Common use of Disclaimers and Limitations of Liability Clause in Contracts

Disclaimers and Limitations of Liability. The system is provided to the customer “as it is” and, subject to what is specified in this section, all explicit or implied conditions (whether they are terms that are not contained in this agreement but are otherwise included by law or otherwise), declarations or warranties of any kind including, but not limited to, any implied warranties or conditions relating to non-infringement, merchantability, suitability for a particular purpose, satisfactory quality, non-interference or arising from negotiation, practice or commercial practice, are excluded to the extent permitted by applicable laws and are explicitly denied by EP, by its suppliers and licensors. Since some States or jurisdictions do not allow limitations on certain warranties and statements, the above limitations may not apply in whole or in part to the customer. The customer may have additional rights as a consumer, which vary from jurisdiction to jurisdiction and which are not specified in this agreement. If EP does not comply with the terms of this Agreement, it shall be liable for any loss or damage incurred by the customer that is due to a foreseeable breach of this agreement or the negligence of EP. EP has no liability, and excludes any liability, for any loss or damage incurred by the customer that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of EP’s breach or if such loss or damage were contemplated by the Customer and EP at the time of signing of this agreement. EP provides the Customer with the System for exclusively use under this Agreement, the Customer agrees not to use the System for any commercial or resale purposes, unless such use is permitted by this Agreement. The Customer also accepts that Ep has no responsibility for any loss or damage incurred in relation to (i) accuracy, completeness, legality, reliability, operability or availability of and the content or information or material provided by or accessible through the System; (ii) deletion, non-disclosure, an accidental disclosure, loss, mis delivery of any information or material; unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of EP. EP has no liability for the information and events over which EP has no control, including the content of message boards or other forums that refers to the System. Unless otherwise stated in this Agreement, EP, its affiliates, officers, directors, employees, agents, suppliers and licensors have no liability to the customer for any loss of profit or revenue, business’ loss, business’ interruption, loss of business opportunity, data loss or damage data, loss capital or for aggravated, indirect, consequential, incidental or punitive damages, in any way caused, including through the contract for unlawful (negligence included) or if arising from the use or impossibility of use by the system’ customer, even if EP, its affiliates, officers, directors, employees, agents, suppliers or licensors have been informed about the possibility of such damages. This liability restriction and exclusion of certain damages types may not apply, in whole or in part, to the Customer according to the laws in force in their residence jurisdiction. Nothing in this Agreement shall exclude or limit in any way the liability of (i) EP, its affiliates, officers, directors, employees, agents, suppliers or licensors collectively, to the Customer in relation to personal injury or death caused by their negligence; (ii) EP’s liability to the Customer for fraud or fraudulent misrepresentation: or (iii) any liability of EP which cannot be excluded under applicable law, which may include consumer protection laws in the Customer’s jurisdiction. Under no circumstances may EP be held liable for damages resulting from the download or access to any information or material through the System, for any delays or failure to perform the services arising, directly or indirectly, natural events, forces or causes beyond the reasonable control of EP including, but not limited to, internet problems, computer equipment failures, telecommunications equipment failures, power line failures, strikes, labour disputes, riots, insurrections, public unrest, shortage of labour and materials, fires, floods, storms, explosions, natural events, wars, government actions, orders of domestic or foreign courts, non-performance of third parties.

