Common use of Exclusion of Warranties Clause in Contracts

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officerofficers, employees, agents and subcontractors, from and against any and all direct or indirect third party claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licensee’s use extent caused or contributed to by acts, defaults or omissions of the Product for any purpose; Nearmap, its directors, officers, employees, agents and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Workssubcontractors. Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any warrantyrepresentations, warranties, conditions and guarantees,, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise, except for guarantees or warranties which cannot be excluded by law including any applicable guarantees under the Consumer Guarantees Act 1993 (“CG Act”) or the Contract and Commercial Law Act 2017. The Licensee acknowledges and agrees that the Products are provided in trade and that the CG Act does not apply to their supply. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or APIs. The purpose of this clause 9.3 is to expressly contract out of the WebsiteFair Trading Act 1986 to the maximum extent possible and the parties agree that it is fair and reasonable to do so. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or APIs, the Contents or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs, exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyrightcopyright (“Infringement Claim”), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Infringement Claim; not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.112.1 Customer acknowledges that Ratings, the Website Assessments and the Products are provided "as is"Screenings are, and Nearmap will be construed solely as, a statement of opinion on the carbon impact of a Project at a certain point in time, and its content providersnot statements of current or historical fact, agents and affiliates excludeinvestment or financial advice, endorsements or criticisms of any Project, nor recommendations to the fullest extent permitted by applicable law, any warranty, express take or implied, including, without limitation, any implied warranties of merchantability or fitness for not take a particular purposeaction by the Sylvera Parties. Ratings are expressed in relative rank order, any warranties as which is to the currency or regularity say they are ordinal measures of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, expected carbon impact and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach predictive of a warranty under clause 9.1; specific outcome. Ratings, Assessments and Screenings do not address any other risk or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, or the unavailability of the sameassessment, including but not limited to loss of use, loss of profits market value risk or loss of dataprice volatility, and directdo not take account of any objectives or requirements of the Customer. Ratings, indirectAssessments and Screenings are the collective work product of Sylvera, incidentaland no individual, punitive and consequential damages and whether in contractor group of individuals, tort (including but not limited to negligence) or otherwise. The Licensee is solely responsible for any Rating, Screening or Assessment. Ratings, Assessments and Screenings are not facts and, therefore, cannot be described as being "accurate" or "inaccurate." 12.2 Sylvera adopts all reasonable measures to ensure the entire cost information that it relies upon or makes available is of sufficient quality and from sources that Sylvera considers to be reliable and/or independent. Notwithstanding, Sylvera cannot independently verify or validate all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation information used or Fee the Licensee has paid, if any, to Nearmap for access to or use made available. As a result of the Products over the 12 month period prior to the alleged defaultpossibility of human, breach technical and/or other error, all Sylvera Data is provided on an “as is” basis without (except as expressly and specifically provided in this Agreement) representation or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost warranty of any kind, which is caused, express or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied implied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.Sylvera Parties. Customer agrees that no oral or written information or advice given by ▇▇▇▇▇▇▇▇ Parties in respect of the Sylvera Data shall constitute a representation or a warranty. The Sylvera Parties make no guarantee of accuracy, completeness, timeliness, or availability. THE SYLVERA PARTIES EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM BUGS, SOFTWARE ERRORS OR DEFECTS, THAT THE SOFTWARE’S FUNCTIONING WILL BE UNINTERRUPTED OR THAT THE SOFTWARE WILL OPERATE WITH ANY SOFTWARE OR HARDWARE CONFIGURATION. 12.3 The Sylvera Data may include inaccuracies or typographical errors, and there may be times when it is unavailable. Sylvera has no obligation to keep the Sylvera Data updated, but Sylvera may make modifications and/or changes to it at any time, for any reason, and the Customer assumes the sole risk of making use of and/or relying on the Sylvera Data. 12.4 The Customer acknowledges that it will, with due care, make its own study and evaluation of a Project before taking any decisions or actions, that nothing provided by the Sylvera Parties should be a substitute for the exercise of independent judgement, skill and expertise by the Customer, and that it takes any investment decisions solely at its own risk. Equally, the Customer is responsible for the conclusions that it draws from any use of the Sylvera Data, and acknowledges that, by providing the Sylvera Data, Sylvera is not expressing any judgement or opinion, nor providing any advice. Lastly, ▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent ▇▇▇▇ has not consented to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit being named an “expert” or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Productssimilar designation under applicable securities laws.

