Common use of Exclusion of Warranties Clause in Contracts

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONAND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO IF ANY, ARE PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESCUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, SHALL ▇▇▇▇▇▇▇▇ CAMERA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR LIABLE COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANYONE ELSE FOR UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY WARRANTIES ON BEHALF OF SUCH DAMAGESSERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.

Exclusion of Warranties. CUSTOMER (A) THE WARRANTY DESCRIBED HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO SHALL BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION EXCLUSIVE AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA IN LIEU OF ANY TYPE OR NATURE WHATSOEVERAND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SELLER ALSO DISCLAIMS AND BUYER WAIVES ANY LIABILITY OF SELLER IN NO EVENTTORT, UNDER NO CIRCUMSTANCESSTRICT OR OTHERWISE, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE OTHERWISE IN LAW, FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL CONSEQUENTIAL, RESULTING FROM A DEFECT IN DESIGN, MATERIAL, WORKMANSHIP, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE MANUFACTURE, WHETHER OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN NOT OCCASIONED BY SELLER'S NEGLIGENCE. (B) THIS WARRANTY SHALL NOT APPLY IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OCCURRENCE OF ANY OF THE FOLLOWING CONDITIONS, REGARDLESS WHETHER SUCH DAMAGESCONDITIONS ARE OCCASIONED BY THE NEGLIGENCE OF THE BUYER OR ANY OTHER PARTY: (1) DAMAGE INCURRED IN THE HANDLING OR SHIPMENT OF THE PRODUCT; (2) DAMAGE INCURRED AS A RESULT OF IMPROPER STORAGE PRIOR TO INSTALLATION THAT ALLOWS FOR POOR CIRCULATION; (3) DAMAGE RESULTING FROM PROLONGED MOISTURE CONTACT OR CONTACT WITH CORROSIVES AND/OR SIMILAR MATERIALS; (4) DAMAGE RESULTING FROM EDGE CORROSION OR FAILURE OF THE METAL SUBSTRATE; (5) ACTS OF GOD, FALLING OBJECTS, EXPLOSIONS, FIRE OR OTHER SIMILAR OR DISSIMILAR OCCURRENCES BEYOND FABRAL’S CONTROL; (5) IMPROPER INSTALLATION; (6) ANY PRODUCT THAT HAS BEEN ABUSED. (C) THE WARRANTY DESCRIBED HEREIN IS LIMITED TO THE PANEL'S STANDARD EXTERIOR SIDE FINISH.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR SERVICES PROVIDED BY PROVIDER TO HOST PURSUANT TO THIS AGREEMENT SHALL BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION“AS-IS WHERE-IS.” NO OTHER WARRANTY TO HOST OR ANY OTHER PERSON, DISCRETION AND OPINION WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVERTHE INSTALLATION, EXPRESSED OR IMPLIEDDESIGN, REGARDING THE PERFORMANCE OF CAMERASDESCRIPTION, SERVICESQUALITY, SUPPLIESMERCHANTABILITY, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIESCOMPLETENESS, GUARANTEESUSEFUL LIFE, EXPRESSED OR IMPLIEDFUTURE ECONOMIC VIABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT PURPOSE OF THE USE SYSTEM, THE SOLAR SERVICES OR INABILITY TO USE ANY EQUIPMENT RENTED OTHER SERVICE PROVIDED HEREUNDER OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY PROVIDER. FOR CLARITY, NOTHING IN THIS SECTION 8.4 SHALL EXCUSE, LIMIT OR OTHERWISE MODIFY OR DIMINISH PROVIDER’S OBLIGATIONS AND RESPONSIBILITIES WITH REGARD TO THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR SERVICES SET FORTH ELSEWHERE IN THIS AGREEMENT. HOST MAKES NO REPRESENTATION OR ▇▇▇▇▇▇▇▇ CAMERAWARRANTY AS TO THE LEVEL OF PAST, PRESENT OR FUTURE ENERGY CONSUMPTION AT THE PROPERTY. NOR SHALL ANY PROVISION OF THIS AGREEMENT REQUIRE HOST TO CONTINUE TO OPERATE THE PROPERTY OR RESTRICT HOST’S AGENTS HAVE BEEN ADVISED RIGHTS TO SELL, LEASE OR DISPOSE OF THE POSSIBILITY PROPERTY, PROVIDED THAT HOST COMPLIES WITH THE APPLICABLE REQUIREMENTS OF SUCH DAMAGESTHIS AGREEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONTHE LEX PLATFORM AND THE RELATED SOFTWARE, DISCRETION SYSTEMS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER ANCILLARY DOC- UMENTATION ARE PROVIDED “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA ” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EITHER EX- PRESSED OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO, THE PERFORMANCE IMPLIED WARRAN- TIES OF CAMERASTITLE, SERVICESMERCHANTABILITY, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-IN- FRINGEMENT OTHER THAN THOSE WAR- RANTIES WHICH ARE IMPLIED BY, AND IN- CAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAWS AND REGULATIONS. WE DO NOT GUARAN- TEE CONTINUOUS, UNINTERRUPTED OR SE- CURE ACCESS TO ANY PART OF THE LEX PLATFORM, AND OPERATION OF THE LEX PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO EVENTEVENT WILL WE OR ANY THIRD-PARTY BE LIABLE FOR DIRECT, UNDER NO CIRCUMSTANCESINDI- RECT, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESINCIDENTAL, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT RESULTING FROM ANY DEFECT IN OR YOUR USE OF THE USE OR INABILITY TO USE LEX PLATFORM. THE FOREGOING DISCLAIMER OF CERTAIN IMPLIED WARRANTIES IN THIS CLAUSE DOES NOT APPLY IN ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF CIRCUMSTANCES WHERE SUCH DAMAGESDISCLAIMERS ARE NOT AL- LOWED BY LAW.