Disclaimers and Limitations of Liability. 6.1. THE WEBSITE OWNER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. 6.2. The system Website is provided on an "AS IS," "as available" basis. We do not warrant that your use of the Website will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the content provided on the Website. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to the customer “as it is” andwarranties of title, subject to what is specified in this section, all explicit or implied conditions (whether they are terms that are not contained in this agreement but are otherwise included by law or otherwise), declarations warranties of merchantability or warranties of any kind including, but not limited to, any implied warranties or conditions relating to non-infringement, merchantability, suitability fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, satisfactory qualityviewing of, non-interference browsing, visiting or arising from negotiation, practice or commercial practice, are excluded to use of the extent permitted by applicable laws and are explicitly denied by EP, by its suppliers and licensorsWebsite is at your sole risk. 6.3. Since some States or jurisdictions do not allow limitations on certain warranties and statements, the above limitations may not apply in whole or in part to the customer. The customer may have additional rights as a consumer, which vary from jurisdiction to jurisdiction and which are not specified in this agreement. If EP does not comply with the terms of this Agreement, it Under no circumstances shall we be liable for any loss direct, indirect, incidental, special, or damage incurred by consequential damages that result from the customer that is due to a foreseeable breach use of this agreement or the negligence of EP. EP has no liability, and excludes any liability, for any loss or damage incurred by the customer that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of EP’s breach or if such loss or damage were contemplated by the Customer and EP at the time of signing of this agreement. EP provides the Customer with the System for exclusively use under this Agreement, the Customer agrees not inability to use the System for Website, including but not limited to reliance by a user on any commercial information obtained at the Website, or resale purposesthat result from mistakes, unless such use is permitted by this Agreementomissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The Customer also accepts that Ep has no responsibility for any loss or damage incurred foregoing limitation of liability shall apply whether in relation to (i) accuracy, completeness, legality, reliability, operability or availability of and the content or information or material provided by or accessible through the System; (ii) deletion, non-disclosure, an accidental disclosure, loss, mis delivery of any information or material; unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of EP. EP has no liability for the information and events over which EP has no controlaction at law, including the content of message boards but not limited to contract, negligence, or other forums that refers to the System. Unless otherwise stated tortious action; or an action in this Agreement, EP, its affiliates, officers, directors, employees, agents, suppliers and licensors have no liability to the customer for any loss of profit or revenue, business’ loss, business’ interruption, loss of business opportunity, data loss or damage data, loss capital or for aggravated, indirect, consequential, incidental or punitive damages, in any way caused, including through the contract for unlawful (negligence included) or if arising from the use or impossibility of use by the system’ customerequity, even if EP, its affiliates, officers, directors, employees, agents, suppliers or licensors one of our authorized representatives have been informed about advised of or should have knowledge of the possibility of such damages. This liability restriction You hereby acknowledge that this paragraph shall apply to all content, merchandise and exclusion of certain damages types may not apply, in whole or in part, to the Customer according to the laws in force in their residence jurisdiction. Nothing in this Agreement shall exclude or limit in any way the liability of (i) EP, its affiliates, officers, directors, employees, agents, suppliers or licensors collectively, to the Customer in relation to personal injury or death caused by their negligence; (ii) EP’s liability to the Customer for fraud or fraudulent misrepresentation: or (iii) any liability of EP which cannot be excluded under applicable law, which may include consumer protection laws in the Customer’s jurisdiction. Under no circumstances may EP be held liable for damages resulting from the download or access to any information or material services available through the SystemWebsite. 6.4. THE TOKENS MAY HAVE NO VALUE. THE USER MAY LOSE ALL AMOUNTS PAID. Any and all purchases of the Tokens are final and non-refundable. By purchasing the Tokens, the User acknowledges that neither Website Owner nor any other of its affiliates are required to provide a refund for any delays reason, and that the User will not receive money or failure other compensation for any Tokens that are not used or remains unused for any reason. 6.5. The User expressly acknowledges, understands and agrees that the User is purchasing the Tokens at the User’s sole risk and that the Tokens are provided, used and acquired on an “AS IS” and on an “AS AVAILABLE” basis without representations, warranties, promises or guarantees whatsoever of any kind by the Company and the User shall rely on its own examination and investigation thereof. 6.6. The Tokens have no rights, uses, purpose, attributes, functionalities or features, express or implied, outside the Etalonium project ecosystem. The User understands and agrees that the Tokens are designed only to perform be utilized with the services arising, directly or indirectly, natural events, forces or causes beyond Etalonium project ecosystem. 6.7. You should review and agree to all disclaimer provisions regarding the reasonable control of EP including, but not limited to, internet problems, computer equipment failures, telecommunications equipment failures, power line failures, strikes, labour disputes, riots, insurrections, public unrest, shortage of labour and materials, fires, floods, storms, explosions, natural events, wars, government actions, orders of domestic or foreign courts, non-performance of third partiesTokens in Our Token Purchase Agreement (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇/img/documents/ tpa_etalonium_tok.pdf).