Exclusion of Warranties. Subject Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. However, subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website Website, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect third party claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licensee’s use extent caused or contributed to by acts, defaults or omissions of the Product for any purpose; Nearmap, its directors, officers, employees, agents and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Workssubcontractors. Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any warrantyrepresentations, warranties, conditions and guarantees,, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise, except for guarantees or warranties which cannot be excluded by law including any applicable guarantees under the Consumer Guarantees Act 1993 (CG Act) or the Contract and Commercial Law Act 2017. The Licensee acknowledges and agrees that the Products are provided in trade and that the CG Act does not apply to their supply. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. The purpose of this clause 9.3 is to expressly contract out of the Fair Trading Act 1986 to the maximum extent possible and the parties agree that it is fair and reasonable to do so. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website Website, the Contents or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website, exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyrightcopyright (Infringement Claim), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Infringement Claim; not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. 10.1 Subject to clause 9.1this agreement and any express provisions contained herein all guarantees, the Website and the Products conditions, warranties, terms, undertakings, or representations whether express or implied (by statute or otherwise) are provided "as is", and Nearmap and its content providers, agents and affiliates exclude, excluded to the fullest maximum extent permitted by applicable lawlaw.‌ 10.2 Nothing in this agreement excludes restricts or modifies any right or remedy or any guarantee term condition warranty undertaking inducement or representation implied by any legislation which cannot be excluded or limited. 10.3 Where any legislation implies or imposes a guarantee, any term, condition, warranty, express undertaking, inducement or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties representation which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be (‘Non-Excludable Provision’), and Sitex may limit the Hirer’s remedy for a breach of the Non-Excludable Provision, then Sitex’s liability for breach of the Non-Excludable Provision is limited toto (at Sitex’s election): (a) in the case of goods, at Nearmap’s option replacing the repair or repairing replacement of the Products goods or supplying Products equivalent to the relevant Products, supply of substitute goods (or paying the cost of replacing or repairing doing so); or (b) in the Products. No Liability for Claims To case of services, the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use supplying of the Website or the Productsservices again, or the unavailability payment of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on having the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap supplied again.‌ 10.4 Sitex will not be liable for any lossconsequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs the Hirer have incurred, amounts that the Hirer is liable to its customers for or any loss suffered by third parties. 10.5 Each indemnity in this agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this agreement. 10.6 Sitex will not be liable to the Hirer for any acts or omissions of any person supplied by Sitex where that person is acting under the Hirer’s direction and control during the Term and will be indemnified against all liability, claims, damage, or cost of any kindloss, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap costs and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit legal fees, costs and disbursements on a full indemnity basis, any environmental loss, cost, damage or debit card details provided by the Licensee for the purpose of paying Nearmapexpense) may be disclosed to and held by one arising from or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties incurred in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Productssuch acts or omissions.