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT THE SOFTWARE AND SUPPLEMENTARY SOFTWARE ARE FURNISHED TO THE LICENSEE “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES, DUTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. CMC AND RELEVANT THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL EQUIPMENT WARRANTIES, DUTIES AND CONDITIONS, EXPRESS (EXCEPT TO BE RENTED FROM THE EXTENT EXPRESSLY PROVIDED OTHERWISE BY THIS ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED ) OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, STATUTORY OR OTHERWISE, OF ANY KIND, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENTCMC AND RELEVANT THIRD PARTY LICENSORS DO NOT WARRANT THAT THE SOFTWARE OR SUPPLEMENTARY SOFTWARE, UNDER NO CIRCUMSTANCESWILL MEET THE LICENSEE’S REQUIREMENTS OR PROVIDE SPECIFIC RESULTS, SHALL ▇▇▇▇▇▇▇▇ CAMERA OR THAT THEY WILL BE RESPONSIBLE UPDATED, OR LIABLE THAT THE OPERATION OF ALL OR ANY OF THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA, OR THAT ANY NETWORK SERVICES OR PRODUCTS (OTHER THAN THE SOFTWARE) UPON WHICH THE SOFTWARE’S PERFORMANCE DEPENDS WILL CONTINUE TO CUSTOMER BE AVAILABLE, UNINTERRUPTED OR ANYONE ELSE FOR UNMODIFIED. FURTHERMORE, CMC AND RELEVANT THIRD PARTY LICENSORS DO NOT WARRANT OR MAKE ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS REPRESENTATIONS OR OTHER DIRECT CONDITIONS REGARDING THE USE OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE RESULTS OF THE USE OF THE SOFTWARE OR INABILITY SUPPLEMENTARY SOFTWARE IN TERMS OF THEIR ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. CMC AND RELEVANT THIRD PARTY LICENSORS SHALL HAVE NO RESPONSIBILITY FOR THE SECURITY OF, TIMELINESS, DELETION, MIS- DELIVERY, OR FAILURE TO USE STORE ANY EQUIPMENT RENTED OF THE LICENSEE’S COMMUNICATIONS OR PERSONALIZED SETTINGS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CMC, OR ANY THIRD PARTY SHALL CREATE A WARRANTY, DUTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY, DUTY AND CONDITION. SHOULD THE SOFTWARE OR THE ALLEGED BREACH MEDIA ON WHICH IT IS FURNISHED OR THE SUPPLEMENTARY SOFTWARE PROVE DEFECTIVE, THE LICENSEE (AND NOT CMC OR ANY THIRD PARTY) ASSUME THE ENTIRE COST OF ANY AGREEMENT DESCRIBED HEREINALL NECESSARY SERVICING, EVEN IN REPAIR, OR CORRECTION. WARNING: IF THE EVENT LICENSEE IS RECEIVING AN EVALUATION LICENSE, THE SOFTWARE MAY CONTAIN A MECHANISM THAT ▇▇▇▇▇▇▇▇ CAMERA WILL CAUSE THE SOFTWARE TO CEASE PROPER OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED FULL FUNCTIONING AFTER AN EVALUATION PERIOD. THIS MAY OCCUR BEFORE OR AFTER EXPIRATION OR TERMINATION OF THE POSSIBILITY OF LICENSE, SO THE LICENSEE MUST BE PREPARED FOR SUCH DAMAGESEVENT AT ALL TIMES AND MAY NOT RELY ON THE SOFTWARE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇▇▇’▇ obligations hereunder shall not apply to support, main- tenance, repair or replacement necessitated in whole or in part by catastrophe, fault or neg- ligence of the Customer, improper or unauthorized use including without limitation, use pri- or to completion of installation as verified by ▇▇▇▇▇▇▇▇▇▇, installation, modification or repair other than by ▇▇▇▇▇▇▇▇▇▇ CAMERA WILL or its authorized technical representatives, unusual stress, power fail- ure, deviation from recommended maintenance procedures, or failure to maintain the prescribed conditions at the installation site or other failure to comply with applicable Documentation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTION 9.1 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IM- PLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANT- ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR AGAINST INFRINGEMENT). ▇▇▇▇▇▇▇▇▇▇ DOES NOT WARRANT UNINTERRUPTED OR ERRORFREE OPERATION. THE REMEDY PROVIDED IN SECTION 9.1 SHALL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONAND EXCLUSIVE REM- EDY FOR ANY FAILURE OF ▇▇▇▇▇▇▇▇▇▇ TO CONFORM WITH SUCH WARRANTY, DISCRETION AND OPINION CUS- TOMER SHALL HAVE NO CLAIM, EXCEPT AS TO EQUIPMENT WHICH IT REQUIRESAFORESAID, AGAINST ▇▇▇▇▇▇▇▇▇▇, ITS AFFIL- IATES OR THE MANUFACTURER, SUPPLIER OR LICENSOR OF THE PRODUCTS, SOFTWARE OR RELATED SERVICES, WHETHER BASED IN CONTRACT, NEGLIGENCE, PRODUCTS LI- ABILITY, TRADE PRACTICES, OR OTHERWISE. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “REPAIR OR REPLACEMENT (OR REFUND, AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE ELECTED BY ▇▇▇▇▇▇▇▇ CAMERA ▇▇▇) IN THE MANNER PROVIDED ABOVE SHALL CONSTITUTE FULFILMENT OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE ALL LIABILITIES OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY WITH RESPECT TO THE QUALITY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT PERFORMANCE OF THE USE PRODUCTS, SOFTWARE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED RELATED SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SELECTION OF THE POSSIBILITY OF SUCH DAMAGESPRODUCT(S) AND SERVICES TO ACHIEVE CUSTOMER’S INTENDED RESULTS OR FOR CUSTOMER’S PARTICULAR APPLICATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT 15.1 ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE” BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. 15.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNINTERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS; B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF CUSTOMER’S SOLE SELECTIONUSING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND C. ANY USE OF THE ORCA WEBSITE, DISCRETION INCLUDING BUT NOT LIMITED TO THE CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITE, WILL BE FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS. 15.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. EACH OF THE OTHER AGENCIES DISCLAIMS ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ; ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 15.4 NO EVENTADVICE OR INFORMATION, UNDER NO CIRCUMSTANCESWHETHER ORAL OR WRITTEN, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OBTAINED FROM THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED AGENCIES OR THE ALLEGED BREACH OF ORCA SYSTEM SHALL REVISE OR CREATE ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTY.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE (a) EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY PROVIDED IN SECTION 11, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THE SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED DPT AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-­‐INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) DPT DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES DPT WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-­‐FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESTHE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE HACKERS, DENIAL OF SERVICE ATTACKS OR LIABLE INTERCEPTORS AND NEITHER DPT NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. (c) THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESLOCATION, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF DEPENDING UPON THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER (A) THE WARRANTY DESCRIBED HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO SHALL BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION EXCLUSIVE AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA IN LIEU OF ANY TYPE OR NATURE WHATSOEVERAND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SELLER ALSO DISCLAIMS AND BUYER WAIVES ANY LIABILITY OF SELLER IN NO EVENTTORT, UNDER NO CIRCUMSTANCESSTRICT OR OTHERWISE, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE OTHERWISE IN LAW, FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL CONSEQUENTIAL, RESULTING FROM A DEFECT IN DESIGN, MATERIAL, WORKMANSHIP, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE MANUFACTURE, WHETHER OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN NOT OCCASIONED BY SELLER'S NEGLIGENCE. (B) THIS WARRANTY SHALL NOT APPLY IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OCCURRENCE OF ANY OF THE FOLLOWING CONDITIONS, REGARDLESS WHETHER SUCH DAMAGESCONDITIONS ARE OCCASIONED BY THE NEGLIGENCE OF THE BUYER OR ANY OTHER PARTY: (1) DAMAGE INCURRED IN THE HANDLING OR SHIPMENT OF THE PRODUCT; (2) DAMAGE INCURRED AS A RESULT OF IMPROPER STORAGE PRIOR TO INSTALLATION THAT ALLOWS FOR POOR CIRCULATION; (3) DAMAGE RESULTING FROM SALTWATER MARINE ATMOSPHERES OR CONSTANT SPRAYING OF EITHER SALT OR FRESH WATER, FALLOUT OR EXPOSURE TO CORROSIVE CHEMICALS, FUMES, ASH, CEMENT DUST OR ANIMAL WASTE, WATER RUNOFF FROM LEAD OR COPPER FLASHINGS OR AREAS IN METALLIC CONTACT WITH LEAD OR COPPER, OR CONDITIONS/CIRCUMSTANCES WHERE CORROSIVE FUMES OR CONDENSATES ARE GENERATED OR RELEASED INSIDE THE BUILDING, BENDS LESS THAN 4T, FAILURE TO REMOVE DEBRIS FROM THE PANELS, SCOURING OR CLEANING PROCEDURES, CONTACT WITH DAMP INSULATION OR OTHER CORROSIVE MATERIALS, CONTACT WITH IMPROPER FASTENERS; (4) DAMAGE RESULTING FROM EDGE CORROSION ; (5) ACTS OF GOD, FALLING OBJECTS, EXPLOSIONS, FIRE OR OTHER SIMILAR OR DISSIMILAR OCCURRENCES BEYOND FABRAL’S CONTROL; (5) IMPRO PER INSTALLATION; (6) ANY PRODUCT THAT HAS BEEN ABUSED. (C) THE WARRANTY DESCRIBED HEREIN IS LIMITED TO THE PANEL'S STANDARD EXTERIOR SIDE FINISH.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE ADDENDUM APPLICABLE TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE THE PRODUCTS AND/OR SERVICES OR AS A RESULT OF CUSTOMER’S SOLE SELECTIONOTHERWISE EXPRESSLY CONFIRMED IN WRITING BY T2, DISCRETION THE PRODUCTS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE PRODUCTS OR SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. T2 DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. FURTHER, T2 DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE ON ANY PARTICULAR CONFIGURATION OF SOFTWARE, OPERATING SYSTEM OR COMPUTER SYSTEM. ANY HARDWARE PURCHASED FROM SOURCES OUTSIDE OF T2 WILL BE THE SOLE RESPONSIBILITY OF THE CUSTOMER. T2 WILL NOT BE RESPONSIBLE FOR THE FAILURE OF THE SOFTWARE TO PERFORM TO THE EXTENT THAT SUCH FAILURE TO PERFORM IS DUE TO THE FAILURE OF A THIRD PARTY FUNCTION, SUCH AS INTERNET AVAILABILITY REQUIRED FOR THE CONNECTION BETWEEN THE HARDWARE AND SOFTWARE OR THE WIRELESS NETWORK AVAILABILITY REQUIRED FOR THE T2 SOFTWARE TO BE ABLE TO SEND AND RECEIVE DATA. IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL ▇▇▇▇▇▇▇▇ CAMERA T2 BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE FAILURE OF THE USE OR INABILITY SOFTWARE TO USE ANY EQUIPMENT RENTED OR PERFORM IF SUCH FAILURE ARISES DUE TO THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED COMBINATION OF THE POSSIBILITY SOFTWARE WITH THIRD PARTY HARDWARE OR SOFTWARE. T2 SHALL NOT COVER REPAIR, LABOR OR REPLACEMENT OF PARTS THAT ARE BY NATURE EXPENDABLE. IN ADDITION, IF APPLICABLE, THE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS OR INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO LOCATION, DEPENDING UPON THE APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AS A RESULT MATERIAL PART OF CUSTOMER’S SOLE SELECTIONTHE CONSIDERATION FOR THIS ASSIGNMENT, DISCRETION GRANTOR AND OPINION GRANTEE AGREE THAT GRANTOR'S INTERESTS IN SUCH PROPERTY, IF ANY, BEING TRANSFERRED TO GRANTEE HEREUNDER ARE TRANSFERRED "AS IS," "WHERE IS," "WITH ALL FAULTS," WITH ANY AND ALL LATENT AND PATENT DEFECTS, AND THAT THERE IS NO WARRANTY THAT THE PROPERTY HAS A PARTICULAR FINANCIAL VALUE OR IS FIT FOR A PARTICULAR PURPOSE, EXCEPT THAT PRODUCER AGREES TO TRANSFER THE PROPERTY, OR APPLICABLE PORTIONS THEREOF, FREE AND CLEAR OF ANY MORTGAGES, MECHANICS' LIENS, TAX LIENS AND OTHER FORMS OF SECURITY INTERESTS OR FINANCIAL ENCUMBRANCES OR PAST DUE PAYMENTS OF ANY KIND CREATED BY, THROUGH AND UNDER GRANTOR BUT NOT OTHERWISE. EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, GRANTOR MAKES THIS ASSIGNMENT TO GRANTEE WITHOUT RECOURSE (EVEN AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES THE RETURN OF THE PURCHASE PRICE), AND WITHOUT ANY COVENANT OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA WARRANTY OF ANY TYPE KIND, EXPRESS, IMPLIED OR NATURE WHATSOEVERSTATUTORY. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, EXPRESSED STATEMENT, OR OTHER ASSERTION WITH RESPECT TO THE PROPERTY OR THE PROPERTY CONDITION BUT INSTEAD IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. FURTHER, GRANTOR AND GRANTEE AGREE THAT, EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, GRANTOR EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF CAMERASMERCHANTABILITY, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, DESCRIPTION, DESIGN, QUALITY, CONDITION, CONFORMITY TO PLANS OR DRAWINGS, OPERATION, PRESSURE INTEGRITY, COMPLIANCE WITH SPECIFICATION, COMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT), SUITABILITY OF THE PROPERTY FOR GRANTEE'S USE, OR ABSENCE OF PATENT OR LATENT DEFECTS OR DESIGN FLAWS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS ASSIGNMENT. GRANTEE TAKES GRANTOR'S INTEREST IN SUCH PROPERTY, IF ANY, WITH THE EXPRESS UNDERSTANDING AND STIPULATION THAT, EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, THERE ARE NO EVENTEXPRESS OR IMPLIED WARRANTIES. ALL WARRANTIES THAT MIGHT ARISE BY COMMON LAW ARE EXCLUDED AND ARE SPECIFICALLY DISCLAIMED. Grantor and Grantee agree that, UNDER NO CIRCUMSTANCESto the extent required by the applicable law to be operative, the disclaimers of warranties contained in this Assignment are "conspicuous" disclaimers for the purposes of any applicable law, rule or order. DECEPTIVE TRADE PRACTICES—WAIVER OF CONSUMER RIGHTS. AS A MATERIAL PART OF THE CONSIDERATION FOR GRANTOR AND GRANTEE AGREEING TO ENTER INTO THIS ASSIGNMENT, EACH PARTY COMPRISING GRANTOR AND GRANTEE EACH CAN, AND DO, EXPRESSLY WAIVE THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT, ARTICLE 17.41 ET SEQ., TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT PROVIDES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS, AND ALL OTHER CONSUMER PROTECTION LAWS OF THE STATE OF TEXAS, OR ANY OTHER STATE, OR OF THE UNITIED STATES OF AMERICA, APPLICABLE TO THIS TRANSACTION, IF ANY, THAT MAY BE WAIVED BY THE GRANTOR AND GRANTEE. IT IS NOT THE INTENT OF THE GRANTOR AND GRANTEE TO WAIVE, AND THE PARTIES SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE NOT WAIVE, ANY APPLICABLE LAW OR LIABLE SUB-PART THEREOF WHICH IS PROHIBITED BY LAW FROM BEING WAIVED. THE GRANTOR AND GRANTEE AGREE THAT THEY HAVE HAD AN ADEQUATE OPPORTUNITY TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESREVIEW THE PRECEDING WAIVER PROVISION, INCLUDING LOST PROFITSTHE OPPORTUNITY TO SUBMIT THE SAME TO LEGAL COUNSEL FOR REVIEW AND COMMENT, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT AND AFTER CONSULTATION WITH AN ATTORNEY OF THEIR OWN SELECTION VOLUNTARILY CONSENT TO THIS WAIVER, AND UNDERSTAND THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESRIGHTS BEING WAIVED.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT APPLICABLE TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE THE PRODUCTS AND/OR SERVICES OR AS A RESULT OF CUSTOMER’S SOLE SELECTIONOTHERWISE EXPRESSLY CONFIRMED IN WRITING BY T2, DISCRETION THE PRODUCTS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE PRODUCTS OR SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. 5.1 T2 DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. FURTHER, T2 DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE ON ANY PARTICULAR CONFIGURATION OF SOFTWARE, OPERATING SYSTEM OR COMPUTER SYSTEM. ANY HARDWARE PURCHASED FROM SOURCES OUTSIDE OF T2 WILL BE THE SOLE RESPONSIBILITY OF THE CUSTOMER. T2 WILL NOT BE RESPONSIBLE FOR THE FAILURE OF THE SOFTWARE TO PERFORM TO THE EXTENT THAT SUCH FAILURE TO PERFORM IS DUE TO THE FAILURE OF A THIRD PARTY FUNCTION, SUCH AS INTERNET AVAILABILITY REQUIRED FOR THE CONNECTION BETWEEN THE HARDWARE AND SOFTWARE OR THE WIRELESS NETWORK AVAILABILITY REQUIRED FOR THE T2 SYSTEMS SOFTWARE TO BE ABLE TO SEND AND RECEIVE DATA. IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL ▇▇▇▇▇▇▇▇ CAMERA T2 BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE FAILURE OF THE USE OR INABILITY SOFTWARE TO USE ANY EQUIPMENT RENTED OR PERFORM IF SUCH FAILURE ARISES DUE TO THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED COMBINATION OF THE POSSIBILITY SOFTWARE WITH THIRD PARTY HARDWARE OR SOFTWARE. T2 SHALL NOT COVER REPAIR, LABOR OR REPLACEMENT OF SUCH DAMAGES.PARTS THAT ARE BY NATURE EXPENDABLE. IN ADDITION, IF APPLICABLE, THE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS OR INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. 5.2 THIS LIMITED LEGAL WARRANTY GIVES THE CUSTOMER SPECIFIC RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS,

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES APART FROM THE SPECIFIC WARRANTIES SET OUT HEREIN, ALL SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. NEITHER SELLERS NOR ANY OF THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR LICENSORS WARRANTS THAT ALL EQUIPMENT THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED PURSUANT TO THIS AGREEMENT WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONUNINTERRUPTED OR FREE FROM ERRORS, DISCRETION DEFECTS, AND OPINION AS PROBLEMS, NOR DOES SELLERS WARRANT THAT CERTAIN RESULTS MAY BE OBTAINED BY PURCHASER IN CONNECTION WITH THE SERVICES OR PRODUCTS INCLUDING BUT NOT LIMITED TO EQUIPMENT WHICH IT REQUIRESTHE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. SELLERS AND THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS MAKE NO WARRANTIES WARRANTY, GUARANTEE OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE REPRESENTATION EITHER EXPRESS OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, IMPLIED REGARDING THE PERFORMANCE OF CAMERASMERCHANTABILITY, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED UNDER THIS AGREEMENT. IN NO EVENTWITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCESEXCEPT AS EXPRESSLY STATED HEREIN, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE SELLERS DO NOT MAKE ANY WARRANTY OR LIABLE TO CUSTOMER OR ANYONE ELSE GUARANTEE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS THIRD PARTY PRODUCTS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSERVICE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA EXODUS LASERS WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS REPRESENTA- TIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA EXODUS LASERS OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED EX- PRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERASCOSMETIC LASER(S), SERVICESSER- VICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA EXODUS LASERS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORYSTAT- UTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRAN- TIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA EXODUS LASERS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITSPROF- ITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED RENT- ED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA EXODUS LASERS OR ▇▇▇▇▇▇▇▇ CAMERA’S EXODUS LASERS’ AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION THE LUX SYSTEM AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER SERVICES ARE PROVIDED “AS IS”. ,” WITH NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVER. ALL EXPRESS, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL STATUTORY WARRANTIES, GUARANTEESINCLUDING, EXPRESSED OR IMPLIEDWITHOUT LIMITATION, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LUX AND ITS AFFILIATES, DISTRIBUTORS, AND STRATEGIC PARTNERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LUX SYSTEM AND/OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LUX AND ITS AFFILIATES, DISTRIBUTORS, AND STRATEGIC PARTNERS DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LUX SYSTEM OR RECEIVED THROUGH ANY LINKS PROVIDED IN NO EVENTTHE LUX SYSTEM, UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE AS WELL AS FOR ANY DAMAGESINFORMATION OR ADVICE RECEIVED THROUGH THE LUX SYSTEM OR THROUGH ANY LINKS PROVIDED BY THE LUX SYSTEM. LUX AND ITS AFFILIATES, INCLUDING LOST PROFITSDISTRIBUTORS, LOST SAVINGS AND STRATEGIC PARTNERS SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ADVICE OBTAINED THROUGH THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLUX SYSTEM.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE (a) EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY PROVIDED IN SECTION 11, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THE SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) T2 DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESTHE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE HACKERS, DENIAL OF SERVICE ATTACKS OR LIABLE INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. (c) THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESLOCATION, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF DEPENDING UPON THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED OR BORROWED FROM ▇▇▇▇▇▇▇▇ CAMERA LESS WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO THE EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA LESS OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM SUPPLIES OR OTHER EQUIPMENT RENTEDRENTED OR BORROWED. ▇▇▇▇▇▇▇▇ CAMERA LESS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO ANY CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA LESS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR TO ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITSREVENUE, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR BORROWED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA LESS OR ▇▇▇▇▇▇▇▇ CAMERALESS’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE (a) EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY PROVIDED IN SECTION 11, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THE SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED DPT AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) DPT DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES DPT WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESTHE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE HACKERS, DENIAL OF SERVICE ATTACKS OR LIABLE INTERCEPTORS AND NEITHER DPT NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. (c) THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESLOCATION, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF DEPENDING UPON THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT (a) EXCEPT AS EXPRESSLY PROVIDED IN THE ADDENDUM APPLICABLE TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE THE PRODUCTS AND/OR SERVICES OR AS A RESULT OF CUSTOMER’S SOLE SELECTIONOTHERWISE EXPRESSLY CONFIRMED IN WRITING BY T2, DISCRETION THE PRODUCTS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE PRODUCTS OR SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) T2 DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. FURTHER, T2 DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE ON ANY PARTICULAR CONFIGURATION OF SOFTWARE, OPERATING SYSTEM OR COMPUTER SYSTEM. ANY HARDWARE PURCHASED FROM SOURCES OUTSIDE OF T2 WILL BE THE SOLE RESPONSIBILITY OF THE CUSTOMER. T2 WILL NOT BE RESPONSIBLE FOR THE FAILURE OF THE SOFTWARE TO PERFORM TO THE EXTENT THAT SUCH FAILURE TO PERFORM IS DUE TO THE FAILURE OF A THIRD PARTY FUNCTION, SUCH AS INTERNET AVAILABILITY REQUIRED FOR THE CONNECTION BETWEEN THE HARDWARE AND SOFTWARE OR THE WIRELESS NETWORK AVAILABILITY REQUIRED FOR THE T2 SOFTWARE TO BE ABLE TO SEND AND RECEIVE DATA. IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL ▇▇▇▇▇▇▇▇ CAMERA T2 BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE FAILURE OF THE USE OR INABILITY SOFTWARE TO USE ANY EQUIPMENT RENTED OR PERFORM IF SUCH FAILURE ARISES DUE TO THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED COMBINATION OF THE POSSIBILITY SOFTWARE WITH THIRD PARTY HARDWARE OR SOFTWARE. T2 SHALL NOT COVER REPAIR, LABOR OR REPLACEMENT OF PARTS THAT ARE BY NATURE EXPENDABLE. IN ADDITION, IF APPLICABLE, THE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS OR INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. (c) THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO LOCATION, DEPENDING UPON THE APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇LESSOR IS NOT THE MANUFACTURER OF THE UNITS. ▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT ACKNOWLEDGES THAT IT IS ULTIMATELY High Risk Uses. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT UNITS ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF CUSTOMER’S SOLE SELECTIONNUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRESPERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇FURTHER, ▇▇▇▇▇▇ CAMERA AGREES TO TAKE ALL PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING BUT NOT LIMITED TO, PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. LESSOR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ANY TYPE FITNESS OF THE PRODUCTS OR NATURE WHATSOEVERSERVICES FOR HIGH- RISK USES. LESSEE SHALL DEFEND, EXPRESSED OR IMPLIEDINDEMNIFY, REGARDING THE PERFORMANCE OF CAMERASRELEASE AND HOLD LESSOR, SERVICESAND ITS SUBSIDIARIES AND AFFILIATES, SUPPLIESAND THEIR RESPECTIVE OFFICERS, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS HARMLESS FROM ANY AND ALL WARRANTIESCLAIMS, GUARANTEESLOSSES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, LIABILITIES, ACTIONS AND EXPENSES (INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES REASONABLE ATTORNEYS’ FEES) ARISING OUT OF THE OR RELATING TO LESSEE’S USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY UNITS FOR ANY HIGH-RISK USES INCLUDING ARISING FROM CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH DAMAGESCLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF LESSOR.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT 22.1 ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. 22.2 BY WAY OF EXAMPLE AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNITERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS; B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF CUSTOMER’S SOLE SELECTIONUSING THE ORCAS SERVICES WILL BE ACCURATE AND RELIABLE; AND C. ANY USE OF THE ORCA WEBSITES, DISCRETION INCLUDING BUT NOT LIMITED TO THE CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITES, WILL BE FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS. 22.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. EACH OF THE OTHER AGENCIES DISCLAIMS ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ; ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USEAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. 22.4 NO EVENTADVICE OR INFORMATION, UNDER NO CIRCUMSTANCESWHETHER ORAL OR WRITTEN, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OBTAINED FROM THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED AGENCIES OR THE ALLEGED BREACH OF ORCA SYSTEM SHALL REVISE OR CREATE ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTY.

