS AND PURCHASED BY OPCO BUYER IN THEIR PHYSICAL CONDITION AT THE PRODUCT MANUALCLOSING DATE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,, WHERE IS AND WITH ALL FAULTS AND NONCOMPLIANCE WITH LAWS” WITH ALL FAULTSNO WARRANTIES, INCLUDING, WITHOUT WARRANTY OF ANY KINDLIMITATION, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGSUITABILITY, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEWORKMANSHIP, QUALITY, PHYSICAL CONDITION, OR THAT VALUE, AND ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND WITH RESPECT TO THE SOFTWARE WILL INTEROPERATE LEASED REAL PROPERTY WITH NO WARRANTY OF HABITABILITY OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN FITNESS FOR HABITATION, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE WILL BE CORRECTEDLAND, THE BUILDINGS AND THE IMPROVEMENTS. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS PROPERTIES, ASSETS, RIGHTS, LICENSES, PERMITS, PRIVILEGES, LIABILITIES, AND LIMITATIONS MAY OBLIGATIONS OF SELLERS INCLUDED IN THE ASSETS AND THE ASSUMED OBLIGATIONS ARE BEING ACQUIRED OR ASSUMED “AS IS, WHERE IS” ON THE CLOSING DATE AND IN THEIR PRESENT CONDITION, WITH ALL FAULTS. ALL OF THE TANGIBLE ASSETS SHALL BE FURTHER SUBJECT TO NORMAL WEAR AND TEAR AND NORMAL AND CUSTOMARY USE OF THE INVENTORY AND SUPPLIES IN THE ORDINARY COURSE OF BUSINESS UP TO THE CLOSING DATE. THE FOREGOING DISCLAIMER SHALL NOT APPLY BE INTERPRETED TO YOUMODIFY OR ELIMINATE ANY EXPRESS REPRESENTATION OR WARRANTY PROVIDED UNDER THIS AGREEMENT OR ANY RELATED DOCUMENT AND, TO THE EXTENT OF ANY CONFLICT BETWEEN SUCH EXPRESS REPRESENTATIONS AND WARRANTIES AND THIS DISCLAIMER, SUCH EXPRESS REPRESENTATION AND WARRANTY SHALL CONTROL. (b) OpCo Buyer acknowledges that OpCo Buyer will be examining, reviewing and inspecting all matters which in OpCo Buyer’s judgment bear upon the Assets, Sellers, the Hospital and the Practices, the businesses of the Hospital and the Practices and their value and suitability for OpCo Buyer’s purposes and is relying solely on OpCo Buyer’s own examination, review and inspection of the Assets and Assumed Obligations. OpCo Buyer releases each Seller from all responsibility and liability regarding the condition, valuation, salability or utility of the business of the Hospital, the Practices or the Assets, or their suitability for any purpose whatsoever.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DEVELOPER SOFTWARE AND SERVICES PERFORMED BY OR THROUGH THE DEVELOPER SOFTWARE (COLLECTIVELY, “SERVICES”) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE DEVELOPER SOFTWARE IS AND SERVICES ARE PROVIDED TO YOU "AS IS" AND “AS IS,” AVAILABLE”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 6 AND SECTION 8) DO NOT MAKE7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVELOPER SOFTWARE AND SERVICES, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; DEVELOPER SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFOMED OR PROVIDED BY, THE DEVELOPER SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE DEVELOPER SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE DEVELOPER SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER DEVELOPER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE SERVICES WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS, OR THIRD PARTY SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE DEVELOPER SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DEVELOPER SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN ADDITION, SERVICES THAT MAY BE ACCESSED FROM OR THROUGH THE DEVELOPER SOFTWARE MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. APPLE MAKES NO REPRESENTATION THAT SUCH SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT THAT YOU CHOOSE TO ACCESS SUCH SERVICES, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, APPLICABLE LOCAL LAWS. APPLE RESERVES THE RIGHT TO CHANGE, SUSPENT, REMOVE, OR DISABLE ACCESS TO ANY SERVICES AT ANY TIME WITHOUT NOTICE. IN NO EVENT WILL APPLE BE LIABLE FOR THE REMOVAL OF OR DISABLING OF ACCESS TO ANY SUCH SERVICES. APPLE MAY IMPOSE LIMITS ON THE USE OF OR ACCESS TO CERTAIN SERVICES, IN ANY CASE AND WITHOUT NOTICE OR LIABILITY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALA. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, USE OF THE PANDORA IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PANDORA IS PROVIDED TO YOU FREE, “AS IS,” AND “AS AVAILABLE”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AUTHOR AND PERFORMANCE RESIDES WITH YOU. EA AND EAAUTHOR’S LICENSORS (COLLECTIVELY REFERRED TO AS “EAAUTHOR” FOR THE PURPOSES OF THIS SECTION SECTIONS 5 AND SECTION 8) DO NOT MAKE6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PANDORA, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA . C. AUTHOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; PANDORA, THAT THE SOFTWARE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PANDORA WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE PANDORA WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT ANY FEATURES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE PANDORA OR FEATURES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE PANDORA WILL BE CORRECTED. INSTALLATION OF THIS PANDORA MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. D. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA OR ANY AUTHORIZED REPRESENTATIVE AUTHOR SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN USE OF THE PRODUCT MANUAL, PRODUCT(S) IS AT THE SOLE RISK OF CUSTOMER AND TO ITS AUTHORIZED USERS. THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE PRODUCT(S) IS PROVIDED TO YOU “AS ON AN AS-IS,” WITH -AND-AS-AVAILABLE BASIS. LabArchives EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES WHETHER EXPRESS OR GUARANTEES OF ANY KINDIMPLIED, AND YOUR USE IS AT YOUR SOLE RISK. INCLUDING, BUT NOT LIMITED TO, THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE PRODUCT, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, AND NON-INFRINGEMENT OR ANY WARRANTIES (IF ANY) ARISING FROM A USAGE OF TRADE, COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, OR TRADE PRACTICESTATUTORILY. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT LabArchives MAKES NO WARRANTY THAT THE PRODUCT(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SOFTWARE; PRODUCT(S) SHALL BE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, OR TO ITS AUTHORIZED USERS’ MOBILE TELEPHONES, WIRELESS DEVICES OR DATA THAT RESULTS FROM THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED PRODUCT(S) OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH DOWNLOAD OF ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDSUCH MATERIAL. NO ORAL ADVICE OR INFORMATION, WHETHER WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE ORAL, OBTAINED FROM LabArchives, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE THIS PLATFORM IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS AND DEFECTS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDDES-CASE EXPRESSLY DISCLAIMS ALL WARRANTIES, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORY WARRANTIESOTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, AND NON- INFRINGEMENT, AND WARRANTIES (IF ANY) ARISING FROM A THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. EA DES-CASE MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, COMPREHENSIVENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, AVAILABILITY, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED, OR IN CONNECTION WITH THE SERVICES OFFERED WITH THE PLATFORM. DES-CASE DOES NOT WARRANT THAT THE PLATFORM WILL BE OPERATIONAL, UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS- FREE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND END USER RECOGNIZES THAT DES-CASE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; PLATFORM, THAT ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED BY, THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF . THE SOFTWARE WILL BE UNINTERRUPTED PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY, AND DES-CASE DOES NOT PROVIDE DIAGNOSTICS OR ERROR- FREERECOMMENDATIONS ABOUT EQUIPMENT OR READINGS. ALL DECISIONS REGARDING CHANGES IN OPERATION, MAINTENANCE PRACTICES, MODIFICATION OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS CHANGES IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW WAY END USER CONDUCT BUSINESS ARE THE EXCLUSION SOLE RESPONSIBILITY OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUEND USER.

Disclaimer of Warranties. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE, OR WARRANTY GIVEN, BY TREGA THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION WITHIN THE TREGA PATENT RIGHTS, THAT ANY PATENT WITHIN THE TREGA PATENT RIGHTS WHICH ISSUES WILL BE VALID, OR THAT THE USE OF ANY TREGA MATERIALS, TREGA PATENT RIGHTS OR ANY TREGA KNOW-HOW WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY OTHER PERSON. TREGA SHALL PROMPTLY NOTIFY BIOGEN OF ANY CLAIM MADE AGAINST TREGA BY A THIRD PARTY THAT THE PRACTICE OF THE TREGA SYNTHESIS TECHNOLOGIES SUBLICENSED HEREUNDER TO BIOGEN OR USE OF THE TREGA MATERIALS SOLD TO BIOGEN HEREUNDER INFRINGES SUCH THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. TREGA WARRANTS ONLY THAT THE TREGA MATERIALS SHALL MATERIALLY CONFORM TO SPECIFICATIONS AND CERTIFICATES OF ANALYSIS PROVIDED BY TREGA TO BIOGEN. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY PROVIDED IN THE PRODUCT MANUALTHIS ARTICLE 8.9, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH TREGA EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING IMPLIED WITHOUT LIMITATION WARRANTIES OF CONDITION, UNINTERRUPTED USEDESIGN, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTY RIGHTS, PARTIES AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, USAGE OR TRADE PRACTICEPRACTICES. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT IN NO EVENT WILL TREGA OR ANY OF ITS THIRD PARTY LICENSORS WHOSE TECHNOLOGY IS UTILIZED IN PROVIDING TREGA MATERIALS HEREUNDER BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION RIGHTS AND LICENSES GRANTED TO BIOGEN HEREUNDER OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED TREGA MATERIALS, TREGA TECHNOLOGY OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTREGA SYNTHESIS TECHNOLOGIES.