Exclusion of Warranties. Subject 5.1 No responsibility for Vessel The Charterer expressly acknowledges that: (a) the condition of the Vessel on delivery to clause 9.1the Charterer under this Charter is the sole responsibility of the Charterer; (b) the Vessel is, or will upon Delivery be, satisfactory for the business of the Charterer and any intended use of the Charterer; (c) the Owner has purchased the Vessel solely for the purpose of leasing the Vessel to the Charterer under this Charter and the Owner enters into this Charter at the request of, but not on behalf of, the Website Charterer; and (d) the Owner will have no responsibility whatsoever for any loss of profit resulting directly or indirectly from any defect or alleged defect in the Vessel. 5.2 As Is, Where Is and the Products are provided With All Faults The Vessel leased under this Charter will be delivered "as is, where is, and with all faults", and Nearmap subject to each and its content providersevery disclaimer set forth in this clause 5, agents the Charterer agrees and affiliates excludeacknowledges that the Owner and any Finance Party will have no liability in relation to, and has not nor will be deemed to the fullest extent permitted by applicable lawhave made or given, any warrantyconditions, warranties or representations, express or implied, including, without limitation, any implied warranties of merchantability whether arising by law or fitness for a particular purpose, any warranties as otherwise with respect to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, or the unavailability of the sameVessel, including but not limited to it being free of liens, Security Interests (save for the Security Interests created pursuant to the Transaction Documents) or defects (whether latent or apparent), the description, merchantability, satisfactory quality, suitability, construction, seaworthiness, condition, eligibility for any particular trade, operation, fitness for any use or purpose, value, state, condition, appearance, safety, durability, design or operation of any kind or nature of the Vessel or any part thereof or any obligation, liability, right, claim or remedy in tort, whether or not arising from the Owner's or any other party's negligence, actual or imputed, or any obligation, liability, right, claim or remedy for loss of useor damage to the Vessel, loss for any liability of profits the Charterer to any third party, or loss of data, and direct, for any other direct or indirect, incidentalincidental or consequential damages. The Charterer hereby irrevocably and unconditionally waives all its rights in respect of any condition, punitive warranty or representation, express or implied, on the part of the Owner and consequential damages any Finance Party and whether all claims against the Owner and any Finance Party howsoever and whenever arising at any time in contractrespect of or out of, in each case, the condition, operation, sub-chartering or performance of the Vessel (including, without limitation, the seaworthiness or otherwise of the Vessel). 5.3 The Charterer hereby waives, to the extent permitted by applicable law: (a) any and all rights which it may now have or which at any time hereafter may be conferred upon it, by statute or otherwise, to terminate, cancel or quit this Charter or to seek to return or surrender the Vessel hereunder except in accordance with the express terms hereof; and (b) any rights which it may have in tort in respect of any of the matters referred to in clause 5.2 and agrees that the Owner and any Finance Party shall have no greater liability in tort in respect of any such matter than it would have in contract after taking into account all the exclusions referred to in clause 5.2. 5.4 No third party making any representation or warranty relating to the Vessel or any part of the Vessel is the agent of the Owner or any Finance Party nor has any such third party authority to bind the Owner or any Finance Party. 5.5 Nothing contained in this Charter is intended to prejudice any rights of warranty or other claims which the Charterer or the Owner may have against the Builder, Sumitomo or any manufacturer, repairer or supplier of any part of the Vessel or any other third party arising out of or in connection with the Contract of Construction and Sale, the Security Assignment and Quadpartite Agreement. The Owner agrees to cooperate with the Charterer in bringing and enforcing any claim of warranty or other such claims and the Charterer shall be liable for any costs of the Owner incurred as a result of such cooperation. 5.6 If for any reason whatsoever this Charter shall be terminated in whole or in part, by operation of law or otherwise, except as specifically provided herein, unless a substitute charter is executed in form and substance acceptable to the Owner, the Owner may demand (with no detriment to its other rights under this Charter) and the Charterer will pay to the Owner an amount equal to the Accelerated Charterhire Amount together with all other amounts incurred by it in connection with the Vessel (including but not limited to negligenceany costs and expenses incurred under the Transaction Documents) or otherwiseno later than fourteen 14 days after such termination. 5.7 Charterer's Acknowledgment The Charterer confirms that it is fully aware of the provisions of clause 5.2 (As Is, Where Is and With All Faults) and acknowledges that Charterhire and other amounts have been calculated notwithstanding these provisions. The Licensee Charterer agrees that the Owner shall be under no liability to supply any replacement vessel or any piece or part thereof during any period when the Vessel is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims unusable and unless caused by the Owner's gross negligence or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability wilful default of Nearmapits obligations under this Charter, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will shall not be liable for to the Charterer or any loss, damage, or cost of any kind, which is caused, or contributed to, by other person as a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use result of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇Vessel being unusable.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.