Disclaimers and Limitations of Liability. The system is provided to Please read this section carefully since it limits the customer “as it is” andliability of StreetBuzz and its parents, subject to what is specified in this sectionsubsidiaries, all explicit or implied conditions (whether they are terms that are not contained in this agreement but are otherwise included by law or otherwise)affiliates, declarations or warranties of any kind including, but not limited to, any implied warranties or conditions relating to non-infringement, merchantability, suitability for a particular purpose, satisfactory quality, non-interference or arising from negotiation, practice or commercial practice, are excluded to the extent permitted by applicable laws and are explicitly denied by EP, by its suppliers and licensors. Since some States or jurisdictions do not allow limitations on certain warranties and statements, the above limitations may not apply in whole or in part to the customer. The customer may have additional rights as a consumer, which vary from jurisdiction to jurisdiction and which are not specified in this agreement. If EP does not comply with the terms of this Agreement, it shall be liable for any loss or damage incurred by the customer that is due to a foreseeable breach of this agreement or the negligence of EP. EP has no liability, and excludes any liability, for any loss or damage incurred by the customer that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of EP’s breach or if such loss or damage were contemplated by the Customer and EP at the time of signing of this agreement. EP provides the Customer with the System for exclusively use under this Agreement, the Customer agrees not to use the System for any commercial or resale purposes, unless such use is permitted by this Agreement. The Customer also accepts that Ep has no responsibility for any loss or damage incurred in relation to (i) accuracy, completeness, legality, reliability, operability or availability of and the content or information or material provided by or accessible through the System; (ii) deletion, non-disclosure, an accidental disclosure, loss, mis delivery of any information or material; unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of EP. EP has no liability for the information and events over which EP has no control, including the content of message boards or other forums that refers to the System. Unless otherwise stated in this Agreement, EP, its affiliatesrelated companies, officers, directors, employees, agents, suppliers representatives, partners, and licensors have no liability (collectively, the “StreetBuzz Entities”). Each of the subsections below only applies up to the customer for maximum extent permitted under applicable law. A. The Services are Available “AS-IS” Your access to and use of the Services or any loss of profit or revenue, business’ loss, business’ interruption, loss of business opportunity, data loss or damage data, loss capital or for aggravated, indirect, consequential, incidental or punitive damages, in any way caused, including through Content are at your own risk. You understand and agree that the contract for unlawful (negligence included) or if arising from Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the use or impossibility of use by the system’ customer, even if EP, its affiliates, officers, directors, employees, agents, suppliers or licensors have been informed about the possibility of such damages. This liability restriction and exclusion of certain damages types may not apply, in whole or in partforegoing, to the Customer according to the laws in force in their residence jurisdictionmaximum extent permitted under applicable law, THE STREETBUZZ ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nothing in this Agreement shall exclude The StreetBuzz Entities make no warranty or limit in any way the representation and disclaim all responsibility and liability of for: (i) EPthe completeness, its affiliatesaccuracy, officersavailability, directorstimeliness, employees, agents, suppliers security or licensors collectively, to reliability of the Customer in relation to personal injury Services or death caused by their negligenceany Content; (ii) EP’s liability any harm to your computer system, loss of data, or other harm that results from your access to or use of the Customer for fraud Services or fraudulent misrepresentation: or any Content; (iii) the deletion of, or the failure to store or to transmit, any liability of EP which cannot Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be excluded under applicable lawavailable on an uninterrupted, which may include consumer protection laws in the Customer’s jurisdictionsecure, or error-free basis. Under no circumstances may EP be held liable for damages resulting No advice or information, whether oral or written, obtained from the download StreetBuzz Entities or access to any information or material through the SystemServices, will create any warranty or representation not expressly made herein. B. Links The Services may contain links to third-party websites or resources. You acknowledge and agree that the StreetBuzz Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the StreetBuzz Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any delays such websites or failure to perform resources. D. Predictions & Intradays The Services do not guarantee the services arisingaccuracy of the asset prices forecasted by the users of the system. The correctness of calculation of users forecasting accuracy is not guaranteed by The Services C. Limitation of Liability ANAH CAPITAL & ITS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, directly or indirectlyINCIDENTAL, natural eventsSPECIAL, forces or causes beyond the reasonable control of EP includingCONSEQUENTIAL OR PUNITIVE DAMAGES, but not limited toOR ANY LOSS OF PROFITS OR REVENUES, internet problemsWHETHER INCURRED DIRECTLY OR INDIRECTLY, computer equipment failuresOR ANY LOSS OF DATA, telecommunications equipment failuresUSE, power line failuresGOOD-WILL, strikesOR OTHER INTANGIBLE LOSSES, labour disputesRESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, riotsINCLUDING WITHOUT LIMITATION, insurrectionsANY DEFAMATORY, public unrestOFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, shortage of labour and materialsUSE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE STREETBUZZ ENTITIES EXCEED THE GREATER OF (INR 1000.00) OR THE AMOUNT YOU PAID STREETBUZZ, firesIF ANY, floodsIN THE PAST ONE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, stormsWHETHER BASED ON WARRANTY, explosionsCONTRACT, natural eventsSTATUTE, warsTORT (INCLUDING NEGLIGENCE) OR OTHERWISE, government actionsAND WHETHER OR NOT THE STREETBUZZ ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, orders of domestic or foreign courts, non-performance of third partiesAND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimers and Limitations of Liability. a. The system Contractor acknowledges and agrees that the Platform is being provided for use "as is" and on an "as available" basis without warranty of any kind, express, implied, or statutory, and therefore he/she will not have any plea, claim, or demand towards the Company in relation to the customer “as it is” andPlatform's Users, subject members, properties, limitations, or compatibility with the Contractor's needs. The Contractor shall not have any plea, claim, or demand against the Company in respect to what is specified any services he/she decides to provide in this sectionconnection with the use of the Platform. To the fullest extent of the law, the Company expressly disclaims all explicit or implied conditions (whether they are terms that are not contained in this agreement but are otherwise included by law or otherwise), declarations or warranties of any kind includingkind, whether expressed or implied. b. Registration, providing Provider Services and any use of the Platform is being made at the Contractor's sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy. c. Company does not guarantee any referrals of Users and makes no representations regarding the volume or number of interactions Contractor will have with Users. d. The Company expressly disclaims all warranties for information posted or transmitted by the Platform's Users and/ or members. e. The Contractor will bear all the risks associated with the uploading and transmitting of material and utilizing the Platform including reliance on its accuracy, reliability, or legality. f. The Company will not be deemed the provider or recipient of any services acquired through the Platform. The Contractor provides Provider Services at his/her sole and entire risk. g. Under no circumstances will the Company be held liable to the Contractor for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of business, revenue, profits, use, data, or other economic advantage. h. The Contractor acknowledges and agrees that the Company disclaims any liability in relation to any claim, suit or action brought by a User in connection with provision of any Provider Services by the Contractor, including but not limited to representations by the Contractor as to his/her qualifications and advice provided through the Platform. The Contractor agrees to indemnify and hold the Company harmless in connection with any such claim and any damages or expenses arising therefrom. i. The Contractor will be solely responsible for any agreements he/she chooses to make with a User. The Company will not be responsible or liable in any way for any agreement made between the Contractor and a User or for enforcing any such agreement, including but not limited to any agreements in relation to usage of the Platform in any way other than offered and suggested as the Provider Service on the Platform. Any agreement the Contractor chooses to engage in with a User is at his/her sole responsibility and entire risk. j. The Contractor acknowledges that he/she will be solely responsible and liable for any damages to any User to whom he/she provides services and to any User who suffers damages arising from or connected to such services that he/she provided to that User. In the event of a dispute regarding any interaction conducted through the Platform, the Contractor hereby releases the Company from all manner of actions, claims, or demands, and from any and all losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including but not limited to, court costs and attorney's fees, which the Contractor may have against one or more of the above. k. The Contractor shall be solely responsible for and shall indemnify the Company for and in respect of: i. any implied warranties income tax, national insurance and any other liability, deduction, contribution, assessment, or conditions relating to non-infringement, merchantability, suitability for a particular purpose, satisfactory quality, non-interference or claim arising from negotiationor made in connection with the performance of the Services, practice where the recovery is not prohibited by law. The Contractor shall further indemnify the Company against all reasonable costs, expenses, and any penalty, fine or commercial practiceinterest incurred or payable by the Company in connection with or in consequence of any such liability, are excluded deduction, contribution, assessment or claim; ii. any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Contractor or any substitute against the Company arising out of or in connection with the provision of the Services. l. The Company shall not be liable to the Contractor or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages. m. The Company's aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by the Contractor or to the Contractor through the Platform in the 3 months period prior to the date of the claim. n. The Company explicitly disclaims any liability with respect to any claim, suit, or action made by a User. The Contractor agrees to indemnify, defend, and hold the Company harmless with respect to any such claim. o. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent permitted by applicable laws and are explicitly denied by EP, by its suppliers and licensors. Since some States or jurisdictions do not allow limitations on certain warranties and statements, the above limitations may not apply in whole or in part necessary to the customer. The customer may have additional rights as a consumer, which vary from jurisdiction to jurisdiction and which are not specified in this agreement. If EP does not comply with applicable law. p. The Company may at its option satisfy the terms of this Agreement, it shall be liable for any loss or damage incurred by the customer that is due to a foreseeable breach of this agreement or the negligence of EP. EP has no liability, and excludes any liability, for any loss or damage incurred by the customer that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of EP’s breach or if such loss or damage were contemplated by the Customer and EP at the time of signing of this agreement. EP provides the Customer with the System for exclusively use under this Agreement, the Customer agrees not to use the System for any commercial or resale purposes, unless such use is permitted by this Agreement. The Customer also accepts that Ep has no responsibility for any loss or damage incurred in relation to indemnities above (i) accuracy, completeness, legality, reliability, operability or availability of and the content or information or material provided by or accessible through the System; (ii) deletion, non-disclosure, an accidental disclosure, loss, mis delivery of any information or material; unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of EP. EP has no liability for the information and events over which EP has no control, including the content of message boards or other forums that refers to the System. Unless otherwise stated in this Agreement, EP, its affiliates, officers, directors, employees, agents, suppliers and licensors have no liability to the customer for any loss of profit or revenue, business’ loss, business’ interruption, loss of business opportunity, data loss or damage data, loss capital or for aggravated, indirect, consequential, incidental or punitive damages, in any way caused, including through the contract for unlawful (negligence included) or if arising from the use or impossibility of use by the system’ customer, even if EP, its affiliates, officers, directors, employees, agents, suppliers or licensors have been informed about the possibility of such damages. This liability restriction and exclusion of certain damages types may not apply, in whole or in part, ) by way of deduction from any payments due to the Customer according to Contractor, unless local law requires otherwise. This section (disclaimers and limitation of liability) shall survive the laws in force in their residence jurisdiction. Nothing in termination or expiration of this Agreement shall exclude or limit in any way the liability of (i) EP, its affiliates, officers, directors, employees, agents, suppliers or licensors collectively, to the Customer in relation to personal injury or death caused by their negligence; (ii) EP’s liability to the Customer for fraud or fraudulent misrepresentation: or (iii) any liability of EP which cannot be excluded under applicable law, which may include consumer protection laws in the Customer’s jurisdiction. Under no circumstances may EP be held liable for damages resulting from the download or access to any information or material through the System, for any delays or failure to perform the services arising, directly or indirectly, natural events, forces or causes beyond the reasonable control of EP including, but not limited to, internet problems, computer equipment failures, telecommunications equipment failures, power line failures, strikes, labour disputes, riots, insurrections, public unrest, shortage of labour and materials, fires, floods, storms, explosions, natural events, wars, government actions, orders of domestic or foreign courts, non-performance of third partiesAgreement.

Disclaimers and Limitations of Liability. No provisions of these Terms will prejudice the statutory rights that you may have as a consumer of the Services. The system is provided to laws of some countries and jurisdictions do not allow the customer “exclusion of some kinds of warranties or the limitation of liability as it is” and, subject to what is specified stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. You use the App at your own risk and subject to the disclaimers set in these Terms. The Services are provided on an "as-is" and "as available" basis. This means that we cannot (and we do not) make the warranty that the Services will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the App for all explicit devices or under certain specific conditions. The Company does not warrant that (i) the App will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the App will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the App will meet your expectations, and (v) any errors in the App will be corrected. Despite the stated above, the Services shall be provided within a reasonable time and fit for any purposes specified within the App. In any case, we and you acknowledge that: ● These Terms are concluded between us and you only, and not with Apple. We are responsible for the App and all content thereof, except for the User Content. We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App for iOS. ● Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for providing any maintenance and support services with respect to the App. ● We, and not Apple, are solely responsible for any product warranties, whether express or implied conditions by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility. ● The Company, not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (whether they are terms i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. ● In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. ● You must represent and warrant that (i) you are not contained located in this agreement but a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are otherwise included not listed on any U.S. Government list of prohibited or restricted parties. ● Apple’s subsidiaries are third party beneficiaries of the ▇▇▇▇, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. To the maximum extent permitted by law the law, in no event shall the Company be liable for any special, incidental, indirect, or otherwise), declarations or warranties of any kind consequential damages whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any implied warranties or conditions relating to non-infringement, merchantability, suitability for a particular purpose, satisfactory quality, non-interference or arising from negotiation, practice or commercial practice, are excluded way related to the extent permitted by applicable laws and are explicitly denied by EP, by its suppliers and licensors. Since some States use of or jurisdictions do not allow limitations on certain warranties and statements, the above limitations may not apply in whole or in part to the customer. The customer may have additional rights as a consumer, which vary from jurisdiction to jurisdiction and which are not specified in this agreement. If EP does not comply with the terms of this Agreement, it shall be liable for any loss or damage incurred by the customer that is due to a foreseeable breach of this agreement or the negligence of EP. EP has no liability, and excludes any liability, for any loss or damage incurred by the customer that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of EP’s breach or if such loss or damage were contemplated by the Customer and EP at the time of signing of this agreement. EP provides the Customer with the System for exclusively use under this Agreement, the Customer agrees not inability to use the System for App, or otherwise under or in connection with any commercial or resale purposes, unless such use is permitted by this Agreement. The Customer also accepts that Ep has no responsibility for any loss or damage incurred in relation to (i) accuracy, completeness, legality, reliability, operability or availability provision of and the content or information or material provided by or accessible through the System; (ii) deletion, non-disclosure, an accidental disclosure, loss, mis delivery of any information or material; unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of EP. EP has no liability for the information and events over which EP has no control, including the content of message boards or other forums that refers to the System. Unless otherwise stated in this Agreement, EP, its affiliates, officers, directors, employees, agents, suppliers and licensors have no liability to the customer for any loss of profit or revenue, business’ loss, business’ interruption, loss of business opportunity, data loss or damage data, loss capital or for aggravated, indirect, consequential, incidental or punitive damages, in any way caused, including through the contract for unlawful (negligence included) or if arising from the use or impossibility of use by the system’ customerthese Terms, even in the event of strict liability. This limitation should apply even if EP, its affiliates, officers, directors, employees, agents, suppliers or licensors have the Company has been informed about advised of the possibility of such damages. This liability restriction We disclaim all warranties and exclusion of certain damages types may not applyconditions, in whole either expressed, implied or in partstatutory, to the Customer according to the laws in force in their residence jurisdiction. Nothing in this Agreement shall exclude or limit in any way the liability of (i) EP, its affiliates, officers, directors, employees, agents, suppliers or licensors collectively, to the Customer in relation to personal injury or death caused by their negligence; (ii) EP’s liability to the Customer for fraud or fraudulent misrepresentation: or (iii) any liability of EP which cannot be excluded under applicable law, which may include consumer protection laws in the Customer’s jurisdiction. Under no circumstances may EP be held liable for damages resulting from the download or access to any information or material through the System, for any delays or failure to perform the services arising, directly or indirectly, natural events, forces or causes beyond the reasonable control of EP including, but not limited toto any warranties or conditions of fitness for a purpose, internet problemslack of viruses, computer equipment failuresaccuracy or completeness of any information, telecommunications equipment failuresor correspondence to description, power line failures, strikes, labour disputes, riots, insurrections, public unrest, shortage as regards our Services. The Company shall immediately inform you in case of labour and materials, fires, floods, storms, explosions, natural events, wars, government actions, orders of domestic any claims or foreign courts, non-performance of third parties.actions brought against the Company concerning:

Disclaimers and Limitations of Liability. The system is provided Please read this section carefully because it limits the liability of the Deere Entities. Each of the subsections below applies to the customer “as it is” and, maximum extent permitted under applicable law and subject to what is specified in this section, all explicit or implied conditions (whether they are terms that are not contained in this agreement but are otherwise included by law or otherwise), declarations or warranties of any kind including, but not limited to, any implied warranties or conditions relating to non-infringement, merchantability, suitability for a particular purpose, satisfactory quality, non-interference or arising from negotiation, practice or commercial practice, are excluded to the extent permitted by applicable laws and are explicitly denied by EP, by its suppliers and licensorssubsection E.10. Since some States or jurisdictions We do not allow limitations on certain warranties and statements, the above limitations may not apply in whole or in part to the customer. The customer may have additional rights as a consumer, which vary from jurisdiction to jurisdiction and which are not specified in this agreement. If EP does not comply with the terms of this Agreement, it shall be liable for any loss or damage incurred by the customer that is due to a foreseeable breach of this agreement or the negligence of EP. EP has no liability, and excludes any liability, for any loss or damage incurred by the customer that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of EP’s breach or if such loss or damage were contemplated by the Customer and EP at the time of signing of this agreement. EP provides the Customer with the System for exclusively use under this Agreement, the Customer agrees not to use the System for any commercial or resale purposes, unless such use is permitted by this Agreement. The Customer also accepts that Ep has no responsibility for any loss or damage incurred in relation to (i) accuracy, completeness, legality, reliability, operability or availability of and the content or information or material provided by or accessible through the System; (ii) deletion, non-disclosure, an accidental disclosure, loss, mis delivery of any information or material; unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of EP. EP has no liability for the information and events over which EP has no control, including the content of message boards or other forums that refers to the System. Unless otherwise stated in this Agreement, EP, its affiliates, officers, directors, employees, agents, suppliers and licensors have no liability to the customer for any loss of profit or revenue, business’ loss, business’ interruption, loss of business opportunity, data loss or damage data, loss capital or for aggravated, indirect, consequential, incidental or punitive damages, in any way caused, including through the contract for unlawful (negligence included) or if arising from the use or impossibility of use by the system’ customer, even if EP, its affiliates, officers, directors, employees, agents, suppliers or licensors have been informed about the possibility of such damages. This liability restriction and exclusion of certain damages types may not apply, in whole or in part, to the Customer according to the laws in force in their residence jurisdiction. Nothing in this Agreement shall exclude or limit in any way our liability to you where it would be unlawful to do so. 1. While Deere endeavors to provide a functional and convenient Site, the liability Tools and Organization are made available to you on an "as is", "with all faults" and "as available" basis. Your use of the Tools and Organization are at your own discretion and risk. The Deere Entities make no claims or promises about the quality, accuracy, or reliability of the Tools or your Organization, their safety or security, availability or uptime, or content. You are responsible for maintaining backups of your data. Accordingly, the Deere Entities disclaim and exclude all implied conditions, warranties, representations or other terms that may apply to the Tools or to your Organization or any content on it. 2. We make no claims or promises with respect to any third party. Accordingly, the Deere Entities are not liable to you for any loss or damage that might arise from their actions, including, for example, if another user misuses your content or identity. Your use of third party content is at your own discretion and risk. 3. We expressly disclaim all warranties, guarantees, conditions or terms, whether implied or imposed by law, including any warranties of merchantability, fitness for a particular purpose, quality, or non-infringement. No oral or written information or advice provided to you by a representative of one of the Deere Entities shall create a representation or warranty. 4. The Deere Entities will not be liable to you (nor to your Users or any other person claiming rights derived from your rights) for any loss or damage, whether in contract, tort, delict (including, without limitation, negligence and strict liability), breach of statutory duty, or otherwise, even if foreseeable, that might arise in relation to the Tools or Organization, including any (i) EP, its affiliates, officers, directors, employees, agents, suppliers indirect or licensors collectively, to the Customer in relation to personal injury consequential loss or death caused by their negligencedamage; (ii) EP’s loss of profits, sales, business, revenue or use; (iii) business interruption; (iv) loss of business opportunity, goodwill or reputation; or (v) loss of information or data. 5. The information on our Tools is for general information only and given the information on our Tools is not tailored to your Organization and Users, it is not intended to be relied upon for those purposes. You should obtain independent, specialist advice before taking, or refraining from, any action based on the information provided on the Tools. Although we make reasonable efforts to update the information on our Tools, we make no representations, warranties or guarantees, express or implied, that the content on our Tools is accurate, complete or up to date. 6. While Deere will use commercially reasonable efforts to deliver and support the Organization and Tools the Deere Entities do not guarantee that the Tools or your Organization will be secure or free from bugs or viruses. You are responsible for configuring your information technology to access our Tools and your Organization and you should use your own virus protection software. 7. Your sole and exclusive right and remedy in case of dissatisfaction with your Organization, the Tools, related services, or any other grievance shall be your termination and discontinuation of access to or use of the tools and Organization. 8. The Deere Entities' maximum aggregate liability to you for losses or damages that you suffer in connection with your Organization, the Customer tools, related services, or this agreement is limited to US $100, or the equivalent in your local currency. 9. Notwithstanding any other term in this Agreement, if any guarantee, condition, representation, warranty or term is implied or imposed by any applicable law and cannot be excluded (a "Non- excludable Provision"), and we are able to limit your remedy for a breach of the non-excludable provision, then our liability for breach of the non-excludable provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option: (i) in the case of goods, the prompt replacement of the goods or supply of equivalent goods, or the cost of replacing the goods or acquiring equivalent goods; and (b) in the case of services, the supplying of the services again, or the payment of having the cost of having the services supplied again. 10. Notwithstanding any other term of this Agreement, nothing in this Agreement excludes or limits our liability for (i) breach of applicable statutory product liability regulations, (ii) death or personal injury caused by our negligence; (iii) fraud or fraudulent misrepresentation: ; (iv) damages caused by our intentional acts or gross negligence, or (iiiv) any other liability of EP which that cannot be excluded under or limited as a matter of applicable law, which may include consumer protection laws in the Customer’s jurisdiction. Under no circumstances may EP be held liable for damages resulting from the download or access to any information or material through the System, for any delays or failure to perform the services arising, directly or indirectly, natural events, forces or causes beyond the reasonable control of EP including, but not limited to, internet problems, computer equipment failures, telecommunications equipment failures, power line failures, strikes, labour disputes, riots, insurrections, public unrest, shortage of labour and materials, fires, floods, storms, explosions, natural events, wars, government actions, orders of domestic or foreign courts, non-performance of third parties.