Exclusion of Warranties. NOTWITHSTANDING ANYTHING ELSE STATED IN THIS AGREEMENT OR ELSEWHERE, BUSINESSOLVER DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES REGARDING ITS SERVICES (INCLUDING IMPLIED REPRESENTATIONS OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE) OR REGARDING THE PRODUCTS WHICH MAY BE OFFERED OVER CUSTOMER'S WEBSITE OR WEB PAGES OR THAT CUSTOMER'S WEBSITE OR WEB PAGES SHALL BE UNINTERRUPTED OR ERROR-FREE. FURTHER, NOTHING IN THIS AGREEMENT NOR THE PERFORMANCE OF SERVICES BY BUSINESSOLVER SHALL SUPERCEDE ANY CARRIER PLANS PROVIDED BY THE CUSTOMER NOR SHALL BUSINESSOLVER ASSUME ANY RESPONSIBILITY OR LIABILITY RELATING TO ANY CARRIER ACT OR OMISSIONS. Section 8.2. Limitation of Damages. IN NO EVENT, EVENT SHALL BUSINESSOLVER BE LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT PAID TO AND RETAINED BY BUSINESSOLVER FROM CUSTOMER FOR THE PRECEDING TWELVE (12) MONTHS. UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA BUSINESSOLVER BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESINDIRECT, INCLUDING LOST PROFITSSPECIAL, LOST SAVINGS INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DIRECT EXEMPLARY DAMAGES (WHETHER ALLEGED IN TORT, CONTRACT, INDEMNITY OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINOTHERWISE, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE IF IT HAS BEEN ADVISED APPRISED OF THE POSSIBILITY OF SUCH THE DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT OR INTERRUPTION OF BUSINESS OR FROM ANY INTERRUPTION OR ERRORS IN CUSTOMER'S ENROLLMENT WEBSITE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE EXCEPT AS A RESULT SPECIFICALLY SET FORTH HEREIN, NEITHER ZENGINE NOR ANY OF CUSTOMER’S SOLE SELECTION, DISCRETION ITS SUPPLIERS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING WITH RESPECT TO THE PERFORMANCE OF CAMERASZENGINE SOFTWARE, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAWTHE MCSC WEBSITE, OR OTHERWISETHE SERVICES TO BE PROVIDED OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER ZENGINE NOR ANY OF ITS SUPPLIERS AND LICENSORS, WARRANTS THAT THE ZENGINE SOFTWARE, THE MCSC WEBSITE, OR THE SERVICES TO BE PROVIDED OR THE OPERATION THEREOF ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED OR MEETS OR WILL MEET MCSC's REQUIREMENTS. WITHOUT LIMITATION OF THE FOREGOING, ZENGINE, ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THE ACCURACY OF ANY SALES TAX DATA OR TAX CALCULATIONS THAT MAY BE PROVIDED OR PERFORMED BY THE ZENGINE SOFTWARE OR THE SERVICES. NEITHER ZENGINE NOR ANY OF ITS SUPPLIERS AND LICENSORS GIVE ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENTPURPOSE OR ARISING BY USAGE OF TRADE, UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE COURSE OF DEALING OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT COURSE OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPERFORMANCE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT 13.1 ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. 13.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNITERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS; B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF CUSTOMER’S SOLE SELECTIONUSING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND C. ANY USE OF THE ORCA WEBSITES, DISCRETION INCLUDING BUT NOT LIMITED TO THE CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITES, WILL BE FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS. 13.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. EACH OF THE OTHER AGENCIES DISCLAIMS ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ; ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 13.4 NO EVENTADVICE OR INFORMATION, UNDER NO CIRCUMSTANCESWHETHER ORAL OR WRITTEN, SHALL ▇▇▇▇▇▇▇▇ CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OBTAINED FROM THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED AGENCIES OR THE ALLEGED BREACH OF ORCA SYSTEM SHALL REVISE OR CREATE ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTY.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM ▇▇▇▇▇▇▇▇ CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ▇▇▇▇▇▇▇▇ CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. ▇▇▇▇▇▇▇▇ CAMERA VUUZLE FILM PRODUCTIONS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL ▇▇▇▇▇▇▇▇ CAMERA VUUZLE FILM PRODUCTIONS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT ▇▇▇▇▇▇▇▇ CAMERA OR ▇▇▇▇▇▇▇▇ CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.