Disclaimer of Warranties. Customer expressly acknowledges and agrees that the use of each of the Products and Services is at Customer's sole risk. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, WARRANTIES SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAWLAWS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ASSA ABLOY EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON- INFRINGEMENT. EA ASSA ABLOY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT THE FUNCTIONS MEET CUSTOMER'S REQUIREMENTS, THAT THE OPERATION OF ANY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED. THE ABOVE WARRANTIES DO NOT APPLY TO ANY DEFECTS, DAMAGES, FAILURES OR MALFUNCTIONS TO ANY PART OF THE PRODUCTS OR SERVICES RESULTING FROM (A) NEGLIGENCE, ABUSE, OR MISAPPLICATION BY THE CUSTOMER OR END CUSTOMER (B) USE BY THE CUSTOMER OR END CUSTOMER OF THE PRODUCTS OR SERVICES OTHER THAN AS SPECIFIED IN THE DOCUMENTATION THEREOF OR OTHERWISE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER (C) ANY ALTERATIONS, MODIFICATIONS OR ADAPTATIONS OF THE PRODUCTS PERFORMED BY ANYONE OTHER THAN ASSA ABLOY, OR ANY UNAUTHORIZED COMBINATION OR INTERFACING OF THE PRODUCTS WITH OTHER PRODUCTS OR SERVICES. FURTHERMORE, ASSA ABLOY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE PERFORMANCE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA OR Third Party IPR Claims. If a Product or Service becomes subject to a claim by a third party that it infringes a third party copyright, patent or other Intellectual Property Right, or ASSA ABLOY anticipates that such a third party claim may be raised, ASSA ABLOY shall have at its option and expense the right to (a) obtain for Customer a license to continue using that Product or Service; (b) substitute the Product or Service with other substantially similar hardware or service; or (c) terminate the License for the infringing portion of the Product or Service and compensate Customer for the sums already paid for that infringing portion under the License. THIS CLAUSE 7.8 SETS FORTH ASSA ABLOY’S SOLE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION CLAIM OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUINTELLECTUAL PROPERTY INFRINGEMENT.

Disclaimer of Warranties. EXCEPT FOR (a) THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SUPPLIER SOFTWARE IS PROVIDED TO YOU “"AS IS,” WITH ALL FAULTS" AND THERE ARE NO WARRANTIES, WITHOUT WARRANTY OF ANY KINDCLAIMS OR REPRESENTATIONS MADE BY SUPPLIER, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY WARRANTIESSTATUTORY, WITH RESPECT TO THE SUPPLIER SOFTWARE, INCLUDING IMPLIED WARRANTIES OF CONDITIONQUALITY, UNINTERRUPTED USEPERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND NOR ARE THERE ANY WARRANTIES (IF ANY) ARISING FROM A CREATED BY COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, OR TRADE PRACTICEUSAGE. EA SUPPLIER FURTHER DOES NOT REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SUPPLIER SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL ALWAYS BE UNINTERRUPTED OR ERROR- AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SUPPLIER WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. (b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SUPPLIER SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. (c) WHEN THE SUPPLIER SOFTWARE IS DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO SUPPLIER YOU ACKNOWLEDGE THAT INSTALLATION OF THE SUPPLIER SOFTWARE WILL INTEROPERATE ALLOW THIRD PARTIES WHO ARE NOT AFFILIATED WITH SUPPLIER THE ABILITY TO COMMUNICATE WITH YOUR COMPUTER ("OUTSIDE PARTIES"). YOU AGREE THAT SUPPLIER WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR BE COMPATIBLE WITH LOSS OF ANY OTHER SOFTWARE KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR THAT CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 9(a) ABOVE, RESULTING FROM ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL ACTIONS OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OMISSIONS OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUOUTSIDE PARTIES.

Disclaimer of Warranties. EXCEPT FOR LICENSEE’S USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN FONT IS AT LICENSEE’S OWN RISK. THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE FONT IS PROVIDED TO YOU “ON AN "AS IS,” WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EITHER EXPRESS OR GUARANTEES IMPLIED. CALAMAR HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND YOUR USE IS AT YOUR SOLE RISKFITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL CALAMAR BE LIABLE FOR DAMAGES OF SATISFACTORY QUALITY ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES SUFFERING, EMOTIONAL DISTRESS, LOSS OF THIS SECTION AND SECTION 8) DO NOT MAKEREVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND HEREBY DISCLAIMWHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF CALAMAR BE LIABLE FOR DAMAGES OF ANY AND ALL EXPRESSKIND, IMPLIED UNDER ANY LEGAL THEORY, ARISING OUT OF OR STATUTORY WARRANTIESIN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING IMPLIED WARRANTIES OF CONDITIONINCLUDING, UNINTERRUPTED WITHOUT LIMITATION, YOUR USE, MERCHANTABILITYOR INABILITY TO USE, SATISFACTORY QUALITYTHE LICENSED ASSET, FITNESS EXCEED THE FEES THAT LICENSEE PAID FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICETHE LICENSED ASSET. EA THE FOREGOING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL AFFECT ANY LIABILITY WHICH CANNOT BE UNINTERRUPTED EXCLUDED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE LIMITED UNDER APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULAW.